justice - senate - 1970

Contexts in which the word justice was used in the Senate during the 1970s

I believe that with the co-operation of the Minister the justice we seek will now be found in this legislation and any offender who would do damage to an aircraft or its passengers will be punished. [More…]
In view of the numerous suggestions emanating from Government senators on how the trade unions should operate in accordance with the principles of elementary justice and the national interest, how does he reconcile those objectives with the type of natural justice that exists iu the commercial world, as exemplified by last Friday’s meeting of Associated Portland Cement Manufacturers Ltd at which the majority of Australian resident shareholders who sought to slop this industrial giant ravishing the Colong Caves region of New South Wales were crushed by a large group of overseas shareholders who regard Australia as only a mineral harlot? [More…]
As a member of the Senate select committee that unanimously recommended that the payment to patients in Queensland public hospitals should be $2 a day, in all justice I cannot now oppose that recommendation to which I was a party. [More…]
I believe that there is justice in this recommendation and that there is unfair discrimination against the people of Queensland. [More…]
I would think that their expertise and their knowledge of professional practices and the circumstances would constitute a far more effective tribunal to give justice in the assessment of fees than a court. [More…]
May I make the suggestion, so it will go in the record, that this would not necessarily do justice. [More…]
In fact, it may well produce an injustice because commonly one expects that in these cases there will be a reduction in the earning capacity and that there is then a reduction in the capacity to work long hours. [More…]
Simply to deduct overtime earnings from the preinjury earnings as well as the post-injury earnings may well do a very great injustice and I think would almost always result in an assessment which is not fair. [More…]
If the future welfare of the children will be belter served by residence in Australia, no matter what sin one of the parents has committed, will the Minister temper justice with mercy and withdraw the deportation order? [More…]
There is no fear whatsoever that the contractor in this case will not meet all the obligations of industrial justice that are awarded by industrial tribunals. [More…]
It is to be hoped that all other parties will take the determinations of those tribunals as the criteria of industrial justice. [More…]
I further ask: If a wage increase is awarded by the courts, will the contract be adjusted to ensure that the men working on the project will secure wage justice, thereby guaranteeing continuity of employment and the building of the runway free of the worry that proper adjustments of wages will not be made by the employers? [More…]
The background to the inquiry of Mr Justice Smithers is fully dealt with in the joint statement of the Attorney-General and myself of the 21st September 1970. [More…]
If the fees of hospital fund members are to be increased, will consideration be given to ensure that people who have made no claim on such funds over a long period are not denied the economic justice which subscribers to the Hospitals Contribution Fund suffered recently. [More…]
Where is the justice in Lieutenant Calley, the mass murderer of helpless Vietnamese, being removed from prison and treated like a hero while decent young Australians - Geoff Mullen and Charles Martin - are in Australian prisons for refusing to bc involved in this filthy war? [More…]
Some 2,000 years ago Christ died so that men may live, yet we have a heretic in this chamber who is repudiating all Christian principles and advocating kilting, all in the cause of so-called justice or freedom. [More…]
According to a newspaper report only yesterday Mr Justice Franki concluded hearing an application for a certificate which will enable the matter to be referred to the Commonwealth Industrial Court for the imposition of sanctions. [More…]
In earlier legislation relating to similar Bills the Parliament debated certain causes which called into question matters of ‘law and justice’. [More…]
We have no doubt about your sense of justice and fair play, or your capacity and ability, to discharge your duties with the utmost satisfaction to honourable senators and with credit to yourself. [More…]
Is the Attorney-General aware of a judgment given yesterday in the Northern Territory by Mr Justice Forster relating to the constitutional powers of parliamentary committees? [More…]
I ask: Has he now had an opportunity to read the judgment that was given by Mr Justice Forster in the Northern Territory Supreme Court last Monday relating to an interpretation of the powers of the Northern Territory Legislative Council? [More…]
I have had an opportunity to read the judgment that was given by Mr Justice Forster in the Supreme Court of the Northern Territory on Monday of this week. [More…]
Can the Minister tell us where there is even-handedness and social justice in the situation whereby the Government fails to do anything effective to oppose price increases, such as those imposed by Broken Hill Pty Co. Ltd, and yet intervenes actively in cases in which the unions seek wage increases because the real value of wages is being eroded by the price increases which the Government fails to do anything about? [More…]
Laws and regulations are made to ensure that airmen have the right to certain procedures in order to obtain justice, but in such an organised Service it is often impossible to implement those procedures. [More…]
We have not forgotten that the Government declined to accept the decision of the same arbitrator, Mr Justice Kerr, in regard to salaries. [More…]
That is a most important departure from what was done in regard to the last matter on which Mr Justice Kerr arbirated. [More…]
In earlier legislation relating to similar Bills, the Parliament debated certain clauses concerning matters of law and justice. [More…]
The Government is concerned to ensure the effective operation of the Medical Benefits Scheme based on most common fees and has recently appointed Mr Justice Mason to determine, for the purposes of the Scheme, fair and reasonable fees for general practitioner surgery consultations and home visits in New South Wales. [More…]
As has already been announced, if, after implementation of Mr Justice [More…]
I table the report by the honourable Mr Justice Norman Jenkyn on the operation of the English Divorce Reform Act 1969 and I seek leave to make a statement in connection therewith. [More…]
J call Senator Greenwood, one time Associate to the late Chief Justice. [More…]
Has the AttorneyGeneral seen the statements attributed to Mr Justice Fox about the urgent need for a major overhaul of the criminal law? [More…]
I am aware from Press reports only of the decision which was made yesterday by Mr Justice Forster in the Supreme Court of the Northern Territory. [More…]
I wish to make the observation that honourable senators do themselves less than justice and put themselves in offence against the Standing Orders when they quote from a newspaper. [More…]
As I pointed out, there is an old adage in jurisprudence which should be well known to Senator Byrne, namely: ‘Justice must not only be done it must also appear to be done’. [More…]
If so, will it, as a matter of urgency and in the interests of natural justice, establish a public inquiry to ascertain all information relevant to the execution of the 3 former Croats and their notified punishment by the Communists in Yugoslavia? [More…]
The questions are not likely to prejudice the Australian case before the International Court of Justice because 1 do not propose to answer them. [More…]
by leave - I inform the Senate that the Leader of the Government in the Senate, Attorney-General and Minister for Customs and Excise (Senator Murphy) left Australia on Sunday, 13 th May, to present Australia’s case against French nuclear testing in the Pacific to the International Court of Justice at The Hague. [More…]
No, the Chinese Government does not recognise the jurisdiction of the International Court of Justice. [More…]
Will the Government, in the light of its proposal to refer the question of French nuclear testing in the Pacific to the International Court of Justice, also be prepared to do likewise on the question of nuclear testing by Communist China. [More…]
2) is an effort by the Government to bring some measure of justice into the inequitable electoral laws which apply today. [More…]
In view of the ludicrous situation that has been exposed again by the results of the Victorian State elections, where the Victorian Liberal Government had 46 members elected to the State Parliament by 42 per cent of the vote, whereas 42 per cent of voters supporting the Australian Labor Party enabled that Party to obtain only 18 or 19 seats, will the Minister consider having a White Paper issued by the Commonwealth Electoral Office to point out the grave inequity of the Victorian Electoral distribution and so inform the people of Victoria and the rest of Australia of facts that the Australian Press has suppressed of a cynical, opportunistic, perversion of democratic electoral justice? [More…]
For the information of honourable senators I lay upon the table a statement made by me to the International Court of Justice in The Hague on 23 May 1973 in connection with the report of a meeting between Australian and French scientists in Canberra from 7 to 9 May 1973. [More…]
We of the smaller States who depend upon that one plank of power against the larger States of the Commonwealth for exertion of our rights of justice would be recreant to our faith to pass over the balance of power in this place to what is a segment of New South Wales, now greatly inflated and enriched by its unique proximity to the Federal Government and with all the advantages of enrichment that we have seen over recent years. [More…]
What is the estimated cost of the current appeal to the International Court of Justice by the Australian Government. [More…]
For the information of Honourable senators I present the report on restructuring the criminal justice system in the Northern Territory dated 20 July 1973. [More…]
I regret that I have to inform the Senate of the death this morning of Mr Justice Walsh of the High Court of Australia. [More…]
He then went on to say that, of course, Mr Justice Kirby was not a judge and therefore it did not apply to him as a matter of strict equity. [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice, [More…]
It received very intense consideration by the Constitutional Review Committee from 1956 to 1959 when I endeavoured to have established what I think would be the system advocated by Mr Justice Dixon- that is to say, the unitary system, ignoring the division between State and Federal jurisdictions, and having one system of judges to administer the law whether it be State or Federal. [More…]
I may say, however, that it is a well-established rule of law that the principles of natural justice require that a person adjudicating on a dispute between parties should not himself have an interest in the subject matter of the dispute, or to have otherwise been personally involved in the matter under dispute. [More…]
As the Senate would know, even if not all members are aware of it, in considering whether to take action as Attorney-General one considers what will be the effect generally upon the administration of justice and whether it is to the public advantage to take such action. [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 Governor-General 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 Governor-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 not appropriate to answer this question relating to the administration of justice. [More…]
This is the result of the recommendations of the Medical Fees Tribunal which was set up under Mr Justice Ludeke. [More…]
I do not know what precise reasons Mr Justice Ludeke had for bringing down the decisions which he did, but I shall refer that part of the question to the Minister for Social Security in an effort to obtain the report of Mr Justice Ludeke so that Senator Marriott can study it. [More…]
1 ) What role has Australia House played in seeking to obtain economic justice for Australian travellers embarrassed by the collapse of the British travel agent Pacesetter Travel. [More…]
The first appointment, which was to the post of Acting Director, was of His Honour Judge Muirhead, later Mr Justice Muirhead of the Northern Territory Supreme Court. [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…]
Its complete disregard for the freedom, justice, and right to self determination of the people of the states of Lithuania, Latvia and Estonia. [More…]
Has the Australian Government any powers to ban the Bally Poker Machine Company from operating in Australia, as expressed by Mr Justice Moffitt in his Royal Commission report on crime in clubs? [More…]
That proposal is presently before a study group which was set up as a result of the conference held by Mr Justice Moore. [More…]
What steps have been taken to involve Aborigines in the administration of justice especially in the Northern Territory? [More…]
1 ) Is the Minister aware of the concern of academics at the continuing delay in the establishment of an academic salaries tribunal as proposed by Mr Justice Campbell in the Report ‘Inquiry into Academic Salaries’, and at the disadvantage they are suffering in this period of high and rising inflation. [More…]
I just want to make sure whether, either by statute in a foreign country or by that type of circumstance, the Australian court would be totally free under the provisions of clause 8 sub-clause (5) to hear and determine whether justice in our sense had been fully available to the particular Australian resident or whether one might have a circumstance in which a person finding himself in that position could have enforced against him what could only be described as a rather bodgie type of arbitration, leaving a debt which in any form of justice and equity could not be considered due and payable. [More…]
Aboriginal people of Queensland from being given the justice that they deserve after so many years. [More…]
However, the Leader of the Government in the Senate, Senator Murphy, today is attending a memorial service for the late Honourable Sir Douglas Menzies, a justice of the High Court of Australia. [More…]
That we strongly urge the acceptance of recommendations on academic salaries, to be announced by Mr Justice Campbell. [More…]
The purpose of the motion was to demonstrate that the Senate objected to the proposed actions of the New South Wales Government in relation to the replacement of the now Mr Justice Murphy. [More…]
The matters that the Minister has raised in relation to the Aboriginal Land Rights Commission headed by Mr Justice Woodward and the implementation of some things by the present Government are, as I said in my speech on 19 September 1974, but charity of the government of the day. [More…]
I ask the Minister representing the Attorney-General whether, in order to allay doubts and to ensure that justice is done, he will arrange with the Attorney-General to lay on the table of the Senate the reports of the Commonwealth Police with respect to the charges laid by them against Mr Felton in respect of the break-in of Miss Morosi’s flat which led to the publicised court proceedings last Thursday. [More…]
Has Professor Harry Messel been employed, or engaged by Mr Justice Murphy in his previous capacity as Attorney-General, or Minister for Customs and Excise, or by his Departments, in any, and if so what, capacity. [More…]
I am telling him now that, as a senator, when such a serious case was raised, he should have persisted with the State authorities to get this man justice. [More…]
He should take the matter, follow it up and see that this young man gets justice [More…]
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 Australian Capital Territory Supreme Court; and (iii) incorporates machinery changes consequenton the existence of the Remuneration Tribunals Act 1973-74. [More…]
I realise that the High Court is the Court of Disputed Returns, but I do not think that an offence of this sort should warrant trial by a justice of the High Court, which would interrupt the appellate duties for which such judges should be reserved. [More…]
I present the full report of the Taxation Review Committee chaired by Mr Justice K. W. Asprey, dated 3 1 January 1975. [More…]
-I ask the Leader of the Government whether he recalls the statement made in the Senate on 12 May 1967 by the former Leader of the Government in the Senate, now Mr Justice Murphy. [More…]
It is quite true that the appointment of Mr Justice Woodward will take effect on 24 November. [More…]
In addition, His Honour Mr Justice Sweeney foreshadowed, in the interim report that has been tendered, that he would be looking further at several issues and would include comments and conclusions on those matters in his final report. [More…]
-As the honourable senator would know, Mr Justice Hope is reporting direct to the Prime Minister on this subject. [More…]
Mr Justice Woodward recommended in his Second Report that difficulties in negotiating terms and conditions of mining should ‘be resolved by conciliation and, if necessary, arbitration, sponsored by the Government’. [More…]
Is such a proposal contrary to the recommendations of Mr Justice Woodward that mining on Aboriginal lands should be with the complete agreement of the Aboriginal community concerned, unless it was in the national interest and approved by both Houses of the Parliament. [More…]
Will the Minister give an assurance that approval for the lease will not be forthcoming from the Australian Government until the recommendations of the inquiry being conducted by Mr Justice Fox are known. [More…]
I lay on the table a copy of the reasons for judgment of His Honour the Chief Justice of Australia refusing an application by Bruce Noel Hill relating to the election of senators from the State of Tasmania, held on 13 December 1975. [More…]
-I think that general concern is shown about a trial which may not be on all fours with the sort of justice we have in this country. [More…]
1 ) to (4) I have tabled in the Parliament an arrangement between the United States Department of Justice and the Attorney-General’s Department of the Commonwealth of Australia concerning procedures for mutual assistance in the administration of justice in connection with the Lockheed Aircraft Corporation matter. [More…]
The arrangement sets out the conditions upon which information received from or documents made available by the United States Department of Justice can be disclosed. [More…]
I am informed that the United States only makes information and documents available to another country with respect to the activities of Lockheed under an arrangement made between the United States Department of Justice and the law enforcement agency of the other country. [More…]
1 ) Will the Attorney-General confirm whether or not the Justice Department in Washington and Senator Church, in his role as Chairman of a United States Senate Committee, have decided that no names will be released to the public of any people involved in the allegations concerning what is called the Lockheed bribe business? [More…]
Will the Attorney-General confirm or deny that the Justice Department and the Senate Committee will divulge information only to the governments of the countries in which it is alleged the bribes have taken place? [More…]
Will the Attorney-General confirm or deny that the reason the Church Committee and the Justice Department have imposed these restrictions is to prevent the scandalous use of names by citizens in other countries including Australia? [More…]
This is a perversion of trade union justice. [More…]
The salary for the Chief Justice of the New South Wales Supreme Court is $50,660. [More…]
Indeed, it is rather significant that the new salary of the Chief Justice of the High Court of Australia at $52,500 is less than $2,000 more than the salary of the Chief Justice of New South Wales. [More…]
-If and when Mr Justice Fox brings down a report which prohibits mining in the area of the proposed Top End National Park, who will follow up Mr John Gorton’s proposal for that park? [More…]
Clause 5 (2) says that the Ombudsman is not authorised to investigate action taken by a Minister, action taken by a justice or judge of a court created by the Parliament, and so on. [More…]
One of the interesting things which appears as one casts one’s mind back to this legislation is that if the Labor Party was so interested in electoral justice why did it not go back totally to the criteria existing prior to 1965? [More…]
Yesterday leave was granted to the Minister for Social Security, Senator Guilfoyle, to have incorporated in Hansard a judgment handed down by Mr Justice Stephen. [More…]
-Is the Leader of the Government in the Senate aware of an investigation by the United States Justice Department into the allegations of interference in Australian politics by the Central Intelligence Agency? [More…]
The Minister for Environment, Housing and Community Development has provided the following answer to the honourable senator’s question: 1 have had correspondence with Mr Justice Fox on a number of issues. [More…]
I ask the Minister for Social Security: Does Mr Justice Stephen state in his judgment that the Director-General of Social Services should make his decision in the Karen Green case in the light of information she could have placed before him? [More…]
that a breach of the rules of natural justice occurred in connexion with the making of the decision; [More…]
This may give us some justice. [More…]
The vote was the result of a secret ballot ordered by Mr Justice Alley on 8 September. [More…]
For the information of honourable senators I present the 1977 Inquiry on Medical Fees for Medical Benefit Purposes by Mr Justice J. T. Ludeke. [More…]
The Opposition welcomes the tabling of the report by Mr Justice Ludeke on medical fees in this country. [More…]
This is the second or third such report determining fees for medical benefit purposes and the co-operation that was given Mr Justice Ludeke by the Australian Medical Association on this occasion I believe demonstrates that we have come a long way. [More…]
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…]
-On the afternoon of 27 October, if that was the day on which Senator Sir Magnus Cormack asked me the question, I spoke to His Honour the Chief Justice. [More…]
Following the AttorneyGeneral’s remarks in the Senate on 27 October that he would make sure that the Chief Justice is aware of the situation, I ask: Has he performed that undertaking and is he now in a position to say when the High Court judgment is likely to be handed down? [More…]
1199 concerning Fraser Island (Hansard, 6 September 1977, p. 619): (a) does the Minister’s reply conflict with the statement by the Chief Justice of Australia in the High Court on 25 November 1975 (pp. [More…]
106-109 of the official transcript), which implied that the terms of reference restricted the Fraser Island Environmental Inquiry to the environmental aspects of making a decision; and (b) did the Chief Justice also state that it would be an impertinence for the Commission to make any recommendation as to whether or not export permits should be granted or whether or not mining should proceed. [More…]
When the Chief Justice of Australia referred to an ‘impertinence’ he was responding to a submission made by senior counsel for the plaintiff sand-mining companies to the intent that the Commission might recommend that a particular ministerial decision was inappropriate. [More…]
The Chief Justice was not saying that the Commissioners were precluded from making recommendations, but rather that in their recommendations they should not characterise particular ministerial decisions as inappropriate. [More…]
Following Sir Charles Court’s agreement to the choice of Mr Justice Samuels as the person to undertake the inquiry some difficulty has been encountered in securing Mr Justice Samuels and it is now understood that he will not be available. [More…]
He should ask for leave to appear before Justice Mitchell. [More…]
As far as I am aware a report has not been received from Mr Justice Kirby. [More…]
The creation of the Appeal Tribunal advocated by Mr Justice Hope will not affect the Minister’s statutory responsibility to determine applications for Australian citizenship. [More…]
Does the Minister intend determining each case himself or is he awaiting the creation of the Appeal Tribunal advocated by Mr Justice Hope. [More…]
1 ) Will the Government when considering the Report of Mr Justice Hope on security legislation, also consider the report of Mr Acting Justice White, to the Premier of South Australia on the future relations between the South Australian Police Special Branch and the Australian Security Intelligence Organisation on security arrangements. [More…]
When may the Parliament expect an indication of the Government’s intention to act upon the recommendations of Mr Justice Hope. [More…]
Will ASIO discontinue the use of State Police for security information purposes, in view of Mr Justice Hope’s opinion, expressed in paragraph 1 8 of the Second Report of the Royal Commission on Security and Intelligence, that he was not attracted by submissions that the tasks of ASIO, or parts of the tasks, could be left to bodies such as police forces of the States, and his further statement that serious questions of civil liberties could arise if any ‘secret police’ organisations were instituted? [More…]
1 ) The Royal Commission on Intelligence and Security constituted by Mr Justice Hope thoroughly examined what should be the relations between ASIO and State Police Forces. [More…]
In making its decision on these matters, the Government took note of the Report of Mr Acting Justice White to the Premier of South Australia. [More…]
The Prime Minister announced on 23 February 1978 the appointment of Mr Justice Hope to undertake a review of the whole area of protective security in Australia and this will include discussions with State Governments on Commonwealth/State liaison arrangements. [More…]
-I intend making no comment on that until Mr Justice McGregor brings down his findings. [More…]
What are your Government’s plans to compensate fishermen who have outlayed finance to fish in Northern Territory waters in accordance with Northern Territory ordinances in view of your Minister Viner’s implementation of Justice Toohey “s recommendation of Aboriginal land extending to low water mark and that fishermen have no right to allow nets to dry between low and high water mark. [More…]
I am not aware of the speech made by Mr Justice Muirhead. [More…]
I will refer the specific question raised by Mr Justice Muirhead to the Chief Judge of the Family Court and discuss the matter with her. [More…]
In Europe Mr Justice Staples has conducted investigations in Ireland, England and Italy. [More…]
and (3) No further preliminary reports have been received from Mr Justice Staples. [More…]
It is a term of the arrangements made between the Government and Mr Justice Staples that, upon his return to Australia, he will complete his report. [More…]
1 ) What has been the European itinerary of Mr Justice Staples in his inquiry which, on 26 December 1976, the Attorney-General’s predecessor requested him to undertake into the practices, procedures and laws which other countries have adopted for the protection of basic human rights. [More…]
Has Mr Justice McGregor’s report, including findings as to the meaning of impropriety, been accepted by the Government in totality, in view of the Prime Minister’s statement on 8 August 1978, that: ‘We (that is, senior Ministers) were of the view that Mr Justice McGregor’s report had to be accepted. ‘ [More…]
Is this a fact and does the Minister agree that the basic rule of justice is to obtain evidence first and then make the necessary arrests later? [More…]
By way of a question recently we elicited from the Attorney-General information that the man appointed to head the royal commission, Mr Justice McGregor, was a man who could receive a benefit of many thousands of dollars. [More…]
They threaten confrontation over what they see as some form of injustice in the socalled penal provisions in legislation, which has been enacted by universally and freely elected governments. [More…]
Where is the justice for the three men to whom I have referred? [More…]
I know that it is used in Mr Justice Hope’s report. [More…]
Let me read the decision of Mr Justice Toohey which was handed down in Alice Springs at 2.30 p.m. [More…]
Following the recommendations of Mr Justice Hope, it has always been the policy of the Government that this should be the case. [More…]
Does the Minister not agree that if any persons who were guilty of these most monstrous crimes were to escape justice on the grounds of such a technical reason as the statute of limitations, this would be an affront to the conscience of civilised people? [More…]
1236, which indicates that justice has been done- at least half way. [More…]
Senator Walsh engaged in some political comment and denigration about the Chief Justice, Sir Garfield Barwick. [More…]
I suppose that is hardly worthy of comment when one compares the status of the shadow Minister for Primary Industry with the most elevated status of the Chief Justice. [More…]
I suppose if we were to speak of justice as having some political taint we would not need to go very far- [More…]
In the course of the second reading debate I indicated the Opposition’s concern that this appointment is floating not only in the sense that Mr Justice Fox seems to be floating around the world but also in the sense of the uncertainty in relation to the duration of the appointment and in relation to extensions which might be made to it. [More…]
If Mr Justice Fox has not succeeded by that time in achieving some of the Government’s stated intentions in relation to this matter then a full explanation should be given to the Parliament and an effort should be made either to amend this legislation again or to introduce new legislation to cover any further appointment. [More…]
However, I simply point out that the purpose of this legislation is not to authorise the appointment of Mr Justice Fox. [More…]
The original appointment of Mr Justice Fox, which I think was in October 1977, was contemplated for a period of 12 months or so. [More…]
Secondly, I ask the AttorneyGeneral on how many occasions Mr Justice Fox has had his appointment extended to this date. [More…]
-While the present Chief Justice sits on the– [More…]
Does the Minister not agree that if any persons who were guilty of these monstrous crimes were to escape justice on the grounds of such a technical reason as the statute of limitations, this would be an affront to the conscience of civilised people? [More…]
Nevertheless, on 2 January 1 979, the Embassy of the Federal Republic of Germany, was officially informed that Australia hoped some means could be found to ensure that former war criminals would not be permitted to escape justice simply because of a lapse of time. [More…]
I am always annoyed when I hear Government senators severely criticising trade unionists for going on strike to get some justice, as the very same senators who are so vocal and critical of the trade union movement were quite happy to go on strike in the Parliament and hold up a duly elected government, a government that had been elected twice within three years. [More…]
1 ) What are the current terms and conditions of employment of Mr Justice Fox as Ambassador-at-Large for Nuclear Non-Proliferation and Safeguard matters. [More…]
During the Whitlam government, Justice Mary Gaudron was appointed to the Australian Conciliation and Arbitration Commission and Chief Judge Elizabeth Evatt to the Family Court of Australia. [More…]
During the present government, Justice Kemeri Murray, Justice Margaret Lusink and Justice Josephine Maxwell have been appointed to the Family Court of Australia. [More…]
That is completely different from the statements that have been made by the former President of the Conciliation and Arbitration Commission, His Honour Mr Justice Kirby, who has gone on record as saying that in his opinion the Government was trying to tell the Commission how to conduct its business. [More…]
That statement of His Honour Mr Justice Kirby seems to be in line with the statement made by the Minister during the course of his second reading reply that with the exception of deregistration - [More…]
Mr Chairman, at the time you rose to your feet I was saying that in the opinion of His Honour Mr Justice Kirby by these provisions the Government was trying to tell the Commission how to conduct its business. [More…]
Mr Justice Kirby said that the legislation was setting out to destroy the independence of the Commission and that as far as he was concerned it was probably unconstitutional. [More…]
Did it do justice to the Government’s position or to the committees? [More…]
Although I have some information on that matter, I think that to do justice to the question asked by the honourable senator I should get a proper reply from the Minister for Transport. [More…]
Has the Commissioner of Taxation instituted any inquiries into the tax liabilities of any individual mentioned in evidence at the New South Wales Royal Commission into Drugs, chaired by Mr Justice Woodward, or mentioned in comments by Counsel assisting the Commissioner, Mr Fisher, Q.C. [More…]
I certainly acknowledge the quotation from Mr Justice Woodward ‘s report by Senator Cavanagh. [More…]
-Is the AttorneyGeneral aware of any reason why he, as Attorney-General, should not use those legal powers available to him so that those people who may have obtained Federal funds by fraud are brought to justice? [More…]
We take the same attitude in relation to the trade union movement as is taken on the point about justice for Rheem. [More…]
Will the Minister have an inquiry instituted and a report made to the Senate on the erosion of human rights which was observed by Mr Justice Fox of the Australian Capital Territory Supreme Court when he said that the appeal of Marrilyn Lee Sernach had brought to light a rather unhappy and unedifying situation in which an instruction to the Australian Capital Territory police force as to when fingerprints were to be taken was unlawful? [More…]
It so happens that I read the report which appeared in this morning’s ‘Canberra Times’ of the remarks of Mr Justice Fox in this matter. [More…]
1 have perused the report only once, and although I have it in my hand I could not pretend to do full justice to it in relation to all the scientific theories that it has examined, but it is not within my memory that that specific theory has been put forward as a hypothesis to explain the plague. [More…]
Mr Justice Dunphy. [More…]
Although we have heard reference to the report of the Committee headed by Mr Justice Nimmo, never once have we heard the Minister for Health (Dr Forbes) or the Prime Minister (Mr Gorton) mention the report of the Senate Select Committee. [More…]
The Government reluctantly was forced to accept most of the recommendations contained in the report presented by the Committee under the chairmanship of Mr Justice Nimmo. [More…]
Are public hearings one of the praiseworthy provisions of British justice? [More…]
If so, would a court held on Gove Peninsula be a closed court and contrary to the requirements of British justice? [More…]
I go all the way wilh the honourable senator in saying that the practice of holding court proceedings, especially court proceedings involving charges involving penalties, is a cherished fundamental of British justice to which there are some special exceptions. [More…]
I think they go a long way towards stopping a travesty of justice which may have occurred had such questions not been asked. [More…]
Senator Poyser has asked me to ensure that justice is done and the truth established. [More…]
Although I, as one interested in reform and in trying to restore some measure of justice to the Aboriginal people of this country, to give them opportunities to share in the affluence of our society, might differ to some extent with the methods that have been adopted by the Government, I would never go so far as to say that its intentions were not sincere. [More…]
The only remedy available to the business people in those seaside resorts w ho would stand to lose - the operators of hotels, motels, guest houses and flats, and the people who provide meals and those who run the other businesses which cater for the large number of people at those resorts - would be to sue individually the owner of the ship at the International Court of Justice at The Hague. [More…]
However, this is a step forward to assist in bringing justice to an area that is in great need. [More…]
The Committee consists of Mr Justice Eggleston, as Chairman, Mr J. M. Rodd, a Melbourne solicitor and Mr P. C. E. Cox, a Sydney accountant. [More…]
I don’t imagine I shall ever be able to do anything in this matter as a personal action against the directors of Poseidon would be very dangerous and costly - but I feel incensed that no one raises their voice against this apparent lack of justice and that such actions which I regard as blatantly criminal are permitted to continue - actions where directors can get away with dishonest statements to the detriment of their shareholders while they themselves are feathering their own nests to the tune of millions of dollars. [More…]
It had power to refer, in appropriate cases, transactions for examination by the Department of Justice. [More…]
In order to have the historical and developmental story of this matter before us, let us remind ourselves that in the Australian scene the Company Law Advisory Committee presided over by His Honour Mr Justice Eggleston, whose experience in this field is very special, issued a report in October 1968. [More…]
From this idea of Mr Justice Eggleston’s committee of a single companies commission the Standing Committee of AttorneysGeneral developed studies as to whether or not the American Securities and Exchange Commission had elements that should be adopted in the Australian scene. [More…]
The commission that Mr Justice Eggleston’s committee recommended had for its primary purpose something altogether different from the American Securities and Exchange Commission, namely, that in special cases in which companies were embarrassed by the comprehensive nature of the legislative provisions as to accounts and filling in forms the commission should exercise the function of granting exemptions to them from the statutory requirements. [More…]
1 have referred to Mr Justice Eggleston’s report of 1968, the activities of the committee of Attorneys-General, a statement of February this year, and the 2 securities trading bills, one in New South Wales and one in Victoria. [More…]
lt is a well known provision of the law that we should not attempt to poison the fountain of justice before it has begun to flow. [More…]
Any citizen accused of an offence is entitled to a trial before a court of justice. [More…]
We must not allow trial by politicians to follow trial by a court of justice. [More…]
Nor should we allow trial by politicians to precede trial by a court of justice. [More…]
I think Mr Justice Eggleston is the chairman and Mr Cox, who is a Sydney accountant, and Mr Rodd, who is a Melbourne solicitor, are members. [More…]
If the honourable senator were the judge J would not make the allegation because he would be so biased against the persons concerned that they would have no hope of achieving justice. [More…]
If he desires to question me in this way I am prepared to answer him, but certainly 1 am not prepared to answer the new back bencher who has shown no attitude of justice or humanity to any person in the lower or middle class income groups in the community. [More…]
If solicitors sent circulars to clients or to prospective clients informing them that they would not act for them unless the minimum costs to be received were 1,000, that would mean that the administration of justice would become a complete mockery. [More…]
Will the recent decision by Mr Justice Gallagher in relation to a sea-going content for the overall salary paid to officers and rulings in the Australian Merchant Marine be carried throughto the Royal Australian Navy. [More…]
If my objection was valid enough to justify an amendment and the amendment has not covered the objection and in fact has done nothing to meet the objection but has merely limited the occasions on which the principles of British justice may operate, then the Minister has failed. [More…]
We are all trying to reach a point at which there is a balance between justice to the persons charged and the necessity to ensure that there is no undue impediment to bringing them to trial. [More…]
It is inherent in the British system of justice that 9 guilty persons may go free rather than 1 innocent person be convicted. [More…]
The amendment is, therefore, confined to proceedings for offences under the Crimes (Aircraft) Act, and provides expressly that a magistrate or court shall not admit documents of the type we are discussing where it appears in all the circumstances it would be contrary to the interests of justice to do so. [More…]
I am confident that if the occasion arises for the application of this provision, a court will faithfully observe the traditional concepts of our system of justice and ensure that a trial or committal proceeding is conducted in a manner which is scrupulously fair. [More…]
In all the circumstances, therefore, it appears to me proper that such matters should be left to the determination of courts whose function it is, in our system of justice, to determine these issues. [More…]
In proceedings under the Crimes (Aircraft) Act 1963 the magistrate or court hearing die proceedings shall not admit in evidence a document referred to in the last preceding sub-section, or a part of such a document, unless it appears to the magistrate or court that, having regard to all the circumstances, it would be contrary to the interests of justice not to do so.’ [More…]
I equally shared the concern which both Senator Cavanagh and the Leader of the Opposition (Senator Murphy) expressed that it should not be mandatory upon the court to accept this evidence and to give it an undue weight; that justice would be denied in cases where an individual would be under hardship. [More…]
unless it appears to the magistrate or the court that having regard to all the circumstances it would be contrary to the interests of justice not to do so.’ [More…]
One could visualise that the only circumstances in which it would be contrary to the interests of justice not to do so would be where, by withholding the document, an individual was to be prejudiced. [More…]
I appreciate that when one looks at it in the sense in which Senator Byrne has mentioned that would be a fair rendering of the words, but I sense that when one comes to construe them in the way - as he would appreciate - in which courts are inclined to construe them what is contrary to the interests of justice is looked at, as properly it should be looked at, from the viewpoint of the individual. [More…]
I have the very strong feeling that the rendering of these words, if they ever should be called upon to be rendered by a court, would be that this document shall not be admissible unless having regard to all the circumstances it would be contrary to the interests of justice not to admit it. [More…]
unless it would be contrary to the interests of justice not to do so’. [More…]
As the provision stands now the court would be faced with the evidence and would have to say: ‘We will not admit this evidence unless you can show us that it would be against justice not to admit it’. [More…]
It may be contrary to the ordinarily accepted notions of justice. [More…]
The tribunal says: ‘I will not admit it unless it appears to me that it would be contrary to the interests of justice not to admit it’. [More…]
The prosecution perhaps could satisfy the tribunal that it would be unjust not to admit the evidence, that it would go against the interests of justice. [More…]
But we must not forget the question of community rights and that justice is justice to all, not only to an accused person but also to people who have been injured. [More…]
sub-clause in the particular circumstances would have regard for the overall serving of justice with due regard to that slightly greater attention which is so often given to an accused person in courts of criminal jurisdiction. [More…]
These people want some sort of justice. [More…]
At the moment they are not even getting rough justice. [More…]
1 think it is a travesty of justice. [More…]
1 believe that Senator McClelland, who knows the area concerned very well, would agree with me that if a levy of a few cents was imposed on every barrel of oil that came into or went out of Kurnell there would be a fund from which people with claims could receive economic justice. [More…]
We ought not to be pleading in the Senate for justice. [More…]
Justice has been denied to the people of South Australia - justice that was rightly theirs. [More…]
Who is to decide whether justice is being done? [More…]
He then went on to say: 1 dare to invoke this guarantee (that all foreign forces leave Vietnam) which must allow the Vietnamese people to take to themselves equitable means of achieving a lasting peace based on justice and brotherhood among mcn. [More…]
I do not think that we do ourselves justice, and I do not think that we do justice to our status or to the status of the Regulations and Ordinances Committee when we start pinpricking about a matter on the basis of having won a victory in a matter of judgment, then hammer the point home in this way, knowing that the Senate, in its wisdom, can pass the Bill as soon as it is received here by way of a message. [More…]
We must therefore have the resources to give justice to the primary producer and, if those resources are available, we should take whatever action is necessary to give justice to the primary producer. [More…]
As he has said, and as we know, the great British system of justice which he now represents and advocates before the judiciary was founded mostly upon the illegal actions of those who revolted against tyranny and oppression in the early stages of British history. [More…]
He uses words like ‘democracy’ and ‘justice’. [More…]
In a desire to ensure that not only is justice done but also that justice is seen to be done, will the Attorney-General see to it that charges arising out of the demonstrations relating to the Vietnam war and the National Service Act, controversial political questions, will not be heard by a magistrate with politicaparty membership? [More…]
Despite all the times that the matter has been raised and despite all the questions which have been asked of the Minister for Shipping and Transport, satisfaction has not been received from the Commonwealth and justice has not been obtained from the Commonwealth by the State of Tasmania. [More…]
I take it that, if somebody had attacked me when 1 was in front of this building today or if somebody had attacked somebody else, he would have been arrested by a policeman who knew the type of people he could arrest and the type of charges he could make, and then the policeman would put his evidence before a court of law and that court of law would mete out the justice that this and other parliaments have laid down. [More…]
There is an old legal maxim that justice not only should be done but also should appear to be done. [More…]
The tens of thousands of Aboriginals who belong to the underprivileged class in this country cry out for some kind of justice. [More…]
Therefore, 1 shall proceed to read the names and addresses of the several hundred people who, like members of the Australian Labor Party and most Australians, seek the justice to which they are entitled. [More…]
In 1969 he applied for a visa to re-enter the United States in order to give another series of lectures, but his visa was refused when objection was taken by the United States Justice Department. [More…]
1 think I should go on to say that the Justice Department was criticised by the State Department for the ban it applied. [More…]
The State Department dissociated itself from the refusal by the Justice Department to issue a visa to him. [More…]
The Justice Department was condemned by the New York ‘Times’ as well as by Professor J. K. Galbraith, who, I remind those honourable senators who are aware and tell those honourable senators who were not aware previously, was the United States Ambassador to India under President Kennedy. [More…]
I say again that the Government’s action, together with that of the DLP, denies justice to the small credit unions that are providing a service to the community. [More…]
Internat’l Court of Justice. [More…]
Justice Louis D. Brandeis; first General Counsel, National Labor Relations Board (1934); U.S. Labor Commissioner in Geneva (liaison with Internat’l Labor Organization); Member, National Defence Mediation Board; Asst. [More…]
1 think it is scandalous when people who are prepared to do the right thing and act as the Government says they should act and are prepared to resort to the arbitration system, have placed in their way every possible obstacle, legal and otherwise, and are prevented from getting justice and satisfaction. [More…]
After 3 years in which every conceivable legal excuse and delay was used to stop them from receiving justice, finally when they thought they were getting somewhere the death of one of the judges has now complicated the matter and they are faced with almost having to start all over again. [More…]
Like Communist Russia, America has committed atrocities in the cause of truth and justice, as she sees them. [More…]
However, the mere injection of this principle at this stage and at this level may not, in all justice to the farmer, remedy the situation very considerably. [More…]
In justice to him, I cannot now ask leave to read a question in full. [More…]
In my association with the Australian Council of Trade Unions and various trade unions I cannot remember an occasion when a union has threatened industrial trouble because it was dissatisfied with the salary being paid to Mr Justice Kirby or Mr Justice Dunphy. [More…]
as 1 said before, I believe that there is a point of justice. [More…]
Therefore, on behalf of the Opposition I move the request for this amendment in the hope that it will bring justice to a large number of families. [More…]
In view of these facts I oppose the amendment and urge the Committee not to be governed by emotional issues but rather to seek a solution to a complex problem which will give satisfaction and justice to all concerned. [More…]
I have been impressed by the strength and the justice of their case. [More…]
In short, the Labor movement believes in a fair economic return to all sections of the community, and that as a matter of common justice this amendment should be carried by the Committee. [More…]
I contend that if the Commonwealth has those powers it has power to ensure that the people on Moa or Banks Island receive the justice to which they are rightly entitled. [More…]
We think that in justice this ought to be cleared up. [More…]
Has the Minister seen recent reports of a statement by the Secretary-General of the United Nations advocating the establishment of a permanent United Nations police force to enforce orders of the International Court of Justice and generally to enable the United Nations to become more effective as a peace and law keeping body? [More…]
We say that because this is recognised by the Government under section 37 if the doctor, in connection with the disallowance of a claim, thinks that there has been a miscarriage of justice, this could quite easily be overcome by a right of appeal to a Supreme Court being vested in this case. [More…]
We believe that it is in the interests of justice that this amendment be carried and I have therefore moved it on behalf of the Opposition. [More…]
reference is made to a judge of the court, but 1 think that that expression would be construed to apply to the person who is exercising the function - a justice, judge or magistrate. [More…]
These statements by the Minister are strong reasons why perhaps, on a very rare occasion, a doctor might feel that a great injustice has been done to him and therefore he should have the right of appeal to a court of competent jurisdiction. [More…]
We believe it is an important matter of principle and an important matter of justice. [More…]
The section which is proposed by the Government says that if be grants the application he shall register the organisation accordingly and what one has therefore is an application accepted and a registration made, and an organisation is registered subject to such conditions as the Minister determines.I would have thought that that situation, even if it is called an administrative act, has with it all the elements which can work justice or injustice according to the way the Minister looks at it. [More…]
There is scope for discrimination; there is scope for injustice. [More…]
We believe that this is a matter of simple justice for an unemployed worker in receipt of unemployment or sickness benefits. [More…]
Where is the social justice in this Government’s policies when people at the bottom of the scale, like the transport workers, have to go on strike to get a few dollars more to meet additional commitments caused by inflationary factors outside their control such as increased interest on repayments of home loans and hire purchase? [More…]
This is a report by Mr Justice Eggleston who, with 2 assessors, Professor D. P. Derham, C.M.G., M.B.E., and Mr M. C. Timbs, was appointed in March 1970 to advise the Government on the levels of academic salaries that might now be used by the Australian Universities Commission for the purpose of recommending grants for the recurrent expenditure of the universities. [More…]
Mr Justice Eggleston submitted his report on 7th May 1970 and his main recommendations are that the salaries for professors should be increased from $ 1 2,000 per annum to $14,400 per annum, an increase of 20%, and salaries for readers and associate professors should be increased by a like percentage from $9,900 per annum to $11,880 per annum. [More…]
Mr Justice Eggleston also recommends that in future there should be automatic adjustments in academic salaries following national wage case decisions and states that the percentage increases recommended in the report are calculated on the assumption that automatic adjustments will be approved. [More…]
The recommendations are in keeping with recent changes in salary rates payable to other categories of workers with which it is appropriate to compare academic salaries in universities and the Government has decided that it will contribute its normal share of any increases approved by 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. [More…]
It is for each State 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…]
It does not do justice to the subject, and is inappropriate and inopportune in view of the business we have on the notice paper. [More…]
Will she request the Postmaster-General, on behalf of the postal clerks and telegraphists throughout Australia, to accept the principle of a 5-day working week, which has become accepted in so many industries and establishments throughout the nation, thereby doing something positive towards giving these employees justice? [More…]
Will the Minister draw the Postmaster-General’s attention to the fact that the policy of treating them as second class employees by denying them the rights and justices to which they are entitled will result in further discontent and disruption in post offices throughout the Commonwealth? [More…]
As I heard Senator McClelland’s speech 1 thought he did less than justice in referring to the degree to which the Government had accepted the Council’s general concept on this matter and, indeed, the interim report by the film committee of the Australian Council for the Arts. [More…]
Is that what it thinks is social justice, or ought it not direct its action into areas where it really thinks the economy ought to be dampened? [More…]
The attitude of the Senate to the amendments to the Commonwealth Serum Laboratories Bill which we discussed today and to other amendments is that one must always have access to law, if necessary, for the purpose of obtaining justice. [More…]
We should make a determination, not only by ourselves, as to the provision of resources and facilities: we should have the assistance of others who are expert in these matters when it comes to a general reconsideration of salaries and allowances, so that justice may be done to members of the Parliament and to the community. [More…]
There is just as much justice in their having an allowance as there is in heads of departments and Service chiefs receiving one. [More…]
What we ought to have is a consideration of these matters in justice and in fairness, lt is not right for the Government to just brush these matters away. [More…]
I wish to see some justice done. [More…]
The remarks that I have made about the need for faim ss and justice apply equally well to members in the other place. [More…]
I too commend the Government for having seen the justice of the proposed amendment. [More…]
I could not see the justice of discriminating against hospitals and paying them only 80 cents per patient per day as against the $2 per patient per day that was being paid to public hospitals in other parts of Australia. [More…]
No words of mine would do justice or pay proper tribute to those dedicated parents, teachers and church organisations and all the other people engaged in this work. [More…]
Anyone who comes under a law passed by the Parliament must be assured that he can receive justice, so that his rights under that law are equal to those of. [More…]
In view of a recent statement by the SecretaryGeneral of the United Nations, advocating the establishment of a permanent United Nations police force to enforce orders of the International Court of Justice and generally to enable the United Nations to become more effective as a peace keeping and law enforcing body does the Australian Government support the general principle of the establishment of such a police force and, if so, will Australia contribute personnel to such a force. [More…]
1 believe that the interests of appellants are met by the present arrangements under a system which requires the determining authorities namely the Repatriation Boards, the Repatriation Commission and the Entitlement and Assessment Appeal Tribunals to determine claims and appeals according io substantial justice and the merits of the case and not be bound by technicalities or legal forms’, lt may be of interest to the honourable senator lo know that ex-servicemeu’s organisations have not, in general, favoured legal representation before Tribunals. [More…]
The recommendation at page 189 will be an effective instrument for Victoria as it will be also for my own State of New South Wales, in obtaining economic justice with regard to its sewerage problem. [More…]
In this instance we believe that, despite the claim of the Minister that the expense and delay of an appeal is not warranted, a matter of principle and elementary justice is involved here and that any person is entitled to appeal against an arbitrary decision of a Minister when that Minister has a discretionary power vested in him. [More…]
Why in justice should not that provision remain in the Bill? [More…]
This seems to me to be a matter of sheer elementary justice. [More…]
I cannot understand how the Government can perceive that it is proper to deny a citizen the right of appeal to a court of justice when such a determination is made. [More…]
If the Government determines not to press this amendment I think this is a course which1 again is not consonant with justice. [More…]
What it is doing is extending justice to those persons upon whom the working of the scheme depends, that is, the medical practitioners. [More…]
The Australian Labor Party seeks to give the medical practitioner an opportunity to obtain justice in these circumstances. [More…]
I do not think we should let these things go through without giving the medical practitioner an opportunity to obtain justice. [More…]
We should all take the opportunity to obtain ‘ justice in our society. [More…]
If we are going to deny justice to the medical profession in circumstances which may be oppressive, then we are not carrying out the duties which we should carry out in this place; that is, the protection of the citizen’s rights. [More…]
I draw the attention of the Minister - I know this has been done previously - to the justice of this request and point out that dog powder and similar animal requisites are tax free. [More…]
Is the Minister fully conversant with the crisis that exists in the Canberra Community Hospital where unprecedented action has been taken by nurses to get home to a complacent community and a stubborn Government the message concerning their conditions of service and the recognition of their status and wage justice? [More…]
I believe that in justice such a provision should be included in the overall plan. [More…]
Has the Minister noted the massive advertising campaign being carried out by that Department against its employees who are seeking wage justice? [More…]
He was a member of the Industrial Workers of the World at the time and he served 4 years of the sentence imposed on him for arson, conspiracy to prevent justice and incitement to sedition. [More…]
I am sure they will mourn the passing of this notable fighter for social progress and justice. [More…]
He served approximately 4 years and was exonerated by a royal commission headed by Mr Justice Ewing. [More…]
Those who are responsible ultimately for the just disposition of the public moneys do not really know whether they are doing justice. [More…]
Here is an endeavour to get us the information which will enable us to do that justice. [More…]
The amount of dissatisfaction that exists in the armed forces and the number of resignations and retirements which occur - following which those concerned, who have perhaps been muzzled while they were members of the armed forces, give expression to their belief that the present system does not give justice- [More…]
In a judgment in the Adelaide Supreme Court on 24th December 1968, Mr Justice Hogarth awarded $44,717 in damages to a man whose leg was amputated above the knee as the result of injuries sustained in a car accident. [More…]
What we should see introduced is a new Bill along the lines of the type of legislation about which Senator Bishop spoke in which the need for justice for this section of the community is recognised. [More…]
Will they become the subject of private arbitration arrangements such as exist at the present time between the Authority and the unions - His Honour Mr Justice Taylor, the former President of the New South Wales Industrial Commission, has done an outstanding job in maintaining industrial peace and harmony on the Snowy Mountains project - or will the workers who are transferred from the Authority of the Snowy Mountains Council become the subject of Public Service arbitration determinations? [More…]
It is an interesting point to which Mr Justice Barton referred in Vardon’s case, to which T have already referred. [More…]
1 am concerned that justice should be done to all. [More…]
What sort of justice does the Government think can be achieved by setting these things up within the hands of the brokers? [More…]
The Government, in its wisdom, should do all in its power in framing the Budget to see that these youngsters get some justice. [More…]
We have asked that it be referred to one of the newly appointed standing committees so that a proper investigation, in appropriate circumstances, can be carried out to see whether justice can be granted in this field. [More…]
The promise to alter them so as to give justice has been made. [More…]
True it would need the approval of this Parliament but I do not think that a fair measure redressing the injustices of the past would find any difficulty in obtaining the approval of this Parliament. [More…]
I had thought that the Commonwealth was trying to write some measure of justice into the Schedule whereas it becomes perfectly obvious that it is quite prepared to collect the excise on cigarettes and beer, the sales tax that is paid upon school requisites and the turnover tax as well on behalf of the States. [More…]
But unfortunately in recent years he has found that it takes a very long time to get justice from the arbitration court. [More…]
What is it going to do with the other black coated workers who find that with all their pleadings and by going to arbitration they are not receiving what they believe is justice? [More…]
Senator Greenwood mentioned earlier tonight that the action adopted by the unions in taking direct action is not the proper approach for getting industrial wage justice. [More…]
Let me give 2 examples out of the hundreds that there are where trade union organisations would not have received justice without taking industrial action. [More…]
There is great acclamation in the chamber that justice has been granted on this occasion. [More…]
Why, in justice, should the fines and costs against that trade union continue to stand? [More…]
Normally a court would be described as a place of justice. [More…]
These so-called former Labor men have no desire to see justice granted to those people who have to earn their living with their muscles and their brains. [More…]
Legislation is introduced and then a change is made and we think that everything will be all right and how well off we will be; we think there will be peace and justice and there will not be any abuse of the provisions. [More…]
The bodies concerned with this legislation are principally public bodies - trade unions and organisations of employers - created, as was said by Mr Justice Isaacs in the Australian Shipbuilding Board case, for great public purposes. [More…]
Small groups of people are not able to get justice yet we talk about how advanced we are in the 1970s. [More…]
This injustice is a festering sore. [More…]
These are the things the Australian Labor Party has been complaining about - The inability of various sectors of industry to obtain justice. [More…]
The arbitration system awards can be obtained without any conflict, but over award payments are necessary if the workers are to get justice om of their contribution io industry and they find it necessary to take industrial action to achieve this justice. [More…]
When the workers seek to exert their rights and to obtain justice the penal clauses in the Conciliation and Arbitration Act are invoked by the employing class. [More…]
If it were lo be the practice and principle for some reason good and sufficient that the nominees of these gentlemen should be there, I can see no logical reason or no reasion in justice why the leader of the second nongovernment party should not be on the committee if that principle is adopted. [More…]
My interpretation is that this as a safeguard to ensure that some justice is done to the independent member. [More…]
For each of the years 1968 and 1969, what percentage of cases (a) before a single justice, and (b) in the Full Court, of the High Court of Australia, has originated in each of the Slates. [More…]
Chief Justice of the High Court; [More…]
The major part of that time was devoted to reading to the Senate extracts from statements made by the President of the Australian Council of Trade Unions, Mr Hawke, when he declared that the trade union movement would strongly resist efforts by employers to use arguments on the cost price squeeze to stop workers getting wage justice. [More…]
In typical fashion and according to conservative thinking the Minister seemed to adopt the attitude that when something goes wrong with one section of the community or some economic area the blame has to be cast on the Australian Council of Trade Unions or the working class generally because of their attempts to get wage justice from the Commonwealth Conciliation and Arbitration Commission. [More…]
He is the man who has to see that the workers get justice in their wages and conditions. [More…]
There were breaks in the sittings and other difficulties which confronted the Committee in its very intense desire to do justice and to give full and complete consideration to this matter. [More…]
The old case of Dignan, reported in 46 Commonwealth Law Reports, has, in the judgments at least of Mr Justice Dixon, as he then was before becoming Chief Justice of’ the High Court of Australia, and of Mr Justice Rich, passages that suggest that ceasing to have effect under the Acts Interpretation Act would have the same effect as formerly - I stress the word ‘formerly’ - the repeal of a statute would have had. [More…]
I ask him: Under what authority was Mr Justice Smithers appointed to conduct an inquiry into whether or not Brian Ross, at present in Sale gaol, holds conscientious objections? [More…]
1 cannot believe that any honourable senator in this chamber would think that, he could do justice to a study of that subject and the delivery of a responsible report upon it after less than 12 months consideration, when it is to be remembered that he must concert his activities with those of his fellow members of the committee and, following joint consideration in the time that is available to the 8 members of the committee, reach a responsible conclusion on such a pervading national subject. [More…]
Does the Government recognise the justice of Aboriginals’ claims for land rights, or does it still subscribe to the belief that they are essentially second class citizens? [More…]
Whatever the report of Mr Justice Smithers may be, will the Minister inform this imprisoned peace advocate that in the Government’s view he is misinformed and his best service to mankind would be to kill, to accept laws which force him to kill, and to support our wrong and cruel invasion of Vietnam and our equally wrong reasons for being there? [More…]
It does not matter who is in power; they will demand a little more economic justice. [More…]
If those whose policy is justice for the family man will support that policy with their votes there will be enough votes in the Senate to defeat these measures. [More…]
They are entitled to justice, but get none; they are entitled to security, but get none. [More…]
It promised to reduce income tax and to restore justice to the taxation scales. [More…]
In this community we have workers organised into trade unions which are trying to do their best to obtain justice for those workers. [More…]
Instead of doing that, it is much easier, because they are an easy chopping block, to turn around and attack the trade union leaders and to say that they are terrible men, when they are trying to obtain justice for their own members. [More…]
Honourable senators may have noticed recently that Mr Justice Nimmo, who did a very important job for the Government recently, said he was shocked and appalled because he had come to the opinion that there were 1 million people on the poverty line in Australia today. [More…]
Is the Leader of the Government in the Senate aware that at a ladies Liberal Party meeting this week Justice Roma Mitchell, Australia’s only female judge and a most distinguished feminist, warned that because of the continual increase in the cost of living all women in the very near future would have to .work to provide a second income? [More…]
Today the Government Whip presented a petition which fully expressed the terms of the resolution carried by the Young Liberal League in South Australia, that the Budget does not give satisfaction and fails to provide justice for Australian pensioners. [More…]
The ACTU places as much importance on this Budget us it does upon an application to an arbitration court which seeks wage justice or a fair share of the wealth which its members help to produce in Australia. [More…]
But as the Government has failed lamentably in this direction, the Conciliation and Arbitration Commission now finds it necessary in order to give wage justice to enter a field which should be a matter for government - that is, a consideration of the profitability of industry and the placing of some of the profitability of industry in the hands of those who create the profit. [More…]
The cry went out: Taxation justice for the middle and lower income earner.’ [More…]
I do not know what the final outcome was but I understand that the parties fronted up to Mr Justice Gallagher and it is possible that the insurance company was told to be a little more patient in the future. [More…]
Mr Justice Nimmo has stated that 250,000 low income families, representing 1 million Australians, are living below a miserably low poverty line. [More…]
There was a sense of justice in what they did. [More…]
[t is gratifying, at least to the people of South Australia, to know that even though they cannot get justice from the Commonwealth Government the Grants Commission has seen the justice of their cause. [More…]
If this country is to progress and if we are to have any kind of social justice, then this destructive Budget ought to be defeated in this place and in the other place also. [More…]
They were men and women who believed in social justice. [More…]
But, as I look closely at the Budget Papers presented by the present Treasurer, I see in them no evidence that this Government believes in social justice or that it is prepared to face up to the need for social reform in our society of the 1970s. [More…]
Mr Justice Nimmo, who was appointed by the Government to preside over an interdepartmental committee to inquire into voluntary health insurance in Australia, said a month or two ago that the evidence presented before him in that inquiry showed that at least 1 million Australians are living not only below the poverty line in Australia, but miserably below it. [More…]
On that basis, Mr Justice Nimmo said that about 1 million Australians are living miserably below the poverty line in this country: that is to say, about I. in 12 Australians, or about 8i per cent of the population. [More…]
In March, at the time the Minister for the Army on behalf of the Prime Minister rejected the request of the pensioners, His Honour Mr Justice Eggleston was appointed to inquire into the salaries of academics throughout Australia. [More…]
In that report Mr Justice Eggleston recommended that in order to keep pace with the cost of living that had taken place in the community, an increase of 20 per cent in salaries should be awarded to professors and a 17 per cent increase should be awarded to lecturers. [More…]
Is it any wonder that protests are mounting in every section of the community when the Government refuses to heed the plea for equity and social justice? [More…]
I have studied with interest the findings of Chief Justice Warren in the case Gregory v. The City of Chicago. [More…]
A committee was appointed and after 3 years it was shown that justice had been abused. [More…]
It might give some indication of the manner in which Mr Gregory conducts himself if I were to refer to part of the judgment of Mr Justice Hugo Black of the United States Supreme Court, which was delivered on 10th March 1969. lt refers to the episodes which took place in Chicago at that time. [More…]
Mr Justice Black said: [More…]
I know I cannot convince him because he has been so long in the cut and thrust of politics and has for so long determined his own policy that he is unconcerned about principles, rights and justice, believing that the only proper principles, rights and justice are those of Senator Turnbull. [More…]
Has Mr Justice Smithers held an inquiry at the instigation of the Department of Labour and National Service into whether Ross had a conscientious objection justifying non-compliance with the National Service Act which led to his gaoling? [More…]
Whereas the workers have the ability to wirthdraw their services and to demand some justice, the farmers are not in that situation although, by a very substantial protest march through the streets of Melbourne, they did endeavour to put their case. [More…]
According to Mr Justice Nimmo - he has been quoted before and he will be quoted again - I million Australians live in poverty. [More…]
There is no justice here. [More…]
Justice should have been applied in the granting of taxation relief. [More…]
Perhaps it is too much to expect of this Government that it should apply the ordinary rule of justice when it comes to providing for the needs of the ordinary people in the community. [More…]
I spoke a long while ago - I think 3 years ago - on my personal belief that the time had come for a study of direct and indirect rates and that there was some justice in following the more advanced countries of Europe and the United Kingdom in looking at the indirect tax scale because it provided an opportunity for the taxation burden to be shared more equitably. [More…]
I suggest that this is a matter of importance to the local community and deserving of a very close investigation in the shortest possible time so that some sort of justice is given to the local population, and so that departmental officers, members of Parlia ment and others will be able to go about their jobs with the speed and efficiency to which they should be entitled. [More…]
They are entitled to justice, but get none; they are entitled to security, but get none. [More…]
It is reasonable to assume from that statement that Senator Murphy was saying that, were we the Government, we would see that the pensioners- received more justice and more security. [More…]
Mr Justice Nimmo, in opening Salvation Army week last July, pointed out that during the health insurance inquiry of 1968 he had discovered that, apart from pensioners, 250,000 low income families, representing 1 million persons, were living below a miserably low poverty line. [More…]
Conditions today might cause some union leaders to believe that now is a very propitious time to engage in some alternative scheme, but if the day comes when full employment does not obtain they will seek refuge in the arbitration court where they can hope to receive reasonable justice. [More…]
Could inquiries be made into this matter and could necessary action be taken in order to ensure that justice is done? [More…]
As I hope the honourable senator will understand, any honourable senator in this chamber representing a Minister is most anxious to do justice to his colleague and to be accurate and fair. [More…]
Such a suggestion is completely unreal and a procedure of that kind would do scant justice to honourablesenators on either side of the chamber, lt is hoped that the establishment of the committee system will enable honourable senators, as committeemen, to seek information on points of detail, information which in the past has been sought during the Estimates debate by the Committee of the Whole. [More…]
I suppose that one of the most effective testimonials that could be directed to the Committee was given at a public meeting held at the Sydney Town Hall at 8 p.m. on 27 August under the chairmanship of Sir Garfield Barwick, Chief Justice of the High Court and Chairman of the Australian Conservation Foundation. [More…]
Did Mr Justice Smithers commence hear- ing the case of Brian Ross 3 days before the regulations were gazetted and came into operation? [More…]
If it is the fact - a fact which has escaped my scrutiny - that Mr Justice Smithers was invited to undertake an inquiry 3 days before the actual publication of the statutory rules, that would indicate to me only the eagerness of the Minister to have the earliest judicial determination which a judge could give, strictly in accordance with court process, on whether this man who was lingering in prison for some 11 months was considerd by the judge to be a conscientious objector. [More…]
It had therefore been arranged for Mr Justice Smithers, a judge of the Supreme Court of the Australian Capital Territory, to determine whether in fact the defendant held those beliefs. [More…]
Did Mr Justice Smithers make any finding in the case of Brian Ross as to whether a question had arisen, as defined by legal interpretation and as required under the amended regulations? [More…]
I explained that the inquiry by Mr Justice Smithers could not be made pursuant to the regulations because the person to whom the inquiry related had been convicted and imprisoned for some months. [More…]
Therefore, the point of whether a question had arisen as to whether the man is a conscientious objector was not relevant to the process pursued by Mr Justice Smithers. [More…]
Will the report of Mr Justice Smithers be made available to honourable senators? [More…]
in answer to the only part of the honourable senator’s question which I think it appropriate to answer at this stage I say that the report of His Honour Mr Justice Smithers was attached to the statement of the Minister that was made public in recent days. [More…]
I do not believe that the State parliaments should determine issues of this nature if there is no comparable wage justice or there are no comparable payments between one State and another. [More…]
The Opposition is not prepared to support the proposal of Senator Gair for the setting up of an independent tribunal because it would mean that the pensioners would be delayed in receiving the justice to which they are entitled. [More…]
The Chifley Government introduced the child endowment system in order to give some justice to those couples who had more than 2 children. [More…]
If the discretion is applied in such a way that a wealthy company is deprived of some entitlement, the company takes the matter to the High Court and sometimes as far as the Privy Council for a determination of the question in order to get justice under a particular Act. [More…]
Surveys made in Australia, underlined only recently by Mr Justice Nimmo estimate that 1 million people are living on the poverty line. [More…]
We believe that in the immediate term what the Returned Services League and the Totally and Permanently Disabled Soldiers Association have asked for is good enough to give rough justice; that is, to use the 1950 review. [More…]
If the Government did that on every occasion and restored the relativity of the pensions, at least it would be conferring progressive justice on the people who should receive it. [More…]
In view of the references that have been made to a learned professor and other liberal - with a small T - minded persons who have called for an investigation into the allegations against the police, and in justice to those gentlemen will the Minister take notice that they did not call merely for an inquiry in regard to the police, they called also for an inquiry simultaneously into the political influences behind the Moratorium which caused the trouble? [More…]
I ask: As the activities of the Moratorium last Friday have given rise to charges and counter charges and the South Australian Government is seeking to institute an impartial inquiry into activities in South Australia, will the Commonwealth assist the South Australian Royal Commission - the Royal Commissioner is a learned justice of the South Australian Supreme Court and he is assisted by an accepted Queen’s Counsel from Victoria - to examine all the evidence and come to a proper decision by making available to the Royal Commission officers of the Commonwealth Police Force and members of the Commonwealth Security Service who were in Adelaide at the time witnessing the demonstration, as well as films and photographs taken of the activities in Adelaide last Friday by members of the Security Service and Commonwealth Police Force? [More…]
That will not cost the country a fortune, but it will give justice to those people who most need it. [More…]
It is the case of a man who has been trying for many years to obtain justice at the hands of the Repatriation Commission. [More…]
Mr Justice ElseMitchell, when sentencing a soldier found guilty of manslaughter, that the Army was greatly to blame for the actions of the accused. [More…]
It is to the credit of the State Department of Labour and Industry that at least one woman obtained economic justice. [More…]
There is a general attempt to get industrial justice through a Minister whose responsibility it is to look after civil aviation in the total sense. [More…]
The Company is no less affected than any other company in the publishing field in Australia, and it would be grateful for any effort which you might feel disposed to make to ensure that the industry as a whole receives justice in this matter of postal charges. [More…]
This year in a workers compensation case of Shearer against the Commonwealth did Mr Justice Levine, the. [More…]
Did Mr Justice Levine express the opinion that the action of the Commissioner was like some trick of advocacy and was done to withdraw what otherwise appeared to be an admission pf liability favourable to the worker? [More…]
I might have a rough concept of justice. [More…]
I believe it is common justice that the users of the facilities should be obliged to keep the gap within reasonable bounds. [More…]
I do not believe that it is justice that the taxpayer should have to bear the full cost not only of providing the ever-increasingly sophisticated equipment and facilities thai are required but also of bearing the operating losses which will inevitably occur in the provision of these facilities and services. [More…]
I believe that there is justice in the argument that those who use these services and who benefit from them should at least in some small way pay for them [More…]
There is no social justice in this form of taxation. [More…]
It is of the opinion that anyone who believes in social justice ought to express their opposition to this legislation. [More…]
They are entitled to their own views, but they are not entitled to go out and tell the people or to use this chamber to say that they are the champions of the little people in this country and want justice for them. [More…]
Whatever the decision of Mr Justice Smithers may be, will the Minister inform this imprisoned peace advocate that in the Government’s view he is mis-informed and his best service to mankind would be to kill, to accept laws which force him to kill and to support our wrong and cruel invasion of Viet-Nam and our equally wrong reasons for it [More…]
The complete statement made by Mr Brian Ross is set out in the report of Mr Justice Smithers which was released on 21st September 1970 and a copy of which the honourable senator will have. [More…]
Brian Ross’ co-operation with the inquiry of Mr Justice Smithers is detailed in the Judge’s report. [More…]
Does the Government recognise the justice of Aboriginals’ claims for land rights or does it subscribe to the belief that they are essentially second class citizens. [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…]
Any person at any time can have a personal view or reflect mentally on the justice of a conviction, the amount of a fine or the wisdom of granting bail. [More…]
I believe income tax is the most preferable form of taxation because some attempt is made to achieve justice between those with plenty and those with very little. [More…]
Where is the economic justice that is supposed to exist in the fiscal measures of the Government? [More…]
According to Mr Justice Nimmo about 1 million Australians are living in misery below the poverty line and some of their economic burdens will have to be eased, somehow or other. [More…]
But because he is of Chinese descent, the white Australia policy and all the immigration bars that one could think of are applied to him.I respectfully request that each of these three cases be reviewed and justice granted to each of the three persons concerned. [More…]
Recently 1 was interested to read an observation made at the Sydney Luker Memorial Lecture of 1966 which was delivered by His Honour Mr Justice Else-Mitchell. [More…]
As the Parliament will adjourn this week for approximately 4 months, will she approach the Minister for Social Services in order to secure justice for pensioners, as this matter has the support of 80 per cent of the Australian people? [More…]
I am not contesting the justice of that principle, but a spinster could be working in a job side by side with a married man who has five or six children and they both receive the same income. [More…]
The only means that I can see of doing justice to him is under the heading of child endowment. [More…]
A government does the best it can within the limits of ils manoeuvrability - very often it is much more restricted than is imagined - and it does what it can to effect as much justice as it can. [More…]
Senator Devitt also said that the Government is moving towards freehold at a time when many people, including Mr Justice Else Mitchell, seek conversion of all Australian freehold to leasehold. [More…]
The answer of the Department and the Minister is: The new system is not inconsistent with Mr Justice Else Mitchell’s proposals. [More…]
At this stage we cannot see how the Senate can properly do justice to the matters which are before it and which are to come before it, especially the wool legislation. [More…]
I agree that it would be sensible to sit on for another half hour or so on the last night if we can finish, but we should not sit long hours, lt does not do justice to the health of honourable senators to sit long hours, it is not efficient to do so and we are not discharging our obligations to the public if we do so. [More…]
This committee consisted of Mr Justice Eggleston, who was the Chairman. [More…]
In the course of his judgment Chief Justice Barwick said: [More…]
They are so restrictive that in the opinion of the Chief Justice, whose views I have quoted, they would prevent the law being applied in other territories of the Commonwealth. [More…]
They have only people in public office who can speak on their behalf and the responsibility comes right back to the Minister and the Department to see that some sort of social justice is granted. [More…]
This situation was confirmed by inquiries made under the direction of Sir Garfield Barwick, who was then the AttorneyGeneral and is now Chief Justice of the High Court. [More…]
As honourable senators know, Sir Garfield Barwick went off to the High Court and became Chief Justice of Australia. [More…]
While workers are trying to get some industrial justice the Prime Minister (Mr Gorton), addressing a dinner at which the President of the Conciliation and Arbitration Commission was present, warned the Commission that the economy could not stand wage rises. [More…]
I, as an industrialist and a former trade union official, appreciate that there are times and circumstances in which labour may be forced to deny management its services in order to obtain justice. [More…]
Those spokesmen are denying that which the Federal Conference acknowledges and on that aspect acknowledges one must say, with justice. [More…]
I trust that this matter will be investigated again by the appropriate department and that, even after these years, this man will be given the justice to which he is entitled as a former member of the Services and to which he as an Australian is entitled to receive from an Australian government. [More…]
Is it not a fact that the greater part of the expenses of persons who are seeking justice in the courts is the cost of barristers and solicitors? [More…]
The same Board administers justice to ensure proper discipline and proper conduct within the profession whether one practices as a barrister, or a solicitor and whether or not one is a member of a firm and one member of the firm is actually practising as an advocate and the other member is practising as a solicitor. [More…]
I have had recourse to a book by the late Sir Arthur Dean, who was for many years a justice of the Supreme Court of Victoria. [More…]
I particularly respect Senator Greenwood’s comments and his references to the history of the Victorian bar made by the former Mr Justice Dean. [More…]
It has been argued - I think with some justice - that if a person does not wish to exercise the present rights he has under the National Service Act for classification as a conscientious objector, and if he is prepared to take the consequences which follow for a person who refuses to comply with the Act, he should be entitled to refuse to comply with the Act subject to his taking the consequences of that refusal. [More…]
At the request of the Minister Mr Justice Smithers held an inquiry into Ross at the Sale Gaol. [More…]
By ignoring the public trial, sitting privately in chambers and having a conversation with Brian Ross and his parents Mr Justice Smithers came to the belief that Ross had a conscientious objection. [More…]
The purpose of this Bill is to appropriate additional grants to meet 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…]
Those who say this should read the report of a royal commission which was conducted in New South Wales by Mr justice Cook. [More…]
A few years ago woo) growers were told by the inquiry into the industry, chaired by Mr Justice Cook in New South Wales that those who were selling wool at auction were, to use a phrase of the man in the street, putting it over the wool grower. [More…]
Therefore 1 think that not only in justice to the Australian Wool Commission but also in justice and fairness to the Minister the word ‘Commission’ should be deleted and the word Minister’ inserted. [More…]
Mr Justice Nimmo, who headed the Government Committee of Inquiry into Health Insurance, came to the conclusion - I think everyone will recall his statement, which was widely publicised - that 1 million Australians were living below a miserably low poverty line. [More…]
If the Fund continues to deny this opportunity, especially when there is a surplus, then I say that it is denying justice to the public servants and denying a service which all insurance companies supply to their clients. [More…]
I cannot see any justice in any of these areas: Firstly, the non-disclosure of investments; secondly, the non-availability of loans for home building purposes, and thirdly, the discrimination against dependants. [More…]
As honourable senators know, it will be headed by Mr Justice Kerr, who is a judge of the Supreme Court of the A.C.T. [More…]
This committee will be chaired by Mr Justice Kerr. [More…]
For example, Mr Justice Nimmo conducted an inquiry into the existing health services; Mr Justice Sweeney conducted an inquiry into salaries paid in colleges of advanced education; Mr Justice Eggleston for many years has been connected with the Company Law Review Committee and, as 1 understand it, has not been occupied at all with Industrial Court activities. [More…]
But I do not have the information which would adequately do justice to a statement of either case and thereforeI do not propose to discuss them. [More…]
I would like to go back to May this year and by way of explanation refer to an article headed ‘Black Justice’ written by Mr James Hall in the ‘Bulletin’ on 26th September 1970. [More…]
It seems to me that the Government has forgotten that in introducing a Public Order Bill it is necessary to consider the justice involved. [More…]
For the life of me I cannot see how an Act which enables police to apprehend without real cause - as appears to be so in New Guinea - has any justice in it. [More…]
It has failed to impress me as an Act with any justice in it when it is possible for Administration officers in New Guinea to expel or exile a man from a town or prevent a man from entering a town. [More…]
I cannot for the life of me see any justice in this. [More…]
I cannot see the justice in Administration officers in New Guinea having power to disband political meetings and declare them illegal without reference to the normal procedures of law as they exist on the mainland. [More…]
I cannot see any justice in this operation. [More…]
to point out in good faith errors or defects - (i) in the government of or the laws in force in the Territory; or (ii) in the administration of justice, with a view to the reform of those errors or defects; [More…]
We of the Opposition are of the opinion that a territory which comes under the supervision of this country should produce some sort of reasonable enactment to achieve the end which the Administration is supposed to be achieving, which is, I would imagine, law and order and justice. [More…]
The justice part has been forgotten, as I have indicated previously. [More…]
to point out in good faith errors or defects (i) in the government of or the laws in force in the Territory; or (ii) in the administration of justice with a view to the reform of those errors or defects; [More…]
What the Opposition is in effect saying is that it has no confidence in the magistracy or in the Supreme Court, which are the independent arms of the judiciary emanating from this country as an appropriate place for British justice. [More…]
The report of Mr Justice Smithers, which included details as lo the examination which was conducted into Mr Brian Ross’ beliefs was issued with that same statement. [More…]
On being imprisoned for failure to obey a notice calling him up for service with the military forces, Mr Ross had no further liability for national service.In view of the report of Mr Justice Smithers the remainder ofthesentence imposed by the court was remitted and he was released. [More…]
Colin Tatz, in his article ‘Queensland Aborigines, Natural Justice and the Rule of Law’ (Australian Quarterly, Sept. 1963) quotes many documented cases of breaches of similar regulations in the act then in force. [More…]
Detention in a dormitory can be enforced by the Manager, Aboriginal Court or Visiting Justice (R.70). [More…]
The procedure is similar except that the first court of appeal is the District Officer, and the second, the Visiting Justice. [More…]
A great many people throughout the world and a large number of similar bodies in Australia, particularly those connected with the World Council of Churches and the Catholic Eucumenical Commission on Peace and Justice, believe that one of the principal methods of improving the living standards of people is through trade. [More…]
This Bill provides for additional payments to the States in order to provide for increased salaries for academic staff at universities as a result of the recommendations made by Mr Justice Eggleston. [More…]
The Australian Labor Party believes that Mr Justice Eggleston’s reports obviously would he soundly based, well considered and wise. [More…]
The Government which has never been noted in the past for being unduly generous, clearly must also have been compelled by Mr Justice Eggleston’s arguments, otherwise it would not have introduced this Bill. [More…]
As I inferred there was a grudging assent to the levels of remuneration that Mr Justice Eggleston recommended and we approved for the university community of this country: a professor, $14,400; an associate professor, $11,880; a senior lecturer, maximum $10,500; and a lecturer, maximum $8,760, minimum $6,318. [More…]
A man who puts a long period of his life into an apprenticeship qualifying himself to teach as a lecturer in a university will receive a salary, as recommended by Mr Justice Eggleston - this Bill is a recognition and the Commonwealth supports that recommendation - of $6,318 per year. [More…]
Not one senator on this side of the chamber opposed the remuneration that Mr Justice Eggleston laid down. [More…]
Is a massive advertising campaign being carried out by the Postmaster-General’s Department against its employees, who are seeking wage justice; if so, are the expensive advertisements being financed by the Postmaster-General or is the cost being met by the use of taxpayers funds. [More…]
In view of information given to Commonwealth authorities by Yugoslav Embassy officials indicating the source of certain Ustashi movements in Australia, what intensification of Victorian and Commonwealth Police activity can we expect to bring these terrorists to justice. [More…]
That statement could be interpreted to mean also that the Government is content to allow the pensioners to live in their stale of penury because the economy might be disturbed by a dispensation of justice to the aged, the invalid and the widowed. [More…]
In 1969 we had before this chamber the Judiciary Bill by which the salary of the Chief Justice of the High Court of Australia was increased from 24.000 - a real bread-line salary - to $30,000. [More…]
At that time the salary of a justice of the High Court was increased from $21,000 to $27,000 and. [More…]
in addition, each justice was given a nontaxable allowance of $1,500. [More…]
We have heard much in this chamber of Mr Justice Nimmo. [More…]
There is no justification lor denying justice to these people who have already paid for their right to an adequate pension, lt is noi charity, as seems to be implied. [More…]
Australia should give firm and unwavering support to the United Nations and its Agencies, and to the United Nations Charter, and every effort should be made to make the United Nations an effective instrument for justice, peace, political, social and economic advancement. [More…]
The Public Service Association has fought a continuing running battle with the Government to get basic justice, both for indigenous officers - and for expatriates. [More…]
Senator Sir MAGNUS CORMACKThere are some elements of justice in Indonesia but none in Zanzibar andSouthern Sudan and thereis very little in Ruanda, there is apparently very little in Uganda at the present moment and there is not much in Somaliland.I could go through the melancholy catalogue of deco lonised African nations- [More…]
Honourable senators 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…]
He gave me a similar answer in a previous case in which he probably was right, but this case is different, ff he would only emulate the practice of the British Minister and set up an immigration appeal tribunal there would not be the miscarriages of justice that have occurred in the past. [More…]
To give a short answer at question time would not do justice to the magnitude of the question. [More…]
Will consideration be given in the event of further increases in membership fees of hospital funds to ensure that members who have made no claims will not be denied economic justice as occurred when the Hospital Contribution Fund recently increased its premiums. [More…]
In any case, if we avoid repetition of arguments, I think we can do justice to the subject in the time at our disposal. [More…]
The Government should .lower the interest rate and give back a bit- of justice to the people it robbed 6 months ago when it increased the interest rate. [More…]
Appropriately for a document that proved too hot for the OECD to handle in its original form, the report contained a dire prediction of the social and political consequences of continued inflation: ‘Because resentment against inflation is incoherent and diffused through the community, it provides favourable terrain for extremists at both ends of the political spectrum, lt gives ammunition to those who favour more authoritarian forms of government relying on extensive wage, price, and production controls, and to those who hark back to earlier times before governments had accepted their present responsibilities for growth, high employment, and social justice.’ [More…]
I refer particularly to the words of Mr Latham who subsequently became a very distinguished Chief Justice of the High Court for about 17 years. [More…]
Therefore I ask: What was the result of this examination which was presented as the reason for terminating, at that time my advocacy of justice? [More…]
Firstly, in my view, retrospectivity, except in special circumstances, is repugnant to the concept of natural justice. [More…]
This monstrous system of dealing with human beings must end, but 1,000 more children on Queensland reserves will die in similar circumstances to those which surrounded the death of Inez while the Queensland Department pontificates and denies human justice. [More…]
The recent exposition of immorality and drinking on Palm Island is probably true, but is it not more important that we ensure the chance of life for babies on this reserve, and every other reserve in Queensland, and justice for the adults who, by bureaucratic processes, are refused permission even to visit wives, families and other relatives, sometimes for a period of years? [More…]
A great chief justice of India who was in Australia some years ago at a law conference said: ‘Sometimes you need procedural methods in the law under which some individuals will suffer, but these persons are almost sacrifices for the efficient conduct of the law.’ [More…]
Tt is a flagrant breach of justice that a magistrate is justified in imposing the maximum penalty upon an individual because a person lays a complaint, whether or not he is an officer of the department, and states that to his knowledge this person has not held a licence to operate the radio he has in his residence for the last 5 years. [More…]
For such people to be convicted and restricted in their right of appeal certainly does not accord with my sense of justice. [More…]
In substance, we are dealing with the case of a person convicted contrary to natural justice. [More…]
Are we going to put time limits on natural justice? [More…]
He could go along to a court and it would decide whether all the conditions- were satisfied - that he was convicted in his absence, that he did not receive the summons and in effect was deprived of natural justice. [More…]
A person may claim that he has been denied natural justice and he ought to have an opportunity to rectify the injustice. [More…]
Do not put a time limit and say that after 2 years they cannot have natural justice unless they make a special application to a court to hear their claims that the conviction ought to be set aside. [More…]
On the point of natural justice, as I understand the proposed amendment a defendant has an absolute right lo have the conviction set aside if within 2 years he satisfies the conditions set out in sub-section 4 of proposed section 132a. [More…]
There is a legal axiom that not only must justice be done but that justice must appear to be done. [More…]
This is a very wide ambit of people who have not been in the practice of indulging in industrial stoppages to get economic justice in their professions. [More…]
I think it was Chief Justice Dixon who said that there is a difference between having to obtain the approval of someone before something is done and being able to do it and it being set aside if it is not approved. [More…]
Australia under Mr Justice Reed of the South Australian Supreme Court, he established the conditions under which Australia could, and in fact did, become a party to this secret agreement. [More…]
Will he also see that whoever was responsible is brought to justice speedily? [More…]
agree that every effort should be taken to bring the person responsible to justice. [More…]
In 1965 Mr Justice Manning, who chaired a committee which inquired into the act. [More…]
From the report of Mr Justice Manning and from the developments that have taken place, it is obvious that the Act should be amended because most business operations of banks are conducted by cheque now. [More…]
We think that it would have been desirable for the Bill to have been held over a little longer and for a comprehensive change of the Act, based on Mr Justice Manning’s report, to have been made. [More…]
I understand that there is an abortive effort generally by the law to bring to justice an individual who issues a worthless cheque - one which at the moment of issue was not in fact backed by any credit whatsoever - because provided the payer cun assert that he expected funds to be available upon presentation of the cheque he can avoid the consequences of legal restraint. [More…]
In those circumstances, as we have expanded the Australian sugar industry following the report some years ago of a committee chaired by Mr Justice Gibbs and as a lot of capital has flowed into the sugar industry, it is most important that by one means or another we retain and expand the present level of production and that we retain the present level of commitment to the industry in personnel, in capital and in other ways. [More…]
Is it correct that it is within the capacity of the Government to introduce legislation to give some partial justice at least to the pensioners in the community? [More…]
I agree with the Minister that it is impossible for any honourable senator to do justice to 7 committees meeting between sittings of the Parliament. [More…]
It could do an injustice to some committee members; it could unduly enhance the prestige of others. [More…]
1 do not know whether we arc doing justice to the standing committees in the initial stages by referring to them questions in relation to which we do not think we would bt- successful in obtaining the appointment of a select committee. [More…]
The gist of my complaint was that if an Australian employer is able to get a substantial increase in his contract price I think it is the bounden duty of the Australian Government to lean upon him to see that the employee who has been exploited receives wage justice. [More…]
What has been done to correct a miscarriage of justice in at least one of the two instances quoted? [More…]
In view of the importance of the Nambucca River and the danger of siltation affecting other rivers if it is not included in the scheme, I hope that the Minister for Civil Aviation (Senator Cotton), who represents the Minister for National Development (Mr Swartz) in this chamber, will appreciate the need, sense and justice of this request and will include this river in the proposal. [More…]
We do not know the extent to which the figures reflect changing practices in the administration of justice. [More…]
Mr Justice Joske has criticised the state of the law in the Territory. [More…]
Mr Justice Fox, the resident judge, also has been critical. [More…]
Mr Justice Gibbs who served on the Supreme Court Bench of the ACT has moved to the High Court. [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 debated. [More…]
Is there any justice in a system that imposes penalties of that nature for failure to comply with the provisions of an Act? [More…]
Where is the justice? [More…]
If honourable senators on the Government side claim that that is justice F suggest that they should put the word ‘justice’ in inverted commas. [More…]
We believe that this is an obnoxious subclause which strikes right at the fundamentals of justice. [More…]
From the above observations, wc solemnly declare that: We strongly oppose the action of sending troops to Laos by the government of Nguyen Van Thieu because it contrasts with the aspirations of the Vietnamese people and with the human ideals of peace, liberty and justice. [More…]
In addition, honourable senators will recall that the Prime Minister (Mr McMahon) has indicated that the increase in pension rates proposed 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 it any wonder that everyone is appalled that pensioners are denied proper justice and are called upon to surfer financially because of Government mismanagement, overspending and inflation? [More…]
J thought that that was a most opportune time for the Government to correct the very grave injustice that it had perpetrated in the Budget by giving only a 50c increase in pensions. [More…]
1 do not propose to debate the subject of social services at any great length because, as I have said, 1 moved an urgency motion on .1 6 th February in regard to this matter and took the opportunity then, in the limited time at my disposal, to enumerate the reasons why the Government had an obligation in the name of justice to grant a substantial increase in social service benefits. [More…]
As 1 have said, I cannot understand why that injustice is perpetuated. [More…]
We trust that the Government will make a thorough investigation of this matter with a view to meting out justice to a section of our people who arc urgently in need of assistance. [More…]
The provision of social service benefits which will promote the well-being of the nation by means of economic justice and maximum social participation of all citizens. [More…]
Our policy, which has been advocated over a fairly lengthly period, is that there should be a minimum $5 increase in order to bring about some sort of social justice. [More…]
The Government should have given them some kind of justice. [More…]
he said that any increases given in the Budget would, in justice to pensioners, need to be quite substantial’. [More…]
The Minister for Justice - I think he is still the Minister for Justice: I have not heard the latest report from Queensland tonight - wrote to the Minister for Social Services on 10th July,’ 1968. [More…]
The Minister for Justice finishes his letter with this beautiful phrase: [More…]
I take support for this from the speech made by the Prime Minister, in which he said that ‘any increases given in the Budget would, in justice to pensioners, need to be quite substantial’. [More…]
I charge him with the responsibility to take back to his Party room the desire of the Senate that justice be given to pensioners. [More…]
Despite the criticism by governments of the present Conciliation and Arbitration Commission, it is fair to say that the Commission has discharged its task in accordance with the Act and, to a large extent, in accordance with justice and the propositions advanced by the union movement. [More…]
Those of us who are interested in this matter know that in many cases many ex-servicemen fail to obtain justice from tribunals because of these very circumstances. [More…]
Undoubtedly one of the problems of any Liberal government - in fact, of any government which desires to maintain the virtues of thrift, saving and individual responsibility - is to weld those concepts and virtues into a scheme which gives social justice. [More…]
It is not social justice that the brunt of inflation should bear upon people on fixed incomes and on people who are not able to take the protective action which others can take. [More…]
1 suppose, as the amendment refers to a committee of experts on social services, the honourable senator would exclude judges, although he possibly might include Mr Justice Nimmo. [More…]
We will not compromise between justice and injustice. [More…]
I believe that the 3 years proposed, perhaps, is far too short to do justice to the growers. [More…]
Although he did not seek exemption from the Act as a conscientious objector, the Government sent Mr Justice Smithers to Sale to ascertain whether Ross had a conscientious objection to military service so that the Government could release him, stop the protests that were being held in Melbourne and so provide the Minister with some excuse for releasing him from gaol. [More…]
Therefore Mr Justice Smithers, with all his sincerity, could do nothing about the matter. [More…]
Nevertheless Mr Justice Smithers found that, in his opinion, Brian Ross did have a conscientious objection. [More…]
I want now to say a word or two about the prisoners of conscience, the people whose sense of justice and rectitude is so strong that they are prepared to have themselves immured behind prison walls rather than fight in mi Australian uniform. [More…]
I remind him that late last week Mr Justice Franki made an order for the insertion in the relevant award of a no strike clause. [More…]
Will the : Minister for Health give an” assurance that before the Government accepts the increases -in fees for certain medical services as proposed by the Australian Medical Association a full statement will be made to the Parliament so Parliament can assess the justice of the AMA claims? [More…]
1 think Senator Sir Magnus Cormack, in his attitude of justice, would acknowledge that there was no deliberate attempt to misinform on Senator Keeffe’s part and in fact no misinformation at all was given to the Senate. [More…]
It is a first duty of government to protect the citizen against violence, intimidation and crime, but law and order must be linked with moderation, liberty and justice. [More…]
What has the Government done in respect of the National Service Act to establish the correct procedure in future cases of this kind and what has been done to correct a miscarriage of justice in at least one of two instances in Victoria and Western Australia. [More…]
A very famous Australian, Mr Justice ElseMitchell, has taken a great interest in this general question of land tenure, the leasehold system and so on in the Australian Capital Territory. [More…]
Mr Justice Else-Mitchell has given a great deal of study and thought to this question. [More…]
It has been suggested that it is an example that should be followed by the rest of Australia, a step which might very well be taken in the future, consistent with recommendations by Mr Justice Else-Mitchell. [More…]
It was decided that these injustices could be avoided only by having a complete look at the present structure of the leasehold system in Canberra. [More…]
system could not stand up to the hard movement of prices in the modern economy, and what was intended to be a matter of distributive justice to land holders in this community was going to become an intolerable burden of injustice. [More…]
Most members of Parliament are probably unaware of, but should be informed of, the fact that despite the comments made by His Honour Sir Garfield Barwick, Chief Justice of The High Court of Australia, in the case, Esmonds Motors Pty Limited v the Commonwealth of Australia & Another, in the recent legislation no provision has been made to set up the independent valuing authority considered by His Honour to be desirable. [More…]
Mr Justice Black of the United States Supreme Court referred to the language of that City of Chicago ordinance in his judgment. [More…]
Mr Justice Black said that it is . [More…]
An eminent judge of the Supreme- Court of New South Wales, Mr Justice Hope, has put this matter in its true light. [More…]
Mr Justice Hope also referred to numerous statutory provisions and regulations which fetter or restrict the right in a ‘ variety of ways. [More…]
to point out in good faith errors or defects in the Government or Constitution of tha United Kingdom or of any of the King’s Dominions or of the Commonwealth as by law established, or in legislation, or in tha administration of justice, with a view to the reformation of such errors or defects; [More…]
His Honor, Mr Justice Hope, who I quoted previously, suggested, for example, that there should be a positive right to distribute leaflets and a positive right of public assembly, with the onus placed on the police to . [More…]
The quickest way to lose freedom is to bring the law into disrepute, to cast aspersions on the administration of justice and to hinder the law. [More…]
It is a first duty of government to protect the citizen against violence, intimidation and crime, but law and order must be linked with moderation, liberty and justice. [More…]
Apparently there is a fear of what will be contained ‘in the report to Parliament by the ‘ commissioner, Mr Justice Bright, so this legislation is being rushed ‘ through the Senate tonight before the report ‘ of the ‘ commission becomes available. [More…]
Surely justice would prevail in the argument if the company which submits the drug for evaluation had the right to know why it was knocked back. [More…]
This shows that there is no rationale in the Department’s thinking and no justice in its actions. [More…]
When he appeared before the Commonwealth Conciliation and Arbitration Commission all that Mr Justice Franki could say to the members of the Guild was that they should work under normal conditions. [More…]
I never get tired of expressing my admiration of the British system of justice compared to our own. [More…]
Another aspect of the matter is this: In this new generation we have militant mothers who want justice - not merely on Vietnam - because they feel that there has been a bungling by State authorities on whether enough traffic lights have been provided, for example. [More…]
I say that more power should be given to them to demonstrate because, whether the Government likes it or not, they appear to get justice that they would not otherwise have obtained. [More…]
I refer also to a statement made by Chief Justice Earl Warren of the United States Supreme Court. [More…]
World Law Day asks all mankind to praise and consider the value of human rights under the protection of law - justice - to human kind. [More…]
Human Rights, which I define as justice for all individuals under just laws, are today the most sought for ideal for all peoples everywhere. [More…]
Referring to the law reform concept, I turn to the remarks of the Chief Justice of Australia, Sir Garfield Barwick, made in an address to law graduates at the graduation ceremony at Melbourne’s Monash University in May 1969. [More…]
That is not altogether a fanciful consideration because I think people generally would accept the view that there was a probable miscarriage of justice in the Timothy Evans case. [More…]
This is why I think that probably in the worst of crimes there is a greater danger of a miscarriage of justice than in crimes which are not so dreadful and which can be approached dispassionately. [More…]
She did not spare herself for one moment and, as a result of the deliberations in which we took part, I came to have the highest personal regard for her and her desire to see the health standards of the Australian community improved.I said in June 1970, which is the last occasion on which this matter was debated before the Senate, that the report - the document which is now known as the senate Select Committee report on Health and Hospital Costs - should be referred to as the Wedgwood report in order to do justice to the work thatthat senator has done. [More…]
In relation to this matter I would urge the Minister, having regard to the attitude that not only must justice be done but justice must also appear to be done, to have a look at the composition of these Boards. [More…]
What we must be concerned to ensure is that liberty does not degenerate into licence and that the needs of public order, the preservation of the rights of others and the fair and efficient administration of justice shall, from time to time, permit actions to be taken which change laws that have their sole justication in their antiquity. [More…]
I noted that Senator Wheeldon referred to the decision of Mr Justice Black in the case of Gregory v. The City of Chicago. [More…]
to a greater part of what Mr Justice Black said because [ have seldom heard expressed words which more aptly convey what I feel is the thinking of Australians and which is embodied in this Bill than what Mr Justice Black said. [More…]
That is what Mr Justice Black said, whom Senator Wheeldon called in aid for his own purposes by extracting one small section of his speech and leaving aside the pith of what a very great man said. [More…]
The sentiments of Mr Justice Black are the sentiments of all thinking Australians because what he said reflects the aspirations of those who want to live in peace and yet give to their neighbours the right to do as they please, seeking only that they be left in peace from the excesses of their neighbours’ engagements. [More…]
We have an independent judiciary and a system of justice which I believe can stand up to scrutiny from anybody anywhere in the world. [More…]
I think justice will be done. [More…]
I ask: Will the Minister ensure that the reasonable claims of the Association of Civilian Widows are placed before the Minister for Social Services and Cabinet before the next Budget is decided so that justice can be given to civilian widow pensioners and their children? [More…]
In doing this I would like to refer again to the judgment of His Honour Mr Justice Black in the case of Gregory v. the City of Chicago which was heard in the Supreme Court of the United States. [More…]
In his reply to the second reading debate yesterday Senator Greenwood claimed that I had quoted some of Mr Justice Black’s observations out of context and had in fact given a false picture of the position that Mr Justice Black took on the matter of unlawful assembly. [More…]
He then proceeded to quote some of the dicta of Mr Justice Black to the effect that one could not allow assemblies to be of such a type whereby people were not able to carry on their normal business and whereby churches were invaded by hordes of people wanting to have meetings while the church services were in progress and so on. [More…]
I would submit that in fact if one merely looks at this aspect of Mr Justice Black’s judgment in isolation this is taking his words out of context. [More…]
Having established the principle that freedom of assembly is guaranteed under the law of the United States, the law then must look at what restrictions must be imposed upon freedom of assembly so that the undesirable consequences, such as those which were referred to in the part of Mr Justice Black’s judgment which were quoted by the Minister could not take place. [More…]
During the course of his judgment Mr Justice Black and other members of the Supreme Court of the United States, but in particular Mr Justice Black, used the phrase ‘meat axe ordinance’. [More…]
As the Minister was at pains to claim that in some way I had misrepresented the judgment of Mr Justice Black, I would ask him whether he does not agree as a lawyer - not as a member of the Liberal Party or as a Minister - that if Mr Justice Black, whom he quoted with some reverence last night, was correct in finding that the ordinance of the City of Chicago relating to unlawful assemblies was a meat-axe ordinance, this definition of ‘unreasonable obstruction’ in this Bill is not ever so much more a meat-axe provision than the ordinance of the City of Chicago ever could be upon any construction. [More…]
First, he wants to take issue with something which he believes I fairly said last night in regard to what Mr Justice Black said in the Supreme Court of the United States of America. [More…]
I referred to Mr Justice Black simply because I thought he gave a very fair statement of the sort of privacy which individuals ought to be entitled to. [More…]
I am very pleased to hear that Senator Wheeldon does agree with what Mr Justice Black said because, as I see it, that is what this Bill is designed to achieve. [More…]
Today Senator Wheeldon again quoted what Mr Justice Black said in the case of Gregory v. The City of Chicago. [More…]
I think it was a vague provision and I think it is fairly entitled to the castigation which Mr Justice Black gave it. [More…]
I do not deny that Mr Justice Black used, in a general way, the expression ‘meat axe ordinances’. [More…]
I leave Mr Justice Black because I accept broadly as a principle worthy of emulation what he said and I turn to what this Bill says in the context of what Senator Wheeldon has been criticising. [More…]
The point of the definition is, in the language of Mr Justice Black, to narrow what is the conduct with which we are concerned. [More…]
I can well understand that, within the terms of the judgment of Mr Justice Black which has already been referred to, certain provisions have to be made within the framework of a free society allowing free assembly to prevent certain things from taking place. [More…]
However, what we put to the Minister is that once again this is what Mr Justice Black described so unfavourably in his judgment. [More…]
As far as the Opposition is concerned outside World War T and World War II we have seen many instances where genuine radical causes for justice have culminated in some serious conflicts with the law when there was no need for that to happen. [More…]
It is not for me to say whether the courts were sufficiently severe in the administration of justice. [More…]
That they are bound is in the law books but it is not the standard that prevails under the Anglo Saxon system because that is where the people in the community are involved in the administration of justice. [More…]
If any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time afterthe last day of July in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of thecounty, or his under-sheriff, or by the mayor, bailiff or bailiffs, or other head-officer, or justice of the peace of any city or town corporate, where- such assembly shall be, by. [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 [More…]
Whilst 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, I want to make 2 points perfectly clear. [More…]
It was Mr Justice Kerr. [More…]
Why, if we have gone through so many trials and tribulations and very serious occasions in the history of the Anglo-Saxon people to obtain justice, should we make this an offence even where it has nothing to do with country properties? [More…]
We have been given the assistance of the judgment to which the Minister referred of Mr Justice Kerr on the word ‘offensive*. [More…]
It seems to me that what the Opposition is contending for is a quite unreasonable position which, if it were to be accepted and applied in other areas, would make nonsense of the whole system of administration of justice. [More…]
As long as there has been a sensible system of administration of justice, not only in Australia but also in England, there have been some offences of a relatively summary or trivial character which have been tried by justices of the peace or in latter days by magistrates, some who are qualified in terms of legal equipment and others who are not, but who in either case have had common sense every day experience of the courts. [More…]
I do not believe that our system of justice would be enhanced by demoting and degrading the status of a jury trial to cover all those offences. [More…]
He said that we must prevent the system of justice from being clogged completely by vexatious litigants bringing mala fide prosecutions and clogging up the courts. [More…]
We all know the old saying about not only must justice be done but it must manifestly appear to be done. [More…]
There is then the maintenance in the best possible way of the view in the community that an impartial system of justice is being administered. [More…]
If the court is put in the position of determining whether the particulars that are supplied are reasonable particulars, I for one believe that the court will do justice to the defendant by ensuring that he is not prejudiced in regard to what is relevant to the case which is before him. [More…]
What was the result of this examination which was presented as the reason for terminating at that time my advocacy of justice. [More…]
But the file is available to any one or all of the Ministers who would like to look at it in an endeavour to bring some, sort of justice to bear in the case of this lad. [More…]
I have complained before about the injustice suffered by national service trainees who are required to serve in fields other than those for which they have been trained. [More…]
Will he look into this dubious situation and act to restore some justice in the tax laws to protect the Australian taxpayer as well as the cattle farmers, who will be assisted in turn by the Australian taxpayer? [More…]
(2.; Where an authorised person has reason to believe that there are on any premises books, documents or papers relating to the slaughter of pigs in respect of which levy is, or may be, payable, the authorised person may make application to a Justice of the Peace for a warrant . [More…]
They think that pensioners are getting a good go; that this wealthy country is doing social justice to them. [More…]
Mr Justice Nimmo also adverted to the problem of the poverty which exists in this community. [More…]
The only way to ensure that we will get justice for these people and the only way we will shock the Government into a realisation that it may be forced to an election upon this topic is to pass now the amendment I have moved. [More…]
It will give the Government formal notice that unless it corrects the difficulties that exist, unless it corrects the social injustices that exist, unless it does right by those persons who are in receipt of social service benefits and unless it carries out the wishes which have been expressed time and again by a majority in the Senate its Budget is going to be rejected. [More…]
1) the following words be added: but the Senate is of the opinion that the social services of the Commonwealth are so inadequate as to constitute social injustice and is of the opinion that, unless the inadequacies are substantially remedied in the Budget, it should be rejected. [More…]
I would point out to the Australian Democratic Labor Party, which agrees that there is social injustice in the community and has been demanding that there should be legislation to overcome this injustice, that now is the time to act. [More…]
The Senate can give notice to the Government before it formulates its Budget that if it does not agree to remedy these injustices the Budget will be rejected. [More…]
But honourable senators know and the people of Australia will find out that it is not prepared to ensure that justice is done by saying to the Government: ‘We will join with the Australian Labor Party and reject the next Budget unless justice is done to people in receipt of social services’. [More…]
increases in justice to pensioners of all kinds to compensate for higher living costs; and [More…]
In view of these serious allegations will the Minister investigate these charges and rectify any matters where justice is denied to Vietnam ex-servicemen? [More…]
how many of such appeals were from decisions of a single Justice, and how many of those were upheld. [More…]
The number of such appeals which were from decisions of a single Justice was as follows: [More…]
The injustice suffered by Aboriginals has been highlighted by the recent judgment of Mr Justice Blackburn in the Gove Peninsula case. [More…]
I think it can be said quite categorically in justice to the RAAF that it has played a part in fostering the aviation industry in Australia. [More…]
We say that all of these people and all of their problems have to be catered for if there is to be any justice or any common sense brought to bear in relation to the rural sector of the Australian economy. [More…]
That is to members of the Waterside Workers Federation - were made in May 1970 when the parties were before Mr Justice Moore. [More…]
Whilst 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, I want to make 2 points perfectly clear. [More…]
My appeal to the Mataungans is to cooperate because the present Administration will not be in power much longer in the Territory, certainly not later than about November 1972, at which stage electoral and social justice will come the way of these people. [More…]
The Leader of the Opposition everywhere he went was received with open armsand with pleas for political and social justice. [More…]
But we all believe that justice should not only be done but must also appear to be done. [More…]
I think this would be a salutory provision because again, whilst it is desired to protect the consumer, there must also be, in the concept of justice, a fair recognition of the right of the trader who has built up his practice, sometimes with years and years of laborious dedication to his small business which has grown and grown, and he is entitled to the protection of this legislature just as the consumer is entitled to the protection which he will get under this Bill. [More…]
It is highly relevant that the debtor made an application to the Court for the deed to be terminated and this application was heard by Mr Justice Chambers at Launceston on 18th August 1969. [More…]
It can only be hoped that for their part as a matter of fairness and common justice, some redress will be afforded to Mr de Jong and to the officers of the bankruptcy administration, by providing at least equal prominence to this statement. [More…]
They will see that greater justice is done than the Federal Government has given to workers in the past. [More…]
I trust that this Bill will be sent back to be re-drafted so that justice may be done to the pupils of Australian State schools, to the parents of pupils of Australian State schools and to Australia, which is sadly lacking in any sound education system at present. [More…]
The Federal and State governments of this country saw the justice of spending at least portion of the funds allotted from the public purse for education on children attending private schools only when they were driven to it by sheer necessity. [More…]
At least that would bring a substantial measure of justice to that section of the community, that section of my Australian brothers and neighbours who have paid their taxes for a lifetime for the education of their children and have then paid out of their own pockets as well for that education. [More…]
If that does not offend the honourable senator’s sense of justice it offends mine. [More…]
In my lifetime in the political movement I have fought for equality of educational justice for all school children, and I do not care whether they go to a state school, a private school or any other school. [More…]
In all justice let us examine these things carefully, without prejudice. [More…]
The Labor Party, not recognising the justice of all these things, sees some disparity in the division of the $43m over this 4-year period. [More…]
We are pleased at the fact that some justice has been done but I do not want anyone on the Government side to believe that the millenium has been achieved. [More…]
This must develop before we reach the stage where justice will be given to workers who compare themselves with workers in industries where the employer has recognised their claim that there should be no monetary loss as a result of an accident suffered while serving the industry. [More…]
Possibly it will see that justice is done eventually. [More…]
As Senator Bishop has said, we think of the industrial relationships, we think of the people; and not only should justice be done but justice should be seen to be done. [More…]
One of the results of this legislation, in view of the lack of union representation for those, such as servicemen, who will be covered by it, will be that these matters will come more within the realm of the politician who will have to be the adviser and advocate of those whose injuries are covered by this Bill, in order to sec that some measure of justice is meted out to them. [More…]
If we cannot discuss them they will be swept under the carpet and no justice will be obtained by the workers involved. [More…]
In addition there has been a tremendous amount of propaganda of a political type directed by the trade unions against the Federal Government for its failure to do what is rightly conceived to be social justice. [More…]
That aspect of the decision is explained by the Justices at pages 58 and 59. [More…]
That was in 1904, when this country, through its legislature, established the means of industrial justice for industrial organisations whether they were employer or employee. [More…]
I remind the Senate that industrial organisations had their being and were created under Austraiian law for the purpose of facilitating their audience before the arbitration commission in order to give them industrial justice. [More…]
The initiation of the trade union movement in Great Britain brought about a revolution against the British system of justice at that time. [More…]
In accordance with British justice, which Senator Wright upheld tonight, these men were sentenced and were transported to Australia. [More…]
The great saviour of the nation, Senator Kane, who would condemn the workers and who is trying to uphold the principles of freedom and justice, has a history. [More…]
justice, does not vote DLP. [More…]
But he cannot do justice to both roles. [More…]
This decision was influenced to a very large degree by the recommendations of the Commonwealth Committee of Enquiry that had been established under the chairmanship of Mr Justice Nimmo to inquire into all aspects of voluntary health insurance. [More…]
I believe that a committee was set up under Mr Justice Fox of the Australian Capital Territory Supreme Court to study this important question and that it comprised eminent legal men who have made a study of the law of evidence in the Australian Capital Territory. [More…]
Under the British system of justice it is far better for 9 guilty men to be found not guilty than for one innocent man to be found guilty. [More…]
The person who headed that committee was Mr Justice Fox, a judge of the Supreme Court of the Australian Capital Territory who has applied himself assiduously, with not inconsiderable talent, to this fairly painstaking job of work. [More…]
He was assisted by Mr Justice Mason when he was the SolicitorGeneral of the Commonwealth. [More…]
Likewise, Professor P. L. Waller, the Dean of the Faculty of Law at the Monash University, was asked for his comments, which he supplied, and Mr Justice Reynolds, the Chairman of the Law Reform Commission of New South Wales, was asked for his comments. [More…]
Similar provisions are about to be introduced in Victoria as a result of the activities of the Chief Justice’s Law Reform Committee. [More…]
Here in the Australian Capital Territory a group of most distinguished people, skilled in the fields of law, politics and parliament met under the leadership of Mr Justice Fox. [More…]
The Evidence Ordinance is an up to date set of rules designed to produce the best possible justice under all circumstances. [More…]
The names of Mr Justice Fox of the Australian Capital Territory Supreme Court and Mr Justice Mason of the New South Wales Court of Appeal have been mentioned. [More…]
I ask the AttorneyGeneral whether his attention has been directed to the reported statement of the New South Wales Minister of Justice, Mr Maddison, on the need for a critical examination of State laws concerning infringements of the privacy of the individual? [More…]
I can well understand the concern which Senator Murphy is experiencing because of the view which he adopted last Thursday in supporting the disallowance of this Ordinance and because of the practical problems in the administration of justice which that action has caused. [More…]
However, I should stress that the provision of legal aid is essentially a matter for the State governments because it is in the State arena that most of the administration of justice in this country occurs. [More…]
1 can assure him that justice will be done. [More…]
The Parole Board in New South Wales consists of a judge of the Supreme Court, a judge of the District Court, a person who is the Registrar of the University of Sydney, a retired former UnderSecretary of Justice, the Comptroller-General of Prisons, and a businessman who, in this case, happens to be the personnel manager of the Leyland Motors organisation and who also is on the executive of the Prisoners’ Aid Society. [More…]
After all, one of the most important considerations, especially in the sphere of criminal law, is that in the eyes of the public at large, and especially of people who fall foul of the criminal law, there should be the appearance of justice as well as the existence of justice. [More…]
As Senator James McClelland indicated, the Parole of Prisoners Ordinance introduces a desirable and progressive step in the administration of justice in the Australian Capital Territory. [More…]
They are not obliged to observe what in certain areas would be regarded as the canons of natural justice. [More…]
Mr Justice Chamberlain. [More…]
So in what way is the cause of justice served by having an inexpert AttorneyGeneral handling the matter instead of an inexpert parole board? [More…]
Another is a former Under-Secretary of Justice. [More…]
Even if he will not now give consideration to extending justice to those who cannot comply with the National Service Act, perhaps tomorrow on reflection after having a rest from his busy day he might adopt some other attitude. [More…]
Can it be inferred from this rejection that the Government is not interested in justice for the pensioners and intends only to continue with minor pension rises if the Australian electors are unfortunate enough to be saddled with the same government by the time of the introduction of next year’s Budget? [More…]
That Committee has always shown to this chamber a rather due sense of proportion and a due sense of justice as to what should be done. [More…]
It only perpetuates the injustice in the method of last year’s tax reductions. [More…]
This year’s increase in the levy only maintains that injustice. [More…]
A government with a real conviction on social and economic justice - with a realisation of the one million people on the poverty line - would have completely restructured the tax scale so that the upper income earners and the wealthy would pay more and the person on the average wage would pay less. [More…]
The only way to achieve an equitable tax structure as a basis for economic justice is to change the government. [More…]
The Government does not even meet cursorily the need for income justice. [More…]
The Government has denied social justice to Australians. [More…]
How can anyone fairly say in the name of social justice that the extremely wealthy should be subsidised from moneys garnered by taxation imposed on the little people? [More…]
Where is the social justice in that? [More…]
Is that not the proper approach to be made by any government aiming at social justice? [More…]
I invite any honourable senator to stand in his place and challenge us in any respect on any one of those items and say where, with prudence and justice, we could have budgeted for a lesser expenditure. [More…]
These steps are inadequate in terms of the full justice that we would desire. [More…]
I have been saying in this place for years that until pensions and social services are taken out of the field of politics we can never hope to get justice for these people. [More…]
Let us get to the point of this motion which, as I have said, has been moved in order to rectify a situation in the Australian Capital Territory, a situation which, unless it is rectified, will play havoc with the administration of justice and the conduct of criminal trials. [More…]
By carrying this motion for rescission of the disallowance resolution of last Thursday the Senate will be achieving 2 things: Firstly, it will be indicating that it believes ordinances are an appropriate method for deciding what shall be the manner of enacting laws in this Territory and, secondly, the Senate shall be determining that it shall move an end to the impasse in the Australian Capital Territory forthwith which hitherto, because of the disallowance last Thursday, has prevented the administration of justice in the Territory. [More…]
We do not wish to seem to be responsible or to be responsible for any breakdown in the administration of justice in the Australian Capital Territory. [More…]
Will he also examine whether the enactment of such legislation in Australia would have more beneficial results than the Government’s mad desire at present to penalise workers who find it necessary to take strike action in order to obtain industrial justice? [More…]
Due notice having been given, the matter is properly within the forms of the Senate, and if it is proper to be reconsidered natural justice may demand that it be reconsidered. [More…]
justice. [More…]
To fail, in those circumstances, so to act is a denial of natural justice. [More…]
Thirdly, in this matter there was a denial of natural justice. [More…]
There having been a denial of natural justice in the operations of a tribunal acting judicially, the proceedings, insofar as there has been a denial, should be quashed. [More…]
The denial of natural justice was this: When the report was presented to the Senate it was adopted in toto on 13 th May by resolution of the Senate. [More…]
The adverse impact of a discretionary decision on the interests of an individual may nevertheless be such that a refusal by the courts to insist that he be given an opportunity to be heard may be considered an affront to justice. [More…]
A decision to deport an alien (in respect of which the courts have declined to require observance of natural justice) probably falls into this category, even though the Home Secretary’s decision may be based on considerations of national security or the maintenance of friendly relations with foreign States. [More…]
Again, although it may be inappropriate for the courts to impose procedural duties on a licensing authority exercising a discretion to grant licences, justice may call for the imposition of such duties on the same authority before it decides to revoke a licence, especially if the revocation of a licence places a slur on the reputation of the person aggrieved. [More…]
That is a conflict between two parties, two people - - a view that may have been based on an oversimplified interpretation of the cases on natural justice decided under the Housing and New Towns Acts - overlooked two relevant lines of cases. [More…]
First, there arc the cases in which a duty to act judicially in accordance with the rules of natural justice has been held to arise by implication from the nature of a power and its impact upon the rights of individuals, despite the absence of any express duty to follow a procedure analogous to the judicial. [More…]
Therefore, if the violation of natural justice lay in the fact that they had not been given an opportunity after the verdict had been brought in to be heard on the question of punishment or why punishment should not be inflicted upon them. [More…]
justice and one that calls for rectification by the body that was responsible for the imposition of the penalty and the only body that can correct the situation. [More…]
If a person, having been found guilty of an offence, is then denied the opportunity to be heard, does that constitute such a denial of justice as to amount to a violation of natural justice which requires either a quashing of the conviction or, for that matter, a retrial of the offence. [More…]
The Authorities are clear and unmistakable that if that right is denied, a violation of natural justice has’ occurred which must be rectified through the legal tribunals of the land. [More…]
It is a condign and appropriate step to take, That step, if denied, is considered a violation of natural justice. [More…]
The High Court, in the case of Coward and Stapleton, did not use the term ‘natural justice’, but it quashed the conviction of the person concerned. [More…]
In the case of Davies and Griffiths, reported in Kings Bench Division 1937, the court consisting of Lord Chief Justice Hewart, and Justices Macnaghten and Singleton upheld in substantially the same terms that proposition. [More…]
In the course of their judgment, the Justices recited what the Justices sitting in original jurisdiction had said. [More…]
failure to give counsel for the defend an opportunity to be heard on sentence was, without more, a denial of natural justice; [More…]
We consider that thereby there was at that stage a denial of natural justice to the defendant. [More…]
It is true that there is no section of the Justices Act which specifically gives to a defendant the opportunity to be heard upon sentence, but we are led to the firm conclusion that such an opportunity should be given and that if it is not so given then there is a denial of natural justice. [More…]
It is true that there is no section of the Justices Act which specifically gives to a defendant the opportunity to be heard upon sentence, but we are led to the firm conclusion that such an opportunity should be given and that if it is not so given then there is a denial of natural justice. [More…]
Section 80 of the Justices Act provides: [More…]
After hearing what each party has to say and the witnesses and the evidence adduced, the said Justice or Justices shall consider and determine the whole matter, and convict or make an order upon the defendant or dismiss the information or complaint, as the case may require.’ [More…]
I rely very substantially on the fundamental principles of justice. [More…]
The court comprised distinguished justices of New South Wales. [More…]
They were Justice Jacobs, Justice Asprey and Justice Holmes. [More…]
It is my view that there was clearly a breach of privilege; that the Senate was entitled to deal with the matter; that the offending journalists were dealt with fairly; and that there was no miscarriage of justice. [More…]
Senator Byrne, as a lawyer, should know that the common law doctrine of natural justice must cede to express provisions in a statute, even if the Parliament were to be regarded as a court. [More…]
It is not bound strictly by any laws of natural justice. [More…]
The fact is as I have said, that the Senate is not bound by any laws of natural justice. [More…]
I would hope though - and I believe - that it has acted according to the laws of natural justice and I would hope that when the Privileges Committee gets down to an examination of its procedures it would spell out all sorts of protection for witnesses who are called before committees and for people in the position of the journalists who were called here on that day. [More…]
But what sort of an injustice was done to those men? [More…]
They were not, to use strict language, bound by the rules of natural justice but they were under an obligation to act fairly. [More…]
The provision states that, on an appeal to a court from the decision in a trial at which the accused person has been found guilty, the appellant may appeal to the court to set aside his conviction on the ground of a wrong decision on any question of law or on any other ground that there was a miscarriage of justice. [More…]
Provided that the Full Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred. [More…]
1 would have thought that, whatever might be the views which lawyers hold in a very technical sense about the matters Senator Byrne has raised - and I for one do not share them in this context - if there was no injustice in the result that was arrived at it would not lead to the conclusion to which Senator Byrne asks the Senate to come, namely, that the decision should be rescinded- [More…]
They were clearly established, and I believe that justice was done and was fairly done. [More…]
In those circumstances, taking what 1 think was a proper, fair and broad view, the Senate has tempered justice with mercy. [More…]
It imposed it fairly, with justice and with propriety, and it was a proper decision for this Senate to come to. [More…]
Let us go back and in the name of conscience have another complete discussion on whether at all stages we have given these people natural justice.’ [More…]
We were worried about the question of natural justice. [More…]
I do not enter this debate as a lawyer because I am not one, but as one who has some respect for natural justice, particularly as it applies to the rights of honourable senators to bring before the Senate matters that they consider to be in the interests of the Senate and the citizens of this country. [More…]
But the fact that we have these rights, does not give us the power to ignore the ordinary concepts of natural justice and the forms of natural justice which have been found by the courts of England and Australia over the ages to be necessary to carry out natural justice. [More…]
If we want to establish the right of this Parliament to express its own rule of law for the examination of members of the public by its committees, surely we do not want to make all the mistakes which were made by the courts of law in England as it developed the principles of justice that apply in the administration of law today. [More…]
He is a legal man and must realise that this is an established case of a miscarriage of justice. [More…]
Senator Byrne never suggested that there had been a miscarriage of justice. [More…]
I know that such procedures are applied in some countries that have a different concept of justice and a different concept of human rights from those that we have. [More…]
Natural justice demands at least that before a sentence is passed a person found guilty should be given the right to speak at the eleventh hour in his own defence. [More…]
For all those reasons, Senator Poke, I believe that those who have disagreed with Senator Byrne and who have complained about the time that has been consumed by this debate have not done proper justice to the dignity of the Senate. [More…]
We should not fail to take every precautionary measure to protect the natural justice that should be afforded to citizens who may at any time offend and who may have to appear before us, as a judicial tribunal, when we may be called upon rightly to impose sentences upon those people to protect the rights of the Senate. [More…]
This, therefore, gives us much higher responsibility to ensure that our forms shall not be lesser than those of the courts but instead will be even more powerful in protecting the natural justice and the rights of somebody who even wishes to plead, when guilty, for the mercy of those who are about to sentence him. [More…]
I rise only because I think it is a tribute to the Senate’s sense of justice that it has listened to everything that has been said on behalf of the mover of this motion with an appropriate patience and quiet of attention. [More…]
One of them had taken legal advice, ls it any wonder that when questions of miscarriage of justice are canvassed Senator Little says that that is not Senator Byrne’s proposition and that the claim is that the Senate has made a mistake. [More…]
If the Senate affirms that decision, as I hope it will, I believe that that will be a satisfaction to everybody who took part in the proceedings in May, because 1 for my part would not relish the situation if it were thought by any considerable number of honourable senators that we had lacked a sense of natural justice and had not been scrupulous to observe every precaution which would ensure a proper and just adjudgment of the situation so far as the editors were concerned. [More…]
In those circumstances, we were under an obligation to have regard for judicial procedures, and it is in our departure from the observance of those procedures that, in my submission, a violation of natural justice has occurred. [More…]
It will be no discredit to the Senate if on a calm consideration of the proposition it should find that there has been a violation of natural justice. [More…]
Apart from the economics of this, it is hardly social justice. [More…]
In this chamber a spokesman for the Australian Democratic Labor Party used the term natural justice. [More…]
I do not think that I have ever in my lifetime heard the term natural justice used so extensively. [More…]
At no time while that debate was on doI recall any spokesman for the Democratic Labor Party appealing for natural justice on behalf of Ronald Walsh. [More…]
It may well be argued that, strictly speaking, the term natural justice does not apply. [More…]
But I am of the opinion that men of goodwill would have extended the term natural justice to the Ronald Walsh case. [More…]
If members of the Waterside Workers Federation withdrew their labour in support of a friend, a mate or a co-worker then I believe that that union was only carrying out its traditional role - a role which has ever been the role of the trade union movement wherever injustice has been done. [More…]
Mr Justice
Nimmo and Professor Downing of Melbourne University have estimated that 8 per cent of our people are financially insecure. [More…]
Justice Nimmo went further and said there were 250,000 low income families in a self-perpetuating poverty belt. [More…]
We have, on repeated occasions, put before the Australian people proposals to remove the injustices that have been built into the Australian economic system during 22 years of Liberal government. [More…]
We will continue to put those proposals to the Australian people, and we will implement them at the first opportunity in order to bring justice, both social and economic, to the Australian people. [More…]
It never ceases to amaze me that, although we are so capable of socking the taxpayer in this way and we have a total Budget of about $9,000m, we are not able to apply some measure of justice in marginal cases in such fields as housing and pensions. [More…]
wants to peruse it - even a layman - will see there indisputable evidence that there is an obligation on the Government to see that this man receives some sort of justice. [More…]
I should say to you, Mr Deputy President, that I personally hold the strong view, and have held it throughout my lifetime, that capital punishment should never have found any position at all in British law, that it is indeed antipathetic to the whole spirit and conscience of what we call the ‘British system of justice’. [More…]
I say without sense of propaganda that the present Minister of Justice in New South Wales, Mr Maddison, is doing a very enlightened job in the whole sphere of penology. [More…]
He worked with Mr Justice Barry. [More…]
Indeed, Mr Justice Nimmo with whom I spoke this morning was another who served on that Board. [More…]
Senator Gair met Mr Justice Nimmo this morning. [More…]
I remember an instance of the effects of corporal punishment told by Mr Justice Barry. [More…]
I feel that the Press did not give justice to this great occasion. [More…]
He would have us believe that if only the wage earners would forgo their claims for wage justice the problem of inflation would not exist. [More…]
I trust that he will support us in our efforts to achieve justice for his people. [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…]
The sooner the DLP takes stock of itself and acts in a sensible manner and applies a sensible consideration to the social service proposals advanced by the Australian Labor Party the sooner the hardships of the people will be dispelled and social justice be restored to the people of Australia. [More…]
Emphasis is placed on the common needs principle … an approach relied on to maximise equality, social justice, and freedom . [More…]
I wish to continue by referring to some sections of the Budget in which the Treasurer (Mr Snedden), when presenting it, claimed that justice had now been done to all those who are required to survive with the aid of social service payments. [More…]
The authorities know where they are but never bring them back to justice. [More…]
There is a clear need in justice to rectify the number of anomalies that exist in pension payments. [More…]
So the child endowment scheme is the only way in which we can maintain any measure of justice to the fellow who is married and who is sincerely trying to do something for his family. [More…]
Of course, the justice of this situation must appeal to people, but unfortunately it goes overboard with so many and is overlooked for too long by governments. [More…]
Before I move an amendment to Senator Brown’s amendment I would say that in this matter of social services each and every one of us, irrespective of the party to which we belong, must at all times be conscious of the necessity to see that justice is done to sections of our people who, because of circumstances in many cases beyond their control, are in a state not far removed from poverty. [More…]
The pensioner will never receive proper justice unless a tribunal is appointed. [More…]
I suggest., Mr Acting Deputy Chairman, that it would be a sheer impossibility for anyone to introduce a contentious matter in 20 minutes and do justice to it. [More…]
With respect, no-one could possibly do justice to a subject such as that in 20 minutes. [More…]
After all is said and done, 30 minutes is not a particularly long time but an honourable senator could do reasonable justice to a subject he wanted to introduce if he were allowed 30 minutes. [More…]
If he had had 20 minutes he could not have done justice to his argument for the simple reason that the topic he was referring to in the debate yesterday was of great significance. [More…]
1 am aware that a decision was given in the Northern Territory Supreme Court yesterday by Mr Justice Forster in regard to an action which was brought by the Attorney-General against certain members of the Legislative Council of the Northern Territory who had purported by resolution to appoint persons with what might be described as ombudsman-like powers. [More…]
The Government will do justice to the pensioner in the light of what the country can afford. [More…]
We will have to find ways and means of giving justice to these people. [More…]
This is despite opinions expressed by many eminent lawyers - none more eminent, I suggest, than Mr Justice Spicer, who was a senator and sat in this chamber and who gave a legal opinion in relation to section 47 of the Act which specifies quite clearly and properly that the onus of proof is on the Commission when rejecting a claim made by a person. [More…]
In my view a legal opinion submitted by Mr Justice Spicer- -Senator the Honourable J. [More…]
In clause 5 of his opinion Mr Justice Spicer said: [More…]
These claimants sometimes leave a tribunal knowing full well that justice has not properly been done. [More…]
If there is any semblance of doubt at all the Commission should, as indicated in the opinion of Mr Justice Spicer, act in favour of the person concerned. [More…]
I believe that the Repatriation Commission is today working on a budget instead of on the basis of justice to those who submit cases. [More…]
I may be wrong, but I believe that there has been an apparent injustice done or that there has been a neglect to dispense justice to deserving individuals while less deserving individuals seem to get more than they should. [More…]
If the public servant, or, for that matter, anyone in the community believes that he can maintain his standard of living and not contribute to it by his own personal effort and by giving a fair day’s work for a fair day’s pay, which is good old Labor policy, he is not doing justice to himself, his fellow citizens or the community generally. [More…]
I understand that some of the great superannuation funds operating in the community are probably unable because of inflation to meet the demands of social justice and will be unable in the future to provide the same value of pension as they have provided in the past. [More…]
Is it to be the principle that the person assaulted has the right to kill but if the criminal succeeds in his purpose and gets in before the victim, society, preserving as it most carefully does one of the most cherished systems of justice in human history, scaling the evidence and giving ali care before a jury is invited to convict, is not entitled to visit on that criminal the condemnation which would have been fully justified at the victim’s hands? [More…]
Would one say that death was not the only appropriate punishment by which a respectable society should express a verdict of justice? [More…]
Those people who are opposed to capital punishment on humanitarian grounds point out that a judicial decision involves the destruction of another human life and that there is always the possibility of a miscarriage of justice. [More…]
Is it not a fact that recent actions of members of the Force are a reflection of the Minister’s aggressive desire to impose the law without regard to the justice of the moment? [More…]
I think that is contrary to our system of justice which requires that a defendant should have notification of hearing, trial and anything relating lo court proceedings. [More…]
I think there is an clement of right and justice in Australia which dictates that there should be notification. [More…]
This seems to me to be a peculiar form of justice. [More…]
If someone disputes the assessment and appeals, that person may get justice after the appeal is heard but he has to pay the amount assessed pending the hearing of the appeal. [More…]
I am fortified in this view by remarks made by Mr Justice Street of the New South Wales Supreme Court in a university case about 12 months ago. [More…]
They did a service to British justice and the system that has developed down the years. [More…]
I am pleased to inform the Senate that the Government dicided 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 on behalf of the Minister for Repatriation (Mr Holten) 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…]
Mr Justice Toose served throughout the 1939/45 war. [More…]
1 am confident that the appointment of Mr Justice Toose will be well received. [More…]
The GovernorGeneral has been pleased to appoint Mr Justice Blackburn to be the Chairman and [More…]
Mr Justice Blackburn, who has been appointed a Judge of the Supreme Court of the Australian Capital Territory, had for some 5 years before his appointment been the Senior Judge of the Supreme Court of the Northern Territory. [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…]
Senator James McClelland referred to the necessity to have a judge to ensure that a person is given a greater measure of justice than he would receive from a magistrate. [More…]
Does the Minister agree that justice is something not so superficial that it should be jettisoned in order to save a few dollars; if so, will he order these outback visits to be resumed immediately. [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…]
I believe very strongly in social justice. [More…]
The point I am making is if we had regional groups to analyse some of these decisions we would have speedier justice. [More…]
Will the Minister make an immediate statement, in the interests of justice and fairness, unequivocally clearing the Mataungan Association of the innuendo of complicity which the Administration is unashamedly seeking to fix on it? [More…]
If so, would it not be justice to apply this principle to the membership of Taiwan and Red China instead of the unworthy, despicable decision to expel a country which has done nothing to deserve such a fate? [More…]
The necessary procedures under that Act have been complied with and, following hearings by the Industrial Registrar together with certain appeals before Mr Justice Aird, have resulted in the request being granted. [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 Court, but it is desirable that he should be able to devote most of his time to his duties as Chairman of the Law Reform Commission. [More…]
One has been able to follow from the daily Press the circumstances of the Australian Federation of Air Pilots and the management of Qantas discussing before Mr Justice Coldham the problem referred to by Senator Bishop, in the first place in a court situation, if that is the correct legal terminology, and later in chambers, as I suppose it would be referred to, with Mr Justice Coldham trying to look at the situation from both sides. [More…]
In view of this further evidence that the Government’s wool subsidy schemes are coming ur.c’er criticism from all quarters, when will the Government undertake a complete review of all wool subsidy schemes with a view to achieving justice for both the rural producer and the taxpayer? [More…]
Those honourable senators who want to understand this should go to the Library and get the report on Tibet of the International Commission of Jurists, of which our own Sir Owen Dixon, then Chief Justice of Australia and the greatest jurist in the free world at the time, was a member. [More…]
In that regard it is necessary to provide some element of social justice. [More…]
I know that view is generally held, but I think it does less than justice to Sir Garfield Barwick ‘s proposals to regard the current Bill as so different from them as not really to be part and parcel of what he initially proposed. [More…]
The Attorney-General may elect, instead of proceeding by indictment for an offence against this section, to institute proceedings in the High Court by way of civil action for the recovery of the pecuniary penalties for the offence; in which case the action shall be tried before a Justice of that Court without a jury. [More…]
That is because a judge knows that he is there to do justice as between the parties, and if there is any impediment which would prevent him from not only doing justice but also giving the appearance that he is doing justice he will make that apparent to the parties. [More…]
Chief Justice Dixon said that this was a legislative trick; the legislature does not say what the law is and then say that you make an application - you can do it in the one stroke. [More…]
Senator Murphy compared this provision with the situation that existed in the days when the monarchy reigned supreme, when the monarch decided whom he would prosecute and whom he would not prosecute, when he would dispense justice and when he would not dispense justice. [More…]
In the administration of justice it is prudent from time to time that some prosecutions should be launched only with the authority of the Attorney-General, the Crown Solicitor or some person who represents government so as to prevent a constant avalanche of private prosecutions being instituted by people who feel that they have some crusade in which they must engage but which is designed purely to harass people in a way in which they should not be harassed. [More…]
I think that the way the motion has been phrased gives us very little time to do real justice to the important matter before the House. [More…]
Let me remind the Attorney-General of what was said by Mr Justice Schaeffer in the. [More…]
Mr Justice Schaeffer said: [More…]
Justice has to be done to all parties. [More…]
Mr Justice Barber, a judge of the Supreme Court of Victoria, has commented on the needs for radical revision of the present law. [More…]
Mr Barnard should persist in trying to get justice. [More…]
But it must be acknowledged, because of the justice of the situation, that those judges who were previously appointed on an anticipation that like Federal judges they would have life tenure, will have that life tenure preserved for them. [More…]
Under that provision for appointment, Mr Justice Fox, Mr Justice Blackburn and the judge to be appointed following the passage of this Bill will be appointed. [More…]
Subsequently further work was done on the acquisition of the advice of Mr Justice Nimmo who accepted a secondment to look at the code and to present opinions on the basis of a judicial examination of it. [More…]
Mr Justice Nimmo was overseas in the early part of this year and took the opportunity to examine provisions comparable to those in the code which operate in other parts of the world. [More…]
Did Mr Justice Lush in the Supreme Court of Victoria on 19th August 1971, inthe case of the Crown versus Halimi, make comments which implied certain terrorist activity by Ustashi elements in Australia; if so, will the AttorneyGeneral take immediate action through the appropriate Government agency to counter this situation. [More…]
If so, would it not be justice to apply this principle to the membership of Taiwan and Red China instead of the unworthy, despicable decision to expel a country which has done nothing to deserve such a fate? [More…]
Where are the principles of justice upon which, from my reading of history books, I understood the Labor Party to be founded? [More…]
In the circumstances will the Attorney-General confer with the Ministers of Justice of those 3 States regarding the operations of Koscot (Aust.) [More…]
Where is the justice of it? [More…]
Have we reached the stage that when we say to the ABC that it should give evenhanded justice to 2 points of view - or more, if they exist - we are to be accused of interfering with the impartiality of that body? [More…]
I appreciate that there could bc occasions when the Minister for Foreign Affairs would influence the decisions of the Minister for Immigration, but I am still not satisfied that some of these graduates from Australian universities have been able to go back to Malaysia and do full justice to their professional qualifications because Malaysia has to try to rationalise its people of Chinese stock and those of Malay origin. [More…]
I believe that if the Minister is sufficiently open minded he will see the justice of my argument. [More…]
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, Mr President, that in relation to the Judicial Appointment (Fiji) Bill being introduced in another place introducing the present Bill I am able to announce that Mr Justice John Angus Nimmo, a Judge of the CommonwealthIndustrial 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.In 1963 he served as an Acting Judge of the Supreme Court of Victoria. [More…]
I am sure that honourable senators will welcome the opportunity that Australia has been afforded through the initiative of the Government of Fiji, to co-operate with a Pacific neighbour with which Australia looks forward to having an increasingly close association.I am sure too that honourable senators will be pleased that Mr Justice Nimmo has accepted the appointment. [More…]
The Bill now before the Senate 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.I am sure that the Senate will cordially welcome the appointment that it has been my pleasure to announce. [More…]
- The Committee’s conclusions and recommendations are too numerous for me to read in full to the Senate and I believe ;o extract just a few would not do justice to the report. [More…]
What was the result of this examination which was presented as the reason for terminating at that time my advocacy of justice. [More…]
lt could well be, as I have said, that there is too great a difference between the salaries of heads of some departments and those of officers of lower rank, lt has been stated publicly that if political heads followed these departments it may be a restraining influence on wage fixing authorities giving justice to heads of departments. [More…]
We have to readjust our thinking and our actions on this question until by the exercise of our power and authority we reach a stage of respectability, and until we get justice. [More…]
A notice appeared in newspapers throughout Australia in mid-November in which the Honourable Mr Justice P. B. Toose, C.B.E., invited writen submissions from interested persons or organisations who wish to place information or representations before the Enquiry. [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…]
of the settlers were brought in South Australia and judgment was given by Mr Justice Bright. [More…]
At page 6 of his judgment Mr Justice Bright said that properties purchased for the settlement of ex-servicemen had been zoned according to the similarity of the types of country and until all holdings had been allotted and re-valued in accordance with the War Service Land Settlemerit Agreement the rental could not be finally fixed. [More…]
Mr Justice Bright in his judgment also found that the proper method of fixing the rental for the petitioner’s land was to assess the value in terms of paragraph 5 of the conditions set down by the Department; that is, to take 2i per cent of the capital value with the adjustments provided therein. [More…]
Page 22 of the judgment sets out the reasons for Mr Justice Bright’s decision. [More…]
A declaration was handed down by his honour Mr Justice Bright on September 8th 1970, requiring the Crown to fix the rent at 2 per cent of a just valuation. [More…]
The Committee now has a responsibility to the Senate and to the Australian public to do justice to the material that has been amassed and to ensure that its conclusions and recommendations are sound and practical. [More…]
It is very much in our wishes that the salaries appropriate to these very distinguished public officials should have been proceeded with unimpeded according to justice and relative to other determinations which have been made by arbitral tribunals and bodies that have the power to fix wages. [More…]
I suggest it would be an injustice for parliamentarians, for instance - that is what we are - to be extending this situation into the non-political arena in the way that has been suggested in the speech of the Deputy Leader of the Opposition. [More…]
I reiterate that we will mete out summary justice, as apparently it is thought to be, to some people by means of a Bill related to a matter which was introduced into the Parliament before we actually did anything about the Kerr report. [More…]
The whole basis of the inquiry by Mr Justice Kerr was to separate the Parliament- [More…]
Justice Kerr was put down. [More…]
The Leader of the Government spoke about dispensing summary justice. [More…]
I think he moved outside of the field in talking about dispensing summary justice. [More…]
The Leader of the Government referred to the report of Mr Justice Kerr on parliamentary salaries. [More…]
Let me tell Senator Sir Kenneth Anderson that it would not have mattered whether the report was made by Mr Justice Kerr or by any other person; I had intended to raise an objection to large increases being granted to these people whose salaries are determined by statute. [More…]
If justice had been done our salaries should have followed suit and we should have receieved an additional $3,000 a year then. [More…]
The fairness of the case must appeal to anyone with a sense of justice and a sense of fair play. [More…]
Was that a demonstration of justice and fair play? [More…]
I assure the Senate - this is the main reason I rose to speak - that Mr Justice Kerr’s report has no bearing on my decision in relation to this issue at all. [More…]
It does not lead to justice. [More…]
I am extremely anxious that justice should be done and that we should end up with a result which is satisfactory and not subject to challenge or innuendo. [More…]
I know that comment about justice appearing to be done. [More…]
It relates to the appointment of an Australian judge of the Commonwealth Industrial Court, who is to travel to and take up residence in Fiji and, there, to act as the Chief Justice of Fiji. [More…]
The person who has been appointed by the Fijian Government is Mr Justice Nimmo. [More…]
Fiji is a fairly equally divided multi-racial society of Indians and indigenous Fijians and perhaps it is because of that that the Fijian Government has required a Chief Justice to come from another country. [More…]
If, on an application under the last preceding sub-section, the Justice of the Peace is satisfied by information on oath … [More…]
The end of that clause states: the Justice of the Peace may grant a warrant, in accordance with the prescribed form, 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…]
We do not make laws for the purpose of getting convictions but to dispense justice. [More…]
Mr Justice P. B. Toose, C.B.E., commenced his enquiry on18th October 1971. [More…]
As can be seen from the reference above to the preliminary work carried out prior to 6th December 1971, Mr Justice Toose has been, and will be, carrying out relevant investigations as well as hearing evidence in public. [More…]
He believed in justice for the working class, but he was very sound in his judgment on union matters and never subscribed to any of the foolhardy practices so frequently seen in the ranks of unionism today. [More…]
The Labor Parly seeks close and continuing cooperation with the people of the United Slates and New Zealand lo make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
I have heard people at the United Nations in New York declaiming the wickedness of the South Africans and proclaiming democracy, justice, freedom and the rights of man. [More…]
Sir Richard Kirby express the urgent necessity for .a new appointment of a- commissioner and a further judge to replace Mr Justice Gallagher? [More…]
Such an authority would have to go to the source to get the information it needs so that justice could be done and so that associated things could be done in the right proportion. [More…]
I can assure Senator Withers that we would be delighted to see that people in the plight of Senator Maunsell’s friends got justice in respect of their claims. [More…]
Those who know Aboriginal thinking about their relation to land with which they are associated, or those who have read the judgment of 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…]
If we were following the procedure adopted in the United States, Canada and in other countries we would say to the committee dealing with constitutional and legal affairs: ‘You will consider all matters of law and justice, bankruptcy, copyright, the Judiciary Act, administrative review matters and so on’, and then leave the committee to deal with the various aspects which were important. [More…]
I remind this Senate that it was a Labor government, the same government - I need no help because history will speak for itself - that paid pimps half the fine to tell on and to bring to justice people who were breaking the law by staying open after hours. [More…]
That is a grave imputation upon the integrity of the administration of justice in this Territory. [More…]
In particular, does he not think that the advice given in evidence last week by the Federal Secretary of the Merchant Services Guild, Captain Sam Benson, if accepted in full, could have saved Mr Justice Frank i from having belatedly to discover today that the vessel in question is defined as a maritime maverick since it requires a permit to operate off the Australia coast? [More…]
The hearsay rale, in its present form, with its numerous exceptions, is said to lack rational basis, to result sometimes in injustice and often in avoidable expense and to introduce much unnecessary complication in the preparation and hearing of civil actions. [More…]
The object of the whole Bill is to facilitate the proof of the real facts in issue both in the interests of proper justice be ng done in court and in enabling proceedings to be disposed of as quickly as they properly can be. [More…]
provide means whereby the court, if it considers it necessary in the interests of justice so to do, may require the witness to answer but only with the protection of a certificate. [More…]
In this way the court may be able to obtain the evidence it needs in order to do justice in the case before it, but at the same time prevent the witness from providing a later prosecutor with an admission or confession that would be admissible against the witness if he were the accused under the exception to the hearsay rule relating to admissions and confessions. [More…]
Mr Justice Zelling in a recent case, R. v. Wright, has suggested in relation to the comparable South Australian section that if the section merely says that the person charged may be asked incriminating questions, then that person is not bound to answer. [More…]
This was because British justice has always held fairly strongly to the belief that an accused should be tried on the evidence of the commission of the offence presesented by the prosecution and not on his past record. [More…]
Two justices of the High Court in the case of Bridge v. The Queen (1964) -38 ALJR 280 drew attention to several factors which make the New South Wales position unsatisfactory. [More…]
The Chief Justice, Sir Garfield Barwick, and Mr Justice Windeyer pointed out that it is unreal to think that a jury these days is unaware that the accused may testify on his own behalf and that it is unaffected by the accused’s failure to offer an explanation. [More…]
Mr Justice Windeyer also noted that there is no prohibition on the jury drawing an inference from the accused’s failure to testify which may be adverse to the accused. [More…]
In all, therefore, it is considered that the interests of justice will best be served by allowing the judge to comment on the accused’s failure to testify. [More…]
In general, British justice has gone to great pains to allow a person on trial for his liberty to present his case as best he can and not to impair an accused’s right to discredit or attack others unless the attack is of little or no relevance. [More…]
It was the result of very careful and lengthy deliberations over a period of 3 years by a committee presided over by Mr Justice Fox of the Supreme Court of the Australian Capital Territory. [More…]
He was assisted by Mr Justice Mason, when he was Solicitor-General of the Commonwealth, and by Mr D. E. Harding, Senior Lecturer in Law at the Australian National University and acknowledged as an authority in the field of the law of evidence. [More…]
During the preparation of the ordinance comments and assistance were received from Dr Rupert Cross, Professor of English Law at Oxford University, probably the leading authority in the English speaking world on the law of evidence, Professor D. L. Waller, Dean of the Faculty of Law at Monash University and Mr Justice Reynolds, Chairman of the Law Reform Commission of New South Wales. [More…]
In those circumstances I have taken the view that he does not reflect upon the administration of justice in this Territory or upon the officers of my Department. [More…]
A great many people who have returned from the Vietnam war are not receiving the justice to which they are entitled under the laws of this country. [More…]
So, whilst the subject of dress reform in the Senate is an important matter for consideration, I and, I am sure, my colleagues who advocate dress reform in this chamber, will be prepared to put this aspect of the matter aside until the social injustices that face this country today have been remedied. [More…]
If an individual is wronged we must find some method of rectification in justice to that individual. [More…]
As Chief Justice Sir Owen Dixon said: [More…]
A former Chief Justice of Australia, Sir Adrian Knox, dealt with the extent of the responsibility of the Attorney-General in law cases. [More…]
A famous English judge, Lord Justice A. L. Smith, sated: [More…]
Under the existing Ministerial Arrangements Order the Attorney-General is responsible for law and justice. [More…]
He must not intrude party politics into the consideration of any case - the reason is obvious - because it becomes impossible for him then to exercise calmly and judicially the various discretions which it may become his duty to exercise and, more important still, the public tends to lose confidence in the impartial administration of justice. [More…]
The great judges have made it clear that a statement is prejudicial and a contempt of court if it tends to prejudice a fair trial - that is, if its tendency is to deprive the court of doing that which is the end for which it exists; namely, to administer justice duly, impartially and with reference solely to the facts judicially brought before it. [More…]
But with equal justice we could do that. [More…]
So casual is the Attorney-General in his approach to the truth, so casual is the Attorney-General in his approach to justice, so casual is the Attorney-General in his approach to the spirit of the rule of law, so imbued with fanaticism for selfadvancement and for the denigration of the Australian Labor movement is the AttorneyGeneral that not only does he set out to discredit people who are awaiting trial but also he falsely maligns in this Parlia- meat people who have been tried already and acquitted, and never once do we find sufficient character in the man to apologise for it. [More…]
It is that action which is being criticised without a word of implication as to what would have happened if Mr Johnston had accepted the processes of British justice and appeared before the court with all the opportunities of having the case heard and then making submissions to show his own innocence. [More…]
Where a person, whether a party to a proceeding or not, does any act which may tend to hinder the course of justice or show disrespect to the court’s authority. [More…]
It is more important when it is the AttorneyGeneral who, whether he is a party to the proceedings or not, does some act which may tend to hinder the course of justice. [More…]
As a general rule, an intention to interfere with or impede the course of justice need not be proved against a respondent to a contempt of court charge. [More…]
We cannot have a society where some people say that the only laws which people have to obey are the laws which they want to obey or, as members of the ALP say in their curious language: The only laws you have to comply with are the laws which meet your own personal ideas of justice.’ [More…]
He asked how I, as Attorney-General, could sit here listening to all the mud and abuse which is flung at me time and again by members of the Opposition and be expected to be dispassionate, to sit as a judge when he administers justice, just sit here and take it. [More…]
I quote from what Mr Justice Eve said. [More…]
I hope Senator Rae is listening to this because this is the authoritative statement of the law - with the due course of justice. [More…]
However, it is not a matter of what the numbers are; it is a matter of what the truth is and what the justice of the issue is. [More…]
What I want to say in that respect is that I. will yield place to no-one in my insistence that employers carry out such obligations as are associated with national service and give justice to those of their employees who are required to enter upon national service. [More…]
This proposal was rejected by both the Australian Democratic Labor Party and the Government on the grounds, firstly, that the suggestion was far too wide to be handled by a committee of this sort and, secondly, that there were not enough bodies to go around; in other words, that the Senate’s committees were so cluttered up that we would be unable to do justice to the motion that I moved on Tuesday. [More…]
Does anyone doubt that hospitals and health are important, that housing is important or that justice is important? [More…]
That is in no way to deny wage justice; it is only to talk about economic reality which is a product of real wages and real productivity reflecting themselves in price increases. [More…]
For those who appear before it I suggest it would be a kind of tribunal which manifestly would not be very capable of giving an objective view or of giving any kind of reasonable justice. [More…]
The Honourable Mr Justice J. R. Kerr, C.M.G., has been appointed as the arbitrator. [More…]
Mr Justice Kerr, a judge of the Commonwealth Industrial Court, has for some time teen chairman of the Committee of Inquiry on Pay for the Armed Services. [More…]
Mr Justice Kerr’s finding will be accepted by the Government as determining the appropriate fees for general practitioner consultations and home visits in New South Wales. [More…]
The formal terms of reference and final details of the procedures to be followed by the arbitrator will be settled after I have further consulted with Mr Justice Kerr. [More…]
1 should like to inform honourable senators of the circumstances in which Mr Justice Kerr was able to accept the appointment as arbitrator. [More…]
Mr Justice Kerr came to this decision on the ground that there is no need to continue his full-time involvement with the Committee’s activities at this stage of its advanced deliberations. [More…]
The Government today asked Mr Justice Kerr to postpone his return to judicial duties until after the end of April. [More…]
In accepting the appointment of arbitrator in relation to medical fees, Mr Justice Kerr made clear to me that, in view of the timetable for the medical fees arbitration, the finalisation of his deliberations in the Committee of Inquiry on Pay for the Armed Services would not be delayed. [More…]
In no other way can justice be done to pensioners and other lower income earners. [More…]
This is the only point at which it seems to me that justice has been done to this young man. [More…]
It seems that most unusual steps have been taken by the Commonwealth Police and the courts to ensure that justice will not be done when one thing that this country supposedly prides itself on is that justice must not only be done but must appear to be done. [More…]
Having put down the broad pattern of the appointment of the arbitrator and the broad pattern of the terms of reference, as I said last, night there are still some discussions that I, as the responsible Minister, need to have with Mr Justice Kerr before the precise- terms of reference are put down. [More…]
It is almost impossible to convince them that justice is being done when the opportunity to ask that particular question is denied by the court or is not available under the rules of evidentiary law. [More…]
As a matter of fact it often appears to the lawyer that the cause of justice is not being served by that denial. [More…]
But if, with all the affluence of wealth, Senator Cavanagh, as an applicant to the court for an order, felt that courtesy and justice required that the bank manager should be served before he made an application, then - notwithstanding what would appear to be a breach of the prohibition contained in clause 24 (2.) [More…]
Shortly after such an accident occurs, it is the practice for a safety officer or an industrial officer employed by the company to investigate the circumstances of the accident, to take statements often with the assistance of an interpreter and to reduce those statements to writing, have them signed and witnessed by a justice of the peace and preserved against the possibility of just such litigation. [More…]
I do not think for one moment that Mr Justice Fox is a person who is concerned to treat lightly the right of accused persons in trials in the courts of law. [More…]
I think the other persons who participated - Mr Justice Mason, Mr Harding, Professor Waller, Dr Cross and the officers of the Attorney-General’s Department - have achieved in their approach to this a fair result. [More…]
I think it was at the first Commonwealth Law Conference to be held in Australia that the Chief Justice of India said that the law is full of technicalities and necessary procedures and that sometimes the observance of these technicalities or procedures leads to injustice. [More…]
He said that one cannot expect perfect justice, but that if we are to have it done with a degree of efficiency, if we are to provide that injustice is not done the other way by providing so many avenues of appeal and so many protections, etc., one has to accept that there will be certain injustices through the operation of procedural rules. [More…]
We do not deny that on occasions this may work some injustice but we feel a terrible breach in this court prin ciple would occur if we were to make spouses compellable witnesses and compellable to disclose communications made between them during the marriage. [More…]
committee has decided in this instance is justifiable, prudent and in accordance with what ought to be facilitated in the ends of justice in the society in which we now live. [More…]
How that aids justice, 1 do not know. [More…]
Whilst it did not elaborate philosophic concepts it did indicate the changing patterns, the changing standards, and how from the idea of the sancitity of marriage as a prime consideration we are now moving to an area in which pursuit to truth and doing justice are the primary considerations. [More…]
This would create a dichotomy which I feel would work against the ends of justice which litigation is designed to serve. [More…]
Where, in a proceeding, a person called as a witness or required to answer an interrogatory declines to answer a question or interrogatory under the last preceding sub-section, the court may, if it is satisfied that, in the interests of justice, the person should be compelled to answer the question or interrogatory, inform the person - [More…]
I say that if a person is before a court - maybe unwilling before a court - because he is able to give evidence in the court proceedings it i in the interests of justice that he be compelled to answer the question or to accept the penalty for not answering If it be said that that is a difficult situation into which to put a person because if he answers the question he may incriminate himself, what is fairer than to say to him: ‘If that is the difficulty you have in answering the question, any answer you give cannot be used in any proceedings which may be taken against you afterwards and in respect of which you have this fear of incriminating yourself? [More…]
The prerogative of mercy has been exercised in this field with what I would think was fairly general satisfaction to the sense of justice of the whole community. [More…]
I say to honourable senators, not for the first time, but now in about my 22nd or 23rd year in this Parliament, and still persevering - not always in a cause in which 1 know I shall win, but, as heretofore, persevering in a cause in which I believe there is justice - that we cast a great deal of disadvantage and a great deal of injustice on the Armed Forces if we relieve the traitor who commits the offences that I have mentioned form the supreme penalty simply to gratify a sociological generalisation. [More…]
The state exists to administer the law with justice. [More…]
We in the Parliament formulate the law so that courts will have a law capable of being applied with justice. [More…]
At all events, I maintain that it needs very scant consideration of the factors involved in maintaining a police force or a force of prison guards to see the justice of applying this deterrent against anybody who would be minded to murder a policeman or a prison warder. [More…]
If that policeman had not successfully dealt with his victim as his victim would have been dealt with by sentence of death if he had come before a court of justice, can anybody say that justice wou’d not have required that the death penalty be imposed as a deterrent against that sort of conduct, in defence of the police? [More…]
Let me add that all members of the community who have a potential for crimes of violence would be deterred, and the police would have that encouragement which comes from justice in that al least they would feci that their assailant had the deterrent of capital punishment if he thought that he would murder a policeman whose duty it is to secure him and arrest him. [More…]
But I believe that justice would be served if Senator Wright’s amendment were accepted by the Committee. [More…]
Justice must be brought to the people of this country. [More…]
Does not this contrast with the separate decisions of Mr Justice Dunphy and Mr Justice Kerr granting orders nisi for these very actions to be heard on 26th April? [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 critieria which can clearly be applied with equity and justice to the range of independent schools and to their students and parents. [More…]
proceedings of the committee should be assimilated as far as possible to the traditional procedures of a court of justice. [More…]
On the facts presented on that occasion, I do think there was a denial of natural justice. [More…]
I cannot understand why the Opposition should take this stand now when in a particular case the very sensitive matter of natural justice, in my connotation, was being attacked and assailed. [More…]
There is only one way that in justice and fairness the matter can be resolved. [More…]
We should avoid action of that kind, but at the same time I would hate to see a situation arise in which through our zest for justice, if I may put it that way, we create so many escape hatches that witnesses may not be inclined to give the evidence that is wanted from them. [More…]
If Senator Bonner thinks that is the justice to which his people are entitled, I do not. [More…]
I ask the Attorney-General: Is this trial regarded as one in which Australia has a considerable interest to see that the administration of justice is duly carried out? [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…]
The Australian Democratic Labor Party welcomes the spirit of justice in the allocation of Commonwealth moneys for education which is embodied in these Bills. [More…]
I can remember times when the question of assistance - I prefer to call it justice - to independent schools was brought up. [More…]
1 am prepared to say that in my State the Victorian branch of the Australian Labor Party is as completely and totally opposed to any form of justice for independent schools as ever it was. [More…]
So far as the general body of the community is concerned, gall up polls have shown that the great bulk of the Australian people are fairminded enough to endorse the principle that independent schools should obtain justice. [More…]
Even parliamentarians and economists who are not entirely in favour of it as a principle have recognised that economically it is necessary for the state because, as they have seen, unless justice and assistance are given to the independent schools to keep them in being, governments would be in the position of having to pay the full cost of students who attend the independent schools instead of, as at present, only a portion of the cost. [More…]
However, thanks to the pioneering of the Democratic Labor Party, thanks to the decision made by the Government parties to follow in the same strain and thanks to the final agreement of the Australian Labor Party - but only with considerable blood, sweat and tears - to recognise the electoral significance of this question, we reached a stage some time ago when it could be claimed and it was claimed that all parties were in favour of justice or aid for independent schools. [More…]
I have no doubt that if the system, as practised in South Australia under the Dunstan Labor Government, were brought into being in the Commonwealth sphere by a Whitlam government it would destroy the whole principle of justice which has been evolved under the present Government. [More…]
It offered no justice to the independent schools and it had given them an amount of money which could be described only as humiliating while at the same time concentrating the immense volume of money available for education on government schools. [More…]
Then he saw to it that the amount of money that it received to operate was such that independent schools were almost completely denied justice. [More…]
In other words, he destroys the principle of fairness and justice which ought to be the basis of any arrangement in regard to these schools. [More…]
It is doing what it believes is right and proper in terms of justice and assistance to independent schools. [More…]
In view of the appointment of Mr Justice Kerr as Chief Justice of New South Wales, will the Minister for Health advise whether there will be lack of continuity in the New [More…]
I recall that I made a statement in the Senate announcing the appointment of Mr Justice Kerr to conduct an inquiry concerning items 1 and 4 of the schedule in respect of general practitioners in New South Wales. [More…]
After holding a preliminary meeting Mr Justice Kerr was appointed by the New South Wales Government as Chief Justice Designate of that State. [More…]
Consequently Mr Justice Mason was appointed to take over the inquiry from Mr Justice Kerr. [More…]
I am very happy to be able to say that we were able to appoint Mr Justice Mason to take over the inquiry. [More…]
Mr Justice Mason yesterday held the second meeting of the inquiry, on the day on which Mr Justice Kerr would have held his second meeting. [More…]
I am not completely sure of that, but I think that was the timing planned by Mr Justice Kerr- [More…]
I do not anticipate any delay in Mr Justice Mason’s taking any evidence that he wishes to take, interviewing witnesses he wishes to hear and making a report to the Government. [More…]
There may be a variation of a day or two but, in general, I do not anticipate any significant alteration of the timing from the original proposal for Mr Justice Kerr to report to the Government at the end of April. [More…]
I know that Mr Justice Mason will be doing everything possible to get his report to the Government as quickly as possible. [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…]
Can he indicate to the Senate what action will be taken to deal with the pay dispute and what steps he proposes to take to ensure some relativity and some justice to the lower paid employees? [More…]
When the honourable senator talks about disputes with technical air crew he will understand that in the end these are referred to the Flight Crew Officers Industrial Tribunal - Mr Justice Coldham - which deals with the disputes. [More…]
Mr Justice Kerr has been promoted to another position, but about 7 or 8 months ago he recommended that the Canberra allowance be raised to $22 a day. [More…]
Is the Minister aware of the statement made by Mr Justice Fox in the Australian Capital Territory Supreme Court on 16th February 1972 in which he criticised the serious under-staffing of the Social Welfare Branch of the Department of the Interior. [More…]
An increase in staff had been in train for some time when Mr Justice Fox made his comments. [More…]
With all due respect to the honourable gentlemen who comprised the committee headed by Mr Justice Fox, as the Attorney said, different people have different approaches. [More…]
The authorities in Western Australia advise me that, under the Liberal Party-Country Party Government in Western Australia, the terms and conditions for the release of prisoners were very restricted and that the then Minister for Justice would not agree to any liberalisation of them. [More…]
If we want to argue about the need for an equal sense of justice I have a file of correspondence between myself and the former Minister for Immigration, Mr Lynch, which relates to a Spanish migrant whom the Department would not naturalise. [More…]
He looks to the Australian law for justice. [More…]
I think that Senator Mulvihill did not do justice to the broad plea which he is making. [More…]
I can only say in conclusion that the lactic used by Senator Keeffe is a tactic which ought to be disowned by his colleagues because they have made some play from time to time on the claim that they believe in certain standards of justice. [More…]
reasonable basis, in the knowledge that justice must be done on all sides but having in mind the public interest and the interests of Australia. [More…]
The Government is imposing new restrictions which will prevent Commonwealth public servants from taking ordinary and traditional steps to obtain industrial justice. [More…]
In these situations what else do you think the unions would do but engage more actively in campaigns to secure wage justice? [More…]
I am not suggesting that it is justice. [More…]
Senator Sir KENNETH ANDERSONWhen this inquiry was originally set up under Mr Justice Kerr - it is now under Mr Justice Mason - I thought I made it clear that I did not think it would be proper for me to be reflecting on matters which were before the inquiry. [More…]
The honourable senator should either put his question on the notice paper for answering after Mr Justice Mason has put down his report or accept my answer that 1 cannot comment at this point of time. [More…]
I have also been invited to appear on an ABC programme in relation to the matter that is currently being considered by Mr Justice Mason and I have declined, for the same reason that I have previously declined similar invitations. [More…]
Discontent will always exist in industry when a system of comparable wage justice does not prevail. [More…]
Is this justice? [More…]
The authorities in Western Australia advise me that, under the Liberal Parly-Country Party Government in Western Australia, the terms and conditions for the release of prisoners were very restricted and that the then Minister for Justice would not agree to any liberalisation of them. [More…]
or any other fine imposed under any Act in force in the said State, and any process or any other warrant or command of any Justice directed, delivered, or given to any such non-commissioned officer or constable, shall or may be executed and enforced by any other such officer or constable or his assistants. [More…]
He was a man who tried to help his fellow unionists and a man who was always forthright in putting up a genuine case for justice for his fellow workers. [More…]
In the interests of justice I ask the Minister whether he will examine the transcript of this hearing and if necessary consult Judge Hewitt to ascertain what deficiencies exist, if any, in the National Service Act which prohibit or inhibit a judge from exercising his judicial judgment and discretion based on the evidence placed before him. [More…]
is a matter of justice - that those who seek to escape scot free from their obligation in the belief that they do not have to obey the National Service Act should not be subjected to .a penalty because of the attitude they adopt. [More…]
We on this side of the House are still very concerned that although ostensibly the Government has increased the rate of repatriation pensions in the case of invalid and age pensions, it has not given full justice to all those who at the present time are receiving war pensions or are entitled to receive them. [More…]
What sort of justice is this? [More…]
It will be a club in the hands of the Government and with it the Government will try to smash down the just struggles of public servants who seek economic justice and improvements in their working conditions. [More…]
The Minister appointed Mr Justice Smithers for the purpose of investigating that claim. [More…]
I assure you, Mr President, that your justice is recognised and that I will try to walk the right rope with dire care. [More…]
A situation cannot arise in which the Government treats public servants in the way in which it intends to treat them, namely, as a separate class of workers to whom it will not give the same measure of justice as it gives to workers generally under the Commonwealth Conciliation and Arbitration Act. [More…]
All these things point to the fact that there is no intention to give justice under this Bill. [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 officeholders 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…]
It was only to be tabled, not incorporated in Hansard, but the Attorney-General (Senator Greenwood), wilh his great sense of justice- [More…]
Will he ensure that the Government will take the strongest possible action to see that those responsible are brought to justice and punished severely in order to discourage such irresponsibility in the future and to demonstrate to the vast majority of law-abiding citizens that pussyfooting with regard to the militant minority on university campuses is at an end? [More…]
The intention is in each case to insure that wrongdoers can be brought to justice. [More…]
Nevertheless the Chief Justice of Western Australia found that Trial Rocks was 12 miles from the nearest land mass of Western Australia and therefore the criminal code did not apply. [More…]
We have an instance following an opinion by Chief Justice Sir Garfield Barwick and Mr Justice Windeyer in what is known as the La Macchia case that the State jurisdiction finished at the low water mark. [More…]
But, as soon as the Senate referred that matter to the Senate Standing Committee on Health and Welfare, the Government established a private inquiry into the repatriation system to be presided over by His Honour, Mr Justice Toose. [More…]
I understand that the report by Mr Justice Toose will be presented to the Minister for Repatriation, not to the Parliament. [More…]
Noone has considered how much it has contributed to welfare or social justice. [More…]
Does the Minister not acknowledge that such an alteration to the income tax laws should be applied in justice to those people who are self-employed? [More…]
Will he make representations to the Senate Standing Committee on Constitutional and Legal Affairs to expedite its consideration of this matter as in many cases justice delayed is justice denied? [More…]
Does he acknowledge that neither justice nor equity appears to exist for those parents who find it necessary to place children in child care centres and pay fees for that service? [More…]
The inquiry was carried out at the request of the Government by Mr Justice Mason who took over from Mr Justice Kerr on his appointment as Chief Justice of New South Wales. [More…]
Mr Justice Mason has now determined that the following fees were fair and reasonable as the fees to be adopted for the purpose of the medical benefits scheme for the period 1st July 1971 to 30th June 1973: [More…]
Mr Justice Mason has, however, noted that the result of his determination would be that doctors in New South Wales who have charged the most common fee have, since 1st July 1971, in effect lost income equivalent to 10c for each surgery consultation and 40c for each home visit during almost half of the 2-year period for which the fees should apply. [More…]
Mr Justice Mason has emphasised that, if it should be decided to add a further 10c to the most common fee for item 1, thereby bringing it up to $4 for the balance of the 2-year period ending on 30th June 1973, subsequent calculations of the most common fee for the next 2-year period, that is, 1st July 1973 to 30th June 1975, should proceed as if the amount determined for the entire current 2-year period ending on 30th June 1973 had been $3.90. [More…]
The Government has given careful consideration to the determinations made by Mr Justice Mason and has decided that the following most common fees will apply in New South Wales for the period 1st July 1972 to 30th June 1973- [More…]
I ask the Minister: What are the Federal conciliation authorities doing to reinforce the attempts by Mr Justice Cahill of the New South Wales Industrial Commission to settle the dispute, which attempts by him have been specifically rejected by the newspaper proprietors? [More…]
Has the attention of the Minister been drawn to a statement by Dr Peter Arnold of the General Practitioners Society that the new medical, fees recommended by His Honour Mr Justice Mason will make little difference to doctors and that the Society has no intention of recommending to its members that they change their fees in any way? [More…]
Will the Minister agree that as far as New South Wales is concerned a great number of doctors for some time have been charging much more than the new fee determined by His Honour Mr Justice Mason and that, therefore, the patients under those doctors still will have the burden of bridging the gap between the fee charged and the refund payable? [More…]
The Chairman has put this suggestion informally to Mr Justice Kerr. [More…]
I would prefer to see them be big enough to make that apology than force a young man without resources to go to a civil jurisdiction to seek justice in this matter. [More…]
Let me take the heat out of the debate by saying that the protection of natural justice is no monopoly of anyone in this chamber. [More…]
The day we do this will be the day we do a disservice to Parliament and to natural justice. [More…]
Let there be no doubt at all that as far as I am concerned, and I hope I speak for all honourable senators on my side of the House, if any citizen in this country feels that he has been denied natural justice let him come forward, produce the evidence and we will help him to get the full recourse of justice under the law. [More…]
The Committee consists of Mr Justice Eggleston, as Chairman, Mr J. M. Rodd, a Melbourne solicitor, and Mr P. C. E. Cox, a Sydney accountant. [More…]
It is completely contrary to the British system of justice. [More…]
These laws and justice provisions have been discussed previously with the Attorney-General’s Department during the debate on the pig and dried fruits research legislation. [More…]
I mentioned at the time that one of their greatest grievances was in relation to the principle of comparative wage justice. [More…]
Secondly, no justice has been meted out to those who tried to deceive us. [More…]
In his 1971 report did Sir Richard Kirby express the urgent necessity for a new appointment of a commissioner and a further judge to replace Mr Justice Gallagher? [More…]
In his Report for the year ended 13th August 1971 the President said that the need for another Commissioner still urgently existed as well as a Judge to replace Mr Justice Gallagher. [More…]
On 23rd May 1972 Mr Justice Franki, a Deputy President of the Commission, became a Judge of the Com monwealth Industrial Court and as from the same date Mr J. T. Ludeke, Q.C. [More…]
He drew attention to the fact that the success of those claims materially defeated the ambitions of those in the less glamorous jobs in the airways industry of receiving industrial justice. [More…]
If honourable senators asked me to crystallise my main objection to this legislation I simply say this: After a prolonged national wage inquiry and after judges have determined a percentage increase that can be met by industry - I am dealing solely with wage justice now - if there were a price freeze for 6 or 8 months we would not see the flow-throughs which occur when people realise that within 3 weeks the prices of basic commodities go up. [More…]
I was in Britain when the Wilberforce report which brought justice to the power station workers of Britain was presented. [More…]
In the face of this situation we find in the legislation before us an attempt to put the clock back, as I have said, on the matter of machinery for the settlement of industrial disputes and in the matter of sanctions which the Government seeks to have at its disposal to enforce its will on working men seeking wage justice. [More…]
Those procedures are being juggled about in some endeavour to prevent flow-ons and to prevent real wage justice being done throughout the community. [More…]
They will have some effect, namely, in creating injustices in relation to small unions and groups which cannot really cope with these procedural difficulties which are being created by the Government. [More…]
The great Chief Justice Griffith referred to that section, which was then section 58, and said: [More…]
He will find that in that case the High Court - in particular, Mr Justice Fullagar, with whom the Chief Justice and Mr Justice Kitto concurred - set out in the most clear and definite terms that the trade unions which were registered organisations under this Act were, by the very section to which I have referred, made corporations under Federal law. [More…]
Are the scale of charges payable to general practitioners under the Repatriation Act also the subject of review by His Honour Mr Justice Kerr in his consideration of general practitioner charges to the public. [More…]
Those were the words of the late Mr Justice Fullagar. [More…]
They were concurred in by the then Chief Justice of Australia, Sir Owen Dixon, and Mr Justice Kitto. [More…]
If we examine the composition of the Conciliation and Arbitration Commission, I think it must be conceded that any trade union organisation and particularly the Australian Council of Trade Unions, that has been able to achieve any gains for its membership from that august body must have produced strong arguments to convince it of the justice of union claims. [More…]
It is remarkable that the trade union movement has been able to overcome some of that conservatism and has induced members of the Commission to grant some justice in respect to wage claims. [More…]
We have to refer only to the statements of Mr Justice Kirby to establish quite clearly that the trade union movement in this country has acted responsibly and has not put on strikes willy nilly. [More…]
The costs that are the cause of union members seeking economic justice are pushed up by other means. [More…]
Until that situation is corrected, this escalation of costs and prices will continue and will lead to further just demands by workers, whether they be farmers, shopkeepers or anything else, for economic justice. [More…]
The concern of the DLP, and particularly of Senator Little, is to place impositions on the worker and to complain continually about his demands for wage justice. [More…]
I would like to know how it has come about that an error which was evident in a case heard in 1959 by the Full Bench of the Commonweal th Industrial Court, constituted by Chief Justice Spicer and Justices Dunphy and Morgan, has taken until 1972 to be corrected. [More…]
I say that because Mr Justice Kirby, President of the Conciliation and Arbitration Commission, in his 1970 report to the Parliament commented on the need for 2 additional commissioners to be appointed. [More…]
In his 1971 report did Sir Richard Kirby express the urgent necessity for a new appointment of a commissioner and a further judge to replace Mr Justice Gallagher? [More…]
In his report for the year ended 13th August 1971 the President said that the need for another Commissioner still urgently existed as well as a judge to replace Mr Justice Gallagher. [More…]
On 23rd May 1972 Mr Justice Franki, a Deputy President of the Commission, became a judge of the commonwealth Industrial Court and as from the same date Mr J. T. Ludeke, Q.C. [More…]
In August 1970 Mr Justice Kirby had reported that there was a need for 2 commissioners if the Commission was to operate properly. [More…]
Was that the reason in 1970 why we could not fill the position that Mr Justice Kirby said should be filled so that the Act could be properly administered? [More…]
A factor which we have to bear in mi’nd very carefully is the justice of the remuneration which is given in the public sector in comparison with that received in the private sector. [More…]
We ought not to have the profession so divided and so fragmented that it is an encumbrance upon the proper administration of justice and a very great inconvenience and cost to the public. [More…]
We feel that if there was a responsibility on the Parliament to interfere with the recommendations of an independent tribunal and to reject the wage levels that were suggested for top public servants 6 months ago - those public servants are in exactly the same category as these conciliation commissioners - the position of commissioners should not be placed before the Parliament until the whole issue is brought before the Parliament and justice is done for all. [More…]
If it was right to penalise some people in the interests of setting an example to the community in relation to wage restraint, I believe we should be consistent and continue with that approach until we feel that the danger of inflation has abated to such an extent that complete justice can be done to all. [More…]
But I believe - I can only stress it strongly - that there ought to be a responsiblity in the Senate, as one of the two Houses of Parliament, to recognise that the conciliation commissioners are entitled, as a matter of justice, to have an increase in their remuneration. [More…]
If the Senate has asserted - it has so asserted, and I agreed with the assertion - that the salaries pf statutory office holders should be fixed by the Parliament and not by the relevant Minister or by administrative action, there is a correlative obligation to ensure that we do justice and do not wreak petty vengenance - if that is what it be - on the Government by denying conciliation commissioners that to which they are entitled. [More…]
But let us recognise that plain justice entitles persons who have not had any salary increase in 4 years, in a job that was well but not highly remunerated in 1968 and at a level to which no exception was taken at that time by the Labor Party, to an increase over the intervening 4 year period. [More…]
I think it is a matter of justice. [More…]
While there is no justice in the conciliation commissioners not having received a salary increase for 4 years, where do we start imposing this restraint? [More…]
What kind of justice is it when we discriminate against a small number of people? [More…]
Where is their justice when a handful of people are picked out and punished? [More…]
I challenge members of the Labor Party to say that, as a party, it will accept Mr Justice Kerr’s recommendations in full. [More…]
Justice for the workers, my foot. [More…]
The Attorney-General (Senator Greenwood) referred to the matter of justice. [More…]
I suppose everybody can make a decision as to what is justice. [More…]
We all have our views on what is justice, whether it be in relation to wages, salaries or something else. [More…]
I might think that as a matter of justice I should be getting 3 times what I am getting now. [More…]
Another person might think that as a matter of justice I should be getting half of what I am getting now, as that is all I am worth, and that person may be right. [More…]
So I do not think that this reference to a matter of justice is an argument that convinces me. [More…]
There must be some reasonable relativity and some justice across the board. [More…]
It is not the right way to correct the injustices that exist, after we in December made clear our point of view that there had to be a proper relativety amongst the salaries of these people, by presenting a Bill of this kind and apparently another Bill which is to be debated. [More…]
There should be justice right across the board. [More…]
There ought to be wage justice for the conciliation commissioners. [More…]
Wage justice is long overdue, not only in relation to the people I have mentioned but also in relation to the ordinary worker who has just been granted $2 a week by a decision of the Conciliation and Arbitration Commission. [More…]
1 suggest that it aggravates and points up the inequity and injustice of the situation that we should be faced with a proposition that we increase the salaries of conciliators from $9,500 to more than $16,000 and increase the salaries of conciliation commissioners by some $3,000 or $4,000. [More…]
I appeal to those honourable senators to use their sense of honesty and justice again. [More…]
In the meantime Mr Paul Fox languished in gaol, I demand of the Attorney-General, as a matter of justice, that he use every means at his disposal to have Paul Fox released from gaol forthwith. [More…]
I am one who does not always give compliments easily to the judiciary, but I say that under the existing Act Mr Justice Robinson played a notable role in the way in which he alternated meetings with the union and with the New South Wales transport department representative. [More…]
I put to the Minister that whatever we may say, no Act is perfect, but at least under the old Act Mr Justice Robinson was able to adopt an extremely flexible role. [More…]
Will what we have heard tonight shackle Mr Justice Robinsons of the future? [More…]
Did evidence provided last week by the Federal Secretary of the Merchant Service Guild, Captain Benson, disclose that the ‘Texaco Scandinavia’ lacks a permit to operate in the Australian coastal trade and can be termed a ‘maritime maverick’; if so, would the acceptance of this evidence have avoided the need for Mr Justice Franki to reach a similar conclusion. [More…]
In hearings before Mr Justice Franki, a Deputy President of the Conciliation and Arbitration Commission on 2 1st February, Captain Benson, Federal Secretary of the Merchant Service Guild, alleged that the tanker ‘Texaco Scandinavia’ was operating illegally in the Australian coastal trade because it did not have a licence to do so. [More…]
Has the AttorneyGeneral’s attention been drawn to the judgment given yesterday by Mr Justice Eggleston in relation to resale price maintenance? [More…]
When it was objected to by Senator Murphy that the client for whom he was appearing had not been given natural justice because no evidence of the charge that had been laid against him had been produced, His Honour stated: [More…]
We cannot do justice now to what Senator Rae has suggested. [More…]
If good books can influence human beings in favour of good living and high causes - like the liberation of the oppressed or inter-racial justice- the converse logically applies, that bad books can stimulate the mind and imagination in ways that are socially baleful. [More…]
Mr Justice Jenkyn is a judge who sits regularly in the matrimonial causes jurisdiction in New South Wales. [More…]
Mr Justice Jenkyn listened to cases in the new Family Division of the High Court of Justice and he discussed the operation of the new Act with the President of the Family Division and his brother judges and also the Registrar of the Court. [More…]
On his return to Australia Mr Justice Jenkyn made his report to me. [More…]
Are the scale of charges payable to general practitioners under the Pensioner Medical Service also the subject of review by His Honour Mr Justice Kerr. [More…]
It is with very great regret that I have to inform the Senate of the death on 7th July last of Sir Owen Dixon, a former Chief Justice of the High Court of Australia, at the age of 86 years. [More…]
In 1926 he became Acting Justice of the Supreme Court of Victoria and in 1929 he was appointed as a Justice of the High Court. [More…]
He was Chief Justice of the High Court from 1952 until his retirement in 1964. [More…]
For 12 of those years, he was Chief Justice. [More…]
1 trust that the portrait of Sir Owen which hangs in one of the lobbies of this Parliament the only portrait I can recall hanging in these halls of a Justice of the High Court who was not at some time a member of this Parliament - will be transferred to a more public position so that those who see it and who may not know may ask who this man was. [More…]
He was at no time a member of this Parliament, but he was a great Chief Justice of the High Court of Australia in which is reposed the judicial power which the Constitution establishes. [More…]
His work as a member of the High Court over a period of some 35 years, for 12 of which he was Chief Justice, has left an indelible impact on the development of Australian constitutional law. [More…]
On the occasion when he was sworn in as Chief Justice he said that the function of the High Court in constitutional matters was to interpret a constitutional description of power or restraint upon power and to determine whether a given measure falls on one side of a line or on the other. [More…]
Chief Justice Parker of England, Lord Chancel-‘ lor Simmons and judges of the Supreme Court of the United States of America have gone on record to say that he was acknowledged as pre-eminent as a jurist of the English-speaking courts of his period. [More…]
But I venture to say, Mr President, in the presence of my fellow senators that it was in application of these principles to our own specially important Constitution that the late Chief Justice made his most substantial mark and contributed to the building of a body of doctrine which, in my assessment, will stamp his as an era of exposition superior in importance to the great constitutional decisions of the Stuart period. [More…]
It is with the memory of a character exalted and revered in the highest degree that every honourable senator in this place pays tribute to the late great Chief Justice of our High Court. [More…]
This appears to me to be quite possible and the Commonwealth would thereby do itself great justice. [More…]
If so, when does the Minister expect to be able to announce the names of the other members of the committee of inquiry to be chaired by Mr Justice Asprey? [More…]
Knowing the temper of some of my colleagues and friends in State forestry services and the State Ministers responsible for forestry, I would think that there will be very considerable resentment that this has been set to one side for a series of observations and comments that they will believe are not necessary and which do them less than justice. [More…]
Mr Justice Meares by my colleague the Minister for Shipping and Transport is to advise on theroad accident situation in Australia and to report on fundamental causes and ways and means of reducing the road toll. [More…]
In replying to Senator Cavanagh I expressed the personal opinion that the provision of artificial limbs to persons eligible under Repatriation legislation would be within the terms of reference of the Enquiry being conducted by Mr Justice Toose. [More…]
I understand that the general principle is that, in circumstances such as those raised by Senator Cavanagh, where a question arises about the matter being within the terms of reference of the Independent Enquiry, Mr Justice Toose is prepared to hear argument from the person concerned. [More…]
In view of the report by Mr Justice Kirby in August 1970 of vacancies for industrial commissioners, were any advertisements to fill the vacancies inserted in any newspaper between 1970 and June 1972 as referred to in an answer given to me last Thursday? [More…]
I do not think it is altogether appropriate to equate the need in the legal area to something approaching a national health scheme, but 1 do believe that justice should be available to everybody and that it should not be denied because of lack of means to assert rights before the courts. [More…]
Equally and finally, as the fourth objective of the whole Budget conspectus and general view of what should be done, there has been the introduction of measures having merit on the ground of social welfare, justice and equity. [More…]
That is the sort of justice which the Liberal Government has allowed to continue throughout the whole time it has been in power. [More…]
Where is the justice in these so-called taxation deductions? [More…]
There is no authority in Australia to which these Cortina owners could go to receive justice. [More…]
There has been issued recently a pamphlet which also deals with injustices to black people. [More…]
There are only 4 or 5 pages in this document entitled ‘What Hope Justice?’ [More…]
By the time such a child is 20 is it not better to be a prostitute than be raped again - at least she might get a bottle of beer for her agony - she certainly will not get justice. [More…]
The reason why I and other members of the Opposition have no confidence is that when we turn to the detailed inquiry that was conducted by Mr Justice Nimmo we find that among his recommendations was the proposal that the whole concept of health insurance should be transferred from the Commonwealth Department of Health to a national health insurance commission of 5 members. [More…]
If honourable senators opposite say that this is socialism, are they saying also that Mr Justice Nimmo is a socialist? [More…]
The point that I am making is that if we talk about law and order and social justice what we propose should be what law and order and social justice are meant to be. [More…]
As for the famous $1.20 Which is mentioned in the Budget, I will wait to see the findings of Mr Justice Nimmo which at least will be a halfway house towards getting social justice in the area of medical and hospital coverage. [More…]
A scheme which at one time is sufficient but then becomes deficient can be rectified by advice, decision and justice. [More…]
As to whether or not Scientology is a religion, Mr Justice Anderson, as he now is, who conducted the inquiry into Scientology in 1965, said quite explicitly that it was not a religion. [More…]
Lord Justice Denning in a case concerning Scientology in Great Britain within the last 2 years said that as far as he was concerned Scientology was more a philosophy than a religion. [More…]
How often has a visiting Justice attended the Darwin gaol in the past 12 months? [More…]
Is there a regular timetable set down for a Justice to visit the gaol? [More…]
I suggest that the inquiry into the taxation system, which is to be conducted by Mr Justice Asprey, might consider the possibility of abolishing the present system of concessional tax deductions, except for those deductions which directly benefit families. [More…]
I regret that the Acting Leader of the Government (Senator DrakeBrockman) did not see the justice of our claim and of the gesture by Senator Carrick. [More…]
I have seen statements attributed to Mr Justice Fox, but I do not know that Senator Murphy’s description of those statements is the one that I would use. [More…]
I think Mr Justice Fox expressed surprise at the increase in the crime rate in the Australian Capital Territory. [More…]
The decisions of the United Nations ought to be accepted by all if we are to have peace and justice. [More…]
If they -cease these dreadful atrocities against’ each other we may get peace, justice, decency and a chance for life for the people- there who are suffering while the persons responsible allow the atrocities to. [More…]
.Their act is to be deplored by every justice minded person. [More…]
Indeed, Mr Justice Fox who delivered the leading judgment concluded the latter part of his judgment with these words: [More…]
That is a clear statement from the judgment of Mr Justice Fox. [More…]
Before completing my speech 1 wish to make reference to a question that I asked of the ‘: Attorney-General (Senator Greenwood) today about the need for British justice to be available to every Australian citizen regardless of social or economic status or age. [More…]
It is for that reason that I make the suggestion that perhaps some sort of insurance scheme would make it possible for people to feel that British justice is within their reach. [More…]
“Producers should unite more and demand that justice be done.’ [More…]
I wish that it had been declared so that we could get justice for some of these young men who have returned from it. [More…]
For many years successive governments have endeavoured to find a way in which to do justice to the needs of pensioners and at the same time provide a national retiring allowance on a basis which would not discourage prudent saving during a lifetime. [More…]
It is dispersed over the whole continent, particularly the eastern part, and is very active in its attempts to secure some measure of educational equity and justice for children in these parts of Australia. [More…]
Mr Justice Fox said: [More…]
That was the decision of Mr Justice Fox, the senior judge of the Supreme Court of the Australian Capital Territory. [More…]
The other aspect of the judgments to which I will refer is what was said by Mr Justice Blackburn and Mr Justice Connor who, in a separate judgment, concurred with the view expressed by Mr Justice Fox. [More…]
There are many questions concerning the whole body of law in the Australian Capital Territory - of course, this is what Mr Justice Blackburn and Mr Justice, Connor referred to - which have to be clarified if there is to be orderly government in this Territory. [More…]
If there is any feeling that the honourable senator has suffered an injustice, the only way to rectify the situation is by granting an extension of time to the honourable senator when the debate on the Budget resumes. [More…]
In view of the matters that I have put before the Senate tonight I hope that there will be sufficient honesty and sense of justice in the Government to give sympathetic and generous consideration to my suggestion that Senator Georges be permitted to continue his remarks in the Budget debate. [More…]
That to obtain justice among peoples, world financial and trading systems can and must be changed. [More…]
In the Supreme Court, 2 pleas in criminal matters that were listed before Mr Justice [More…]
A claim for civil damages before Mr Justice Franki in the Supreme Court was adjourned until 11.30 this morning to enable settlement negotiations between the parties to take place. [More…]
I ask: What provision is being made for persons such as the one who appeared before Mr Justice Meares today and made a habeas corpus application? [More…]
Some mention has been made of Miss Russell and the application which was made to, I think, Mr Justice Meares of the Supreme Court of New South Wales this afternoon. [More…]
I ask the Attorney-General (Senator Greenwood) who is in charge of this Bill: In the light of what has been said in this debate about the dire effects on the administration of justice in the Australian Capital Territory, if this Bill is not passed - the effects on civil rights and on the administration of the criminal lav? [More…]
It would be an impossible task to seek out everybody and, following the Opposition’s view, to do justice to them on the basis that they were unlawfully convicted, fined or imprisoned. [More…]
Surely justice will be done to these individuals only if they are not prosecuted. [More…]
As a proposition in total justice it seems to be the only reasonable and prudent course that can be followed. [More…]
Indeed, a book issued by the Quakers entitled ‘The Struggle for Justice’ points out that the number of people convicted and dealt with under the criminal law is a minute fraction only of those who commit offences. [More…]
We want to see this problem solved, but we want to see it solved within a framework of respect for the high principles of civic justice and civil liberty for which we on this side of the chamber stand and to which honourable senators on the other side of the chamber constantly pay lip service. [More…]
But perhaps the clearest statement of this principle is to be found in Kidmans’ case, decided by the High Court, in which this expression of opinion is given by Mr Justice Higgins: [More…]
Quite rightly, and in full justice to him, Senator Wheeldon believed that no member of the Australian Labor Party felt that his conscience extended to being concerned about such a matter. [More…]
I hope that Labor senators will at least do me the justice of listening to my reasons, even when I state that I am prepared to concede that undoubtedly as a result of the legislation there will be changes in the legal position in which some people may find themselves. [More…]
When the case was before Mr Justice Fox,” he pointed out that the Commonwealth had at all times had power on 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 particlar 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…]
Because they are black and have been deprived for more than 200 years, in true colonial style, every member on the Government side - there is no exception - is prepared to continue to deprive them even of the right to demonstrate for what they believe to be justice. [More…]
I think that the honourable senator’s ques tion arises from a prejudiced viewpoint which I feel does not do him justice. [More…]
Yesterday that trial was adjourned for a month because justice could not be given to those on trial because there had been so much publicity. [More…]
Whilst these matters may arise certainly in the near future if a certain motion proceeds today, I think it is incumbent upon this Senate to recognise that justice in this country is to be found in the courts of the land and in the rights which individuals have to be tried by judge and jury in an atmosphere in which they get a fair trial and thai Parliament should not seek to usurp the role of the courts and to pass judgment on the basis of supposition, assumption and suspicion. [More…]
I am alarmed if Senator Murphy is seeking to assert as a principle what he said today because it is a negation of all that he has said in the past, of the rule of law and of that justice which we on this side would ever seek to uphold. [More…]
It is encumbent upon Australia, as it would be upon any civilised country, to see to it that there is an inquiry into those allegations so that it may either clear its name or take appropriate action to ensure that justice is vindicated and that international law is vindicated. [More…]
The intention is in each case to insure that wrongdoers can be brought to justice. [More…]
I think every person here has a healthy suspicion that the Attorney-General - not only from what has been said but by his behaviour and demeanour in this Senate - certainly does not want to investigate and prosecute these terrorists, as I think the rest of the people would want their activities to be investigated and the terrorists brought to justice. [More…]
This basic obligation was well established by the International Court of Justice in 1949 in the Corfu Channel case. [More…]
The Minister of Justice, Vujcic, who sat close to the tribune, jumped up and seized Racic’s right hand, but Racic hurled him back and simultaneously fired at Pernar- [More…]
There is an urgency about finding the criminals and bringing them to justice. [More…]
It should be the endeavour of each and every one of us to assist the Commonwealth and State police to bring these people to justice and to expose them to the full rigour of the law. [More…]
Is there not room in this country for a Press Council such as the one that exists in New Zealand for the purpose of giving justice to people whose views are incorrectly reported or are even not reported? [More…]
Firstly, I refer to the emotional issues which involve justice to Aborigines and the right of Aborigines to protest effectively by using the area in front of Parliament House. [More…]
Indeed, Mr Justice Fox made it quite clear that in his judgment the campers had no right to camp on the land. [More…]
The other justices comprising the Court endorsed His Honour’s views. [More…]
As my colleague Senator Wilkinson interjects, that will be the time when there will be justice. [More…]
But in the short life left to it I suggest that it make available a little justice for them. [More…]
It will be just a little because the Government is incapable of making available large quantities of justice. [More…]
In our desire to try to give social justice to the Aboriginal people we moved at one stage to a position of paternalism, and that nas now been discovered to be an approach which is highly undesirable. [More…]
Nevertheless, he was giving us the facts and I feel that in sheer justice to him I. should give the facts that I know. [More…]
But because of the gerrymander which existed in that State for many years, we were not able to form a government until Mr Steele Hall, who believes in electoral justice, introduced an electoral redistribution after the 1968 elections. [More…]
But in 1970, after the redistribution, with a lesser percentage of the overall vote than we received in 1968 we went back into Government with a majority of 7, because there was some sort of electoral justice. [More…]
The principle of British justice is that a man is innocent unless he is proven guilty. [More…]
If any member of the Labor Party knows anything about particular acts of violence let him say so, otherwise he should not do harm to justice by alleging things of people without any facts. [More…]
Senator O’Byrne is not the only person’ who revealed that all this fine talk about the rule of law and great principles of justice which we heard last week is just a facade. [More…]
That principle is that it is our system of justice that every man is presumed innocent until he is proven guilty. [More…]
My question is directed to either the Minister representing the Minister for External Territories or the Attorney-General, whoever is the more appropriate, or to both of them in their respective capacities, lt concerns the public outcry in Papua New Guinea about telephone tapping and eavesdropping by public officials in connection with the administration of justice and the reports that even the conversations of lawyers with their clients have been telephone tapped, to use the ordinary expression, and that there seems to be no law to prevent this or, if there is, that it is not being enforced. [More…]
Then, when the Senate Standing Committee on Health and Welfare had repatriation referred to it for investigation - I might say that it is not doing a bad job - the Government decided that it would appoint Mr Justice Toose to carry out an independent investigation. [More…]
I know from the evidence I see from day to day that many ex-servicemen receive less than justice from this Government because it is prepared to be less than generous in interpreting the Repatriation Act. [More…]
Even a former Prime Minister of the present Government, only a few days ago, said that the Repatriation Act ought to be amended to see that such people receive some sort of justice. [More…]
How often has a visiting Justice attended the Darwin Gaol in the past 12 months. [More…]
Is there a regular time-table set down for a Justice to visit the Gaol and, if there is no regular time-table, what is the reason for the situation. [More…]
In the 12 months ended 31st August 1972 a visiting Justice attended on 10 occasions. [More…]
A Justice should visit the Gaol at least once a month. [More…]
Temporary absences of the Justices from Darwin have prevented compliance with this requirement. [More…]
The appointment of additional Justices to the panel is being considered. [More…]
Is it in a position to check on any blurred spots to see that justice is done? [More…]
Already it hits had appointed as its Chairman the honour able Mr Justice Kenneth William Asprey, Q.C., a judge of the Supreme Court of New South Wales. [More…]
Does the Government intend to continue with the inquiry into income tax; if so, when does the Treasurer expect to be able to announce the names of the other members of the committee of inquiry to be chaired by Mr Justice Asprey. [More…]
In addition to the Chairman, Mr Justice Asprey, the members of the Committee are: [More…]
In view of the report in August 1970 by Mr Justice Kirby of vacancies in the numbers of Industrial Commissioners, were any advertisements to fill the vacancies inserted in any newspaper between 1970 and June 1972 referred to in an answer given to Senator Cavanagh on 14th August 1972. [More…]
Let me put it this way: Just as Mr Justice Moore played a vital role in the recent oil dispute, will there be a Mr Justice Moore at the Commonwealth level to save the Boyd Plateau? [More…]
It is headed by Mr Justice Asprey and I think it will have an immense amount of work to do. [More…]
The Chief Justice, Sir Garfield Barwick, said in the course of his judgment: [More…]
If there is an infringement of justice in relation to someone who holds an Australian passport, there should be an inquiry. [More…]
However, something that does not accord with our system of justice may have happened. [More…]
Does the Minister agree that because of the increased numbers of working women with children who have to be cared for, such a change in the law would be greatly desirable in the national interest as well as in justice to working mothers who relieve the community of social service payments? [More…]
If so, will he immediately call a conference with the object of effecting comparative wage justice? [More…]
Is this justice? [More…]
One can gain from the tenor of reports in the Press that Mr Justice Gowans’ judgment was that the takeover code was less than fully effective to protect the rights of investors and that possibly, as a result of that, some investigation could be make as to whether there should be amendments. [More…]
I hope that the Senate Committee and the committee headed by Mr Justice Asprey will be looking at this and at the anomalies which create hardship and will cure those anomalies and thereby do away with hardship. [More…]
The basis was justice, equity and relief of hardship for people involved in these situations. [More…]
The question that we have to ask ourselves, as senators elect, is this: What justice is in it? [More…]
Is there any justice in forcing a person to sell property or to forgo other benefits under a will merely so that the Commonwealth gets its pound of flesh? [More…]
Mr Justice Mason, who conducted the inquiry [More…]
He conducted the inquiry instead of Mr Justice Kerr who went to another place - reported to the Government in May and, as a result, consultation fees and benefits were increased in all States from 1 July 1972. [More…]
Besides putting Into effect Mr Justice Mason’s recommendation for N.S.W., this decision of the Government represented an increase of about 6 per cent to general practitioner fees for consultations and home visits for all other States from 1 July 1972. [More…]
The Senate does itself no justice, nor does it do justice to the Parliament or to the electorate, when tempers become heated and matters tend to get out ot control. [More…]
Therefore the money that is made available must be distributed so that it gives justice to the poorer people who do not get the opportunity that the wealthy people get. [More…]
He is asking for justice. [More…]
Only a change of government on 2nd December will bring justice to this group of people. [More…]
Anyone who wants to appreciate the problems which are involved in Aboriginal affinity with the land has only to read the judgment of Mr Justice Blackburn in the Nabalco case to understand that Aboriginal concepts of relationship to land and affinity with land are completely different from the land use to which we as Australians have become accustomed. [More…]
Honourable senators will recall that earlier this year I tabled a report by Mr Justice Jenkyn of the Supreme Court of New South Wales, who had spent some time in England observing the working of the new divorce ground of irretrievable breakdown of marriage. [More…]
J regarded Mr Justice Jenkyn’s report as a useful document that would assist persons who wished to engage in public debate on the merits of the English Act. [More…]
Honourable senators 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, the Minister for Education and Science (Mr Malcolm Fraser) announced that Mr Justice W. B. 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…]
Any such increases will, of course, require a Government decision on Mr Justice Campbell’s recommendations. [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…]
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 inquiry into academic salaries in universities that is being conducted by Mr Justice W. B. Campbell of the Supreme Court of Queensland, as 1 stated in my speech on the previous Bill. [More…]
The Committee has recently reviewed the progress made on the drafting of the report - which, I am happy to say, is considerable - before deciding whether it could be brought to a stage which would do justice to the subject and be suitable for presentation. [More…]
When it is a question of justice and a question of carrying out the pledges made by my Party, I indicate, as 1 did previously, that we act consistently, and we are moving to remove this excise altogether from the wine industry. [More…]
The Committee firmly believes that to do otherwise would result in an unsubstantiated and ill-informed report which would do rather less than justice to the important task with which this Committee was charged by the Senate. [More…]
Wilh the full support of the Chief Justice, the Government has decided that it should follow the alternative course, which is available under the Constitution, of investing State Supreme Courts and the Supreme Courts of the mainland Territories with original jurisdiction in certain additional federal matters in respect of which the High Court now exercises original jurisdiction. [More…]
administration of justice in the States in additional expenditure, perhaps in the provision of further accommodation and even in further appointments to the judiciary - no doubt the Commonwealth will foot the bill - that the States were not consulted as to their preparedness to accept the whole proposition. [More…]
Inhis 1971 report did Sir Richard Kirby express the urgent necessity for a new appointment of a commissioner and a further judge to replace Mr Justice Gallagher? [More…]
In view of the report in August 1970 by Mr Justice Kirby of vacancies in the numbers of Industrial Commissioners, were any advertisements to fill the vacancies inserted in any newspaper between 1970 and June 1972 referred to in an answer given to Senator Cavanagh on 14th August 1972. [More…]
The corollary of this was not only whether justice was being done or appearing to have been done, but also whether all the conciliation commissioners were fit enough to be mobile and available to settle disputes. [More…]
I believe that the Senate can do itself more justice if in the future we deal with Estimates Committees as the Senate as a whole proposed we should. [More…]
I think it is fair to admit that there is an element of justice in what he said. [More…]
Justice Street. [More…]
I do not see how honourable senators opposite have any claim in justice or equity to say that this Bill is being rushed or that it is not necessary. [More…]
But I think that in the process it would not be bad if just a little attempt were made to see that there was some justice in the argument. [More…]
But I can hold out no hope whatever to the honourable senator that any kind of decency or justice can be expected of that regime in view of its very much greater crimes against the majority of the population in that country. [More…]
Has the Government begun proceedings before the International Court of Justice in respect of such tests? [More…]
It might be pointed out that the bringing of proceedings in the International Court of Justice to settle the legality of the tests should not be interpreted as an unfriendly act justifying any rupture of relations between the 2 countries. [More…]
Considerations of fairness, justice, humanity, decency and proper administration of the law called for reform of the procedures under the rules which had been described by learned judges as being far too complex, far too costly and undignified. [More…]
Later Sir Isaac Isaacs, Chief Justice of the High Court- argued that the result of these amendments was not an absolute prohibition for altering boundaries except with the consent of the electors. [More…]
But under the pressure of Mr Bjelke-Petersen, the Democratic Labor Party and misguided senators here tonight, this problem will not be resolved until Papua New Guinea takes it to the International Court of Justice. [More…]
If 4 weeks annual leave is to be granted to only some employees, lel it be granted on a basis which is understandable and which has some justice to it. [More…]
There is no merit or justice in simply saying that members of unions shall have 4 weeks annual leave and people who are not members of unions shall have only 3 weeks annual leave. [More…]
If any Government supporter is prepared to assert that there is justice in that proposition, 1 am sure that not only this Senate bur the people of Australia will be interested to hear what curious collection of words can justify such discriminatory treatment. [More…]
I can just imagine the noise of protest which would resound throughout Australia about the discrimination and the lack of justice in such a proposal. [More…]
As I see it, it Should apply on an even-handed basis - equally fairly and with justice right across the board throughout the public service. [More…]
Do honourable senators opposite consider that that is justice? [More…]
Prime Minister has indicated, that in certain events an approach will be made to the International Court of Justice. [More…]
this respect’ presented by .His Honour Mr. Justice Nimmo as’ representing an across the board attitude which meant that the reserves of the funds should- absorb increasing - costs. [More…]
For the information of honourable senators 1 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 Broken Hill Pty Co Ltd and Australian Iron and Steel Co. Ltd. [More…]
But no - bless your heart - Senator Bishop sits there, benign and complacent, representing a government which is so intent upon promoting unionism in the Public Service - a unionism to advocate the cause of the underdog, to see that public servants will get justice against the repressive demands of Senator Bishop and his colleagues - that we need to have preference for unionism m the Public Service. [More…]
In the course of his judgment Mr Justice Menzies said: [More…]
What a travesty of justice that the Commonwealth Government should be criticised, not for compelling a worker to join a union but for telling him: ‘If you elect not to join a union you will not get 4 weeks annual leave’. [More…]
In the policy speech delivered by Mr Whitlam last November and in the GovernorGeneral’s Speech, the need for justice and the ending of inequality is stressed. [More…]
Surely this is discrimination, not justice, and just as surely it will create inequality not equality. [More…]
Yet it has the hypocrisy to talk about justice, equality and the ending of discrimination when its policies are aimed at and directed to achieving the opposite effect. [More…]
The Australian Labor Party will foster close and continuing co-operation with the people of the United States and our Commonwealth partners to make these associations instruments for justice and peace . [More…]
Firstly, he went to New Zealand where he peddled the idea that the New Zealand Government should join with the Australian Government in presenting a joint case to the International Court of Justice. [More…]
It was introduced in Tasmania as a result of the efforts of the Chief Justice of Tasmania. [More…]
This document includes a statement by Mr Justice Selby, the Chief Judge in Divorce in New South Wales who, when speaking generally about the rules, spoke about delays. [More…]
On 8th June 1972 Mr Justice Selby said: [More…]
Senator James McClelland then asked Mr Justice Selby: [More…]
Mr Justice Selby said: [More…]
Mr Justice Jenkyn. [More…]
ls the AttorneyGeneral aware that a report on the practice of Scientology was made by Mr K. V. Anderson, Q.C., now Mr Justice Anderson of the Supreme Court of Victoria, in 1965? [More…]
I think Senator Murphy does his colleagues less than justice in raising the issue of McCarthyism in this place. [More…]
If this is the approach which the so-called Liberal Party is to adopt to the rights of individuals and to justice before the law, it. [More…]
Senator Kane could take immediate steps to get the writ set down for trial so that he can appear before a Supreme Court justice and a jury. [More…]
It would be before a Supreme Court justice and jury. [More…]
We have with us the old duo, Mr Justice Webster and Mr Justice Jessop. [More…]
What is said in the courts of justice is absolutely privileged by the law. [More…]
It is possible to poison the wells of justice before they begin to flow. [More…]
1, declares that it is highly irregular to bring into discussion, in either House of Parliament, any matters, whether they relate to criminal or civil cases, which are undergoing judicial investigation, or are about to be submitted to courts of law, as it leads to the imputation of a desire to interfere with the ordinary course of justice. [More…]
We are not doing justice to the parties to this dispute because this debate could have a vital effect on the matter when it goes before the court. [More…]
May I suggest to those honourable men that they themselves withdraw this motion because, after all, it is not a question of doing justice to any individual, whether he is a communist or not. [More…]
Justice has to appear to be done, and this has not the appearance of justice. [More…]
I appeal to the sense of justice of the Australian people and of this Senate. [More…]
Why should we bring this matter before the Senate at an earlier time than normal to canvas the issues when we know the background of those issues and when justice ought to be done to the persons concerned in the proper place for justice to be done. [More…]
Do not get me wrong on this; you will have to accept my word for it that every man is entitled to justice and justice is obtained in the courts of law. [More…]
I want to hear from the lawyers opposite, the people trained in the law and who have a belief in justice, how they can justify what they are doing tonight. [More…]
I am delighted that the privilege of introducing these historic measures in this chamber - 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…]
This mere abolition of a confession statement has been said by the judges not to relieve them of the obligation to consider whether ornot the fact is proved, as the Chief Justice of South Australia, Dr Bray, said in February of this year. [More…]
In every jurisdiction of Australian Courts, even in petty sessions and bankruptcy jurisdiction - it has been the universal practice for Court fees to be payable as some contribution by litigants to the cost of the administration of justice. [More…]
It should be considered not in the terms of hardship but of justice. [More…]
If 2 spouses each have property valued at $30,000 and the husband commits adultery and the wife is put to the cost of getting a divorce from him, in the name of God and justice, what principle, except arrogant irrationality, deprives the wife, the petitioner, of the right to recover the cost of that legal process against the husband who has committed adultery? [More…]
In my ignorance 1 said to the then Attorney-General, Senator Spicer - now Chief Justice Spicer - ‘What on earth have they put me on this committee for? [More…]
Justice of the Peace (N.S.W.) [More…]
The Chief Judge in Divorce of the Supreme Court of New South Wales, Mr Justice Selby, said in evidence before the Senate Standing Committee on Constitutional and Legal Affairs: [More…]
Mr Justice Joske, a distinguished and famous authority on marriage and divorce, in remarks which he made and has authorised me to use, referred to ‘complicated legal procedures brought about by top-heavy divorce rules’ and advised: [More…]
Chief Justice Bray has referred to the ‘cumbersome, prolix and expensive procedure’ under the former Rules and concluded: [More…]
Mr Justice Else Mitchell of the Supreme Court of New South Wales, in a memorandum to me as Attorney-General on divorce reform, said of the previous Rules: [More…]
It is our understanding that the aim of the law is to provide justice for both parties but, hopefully, this could be achieved with greater expedition and simplicity and with a consequent reduction of the anxiety many people suffer during that period between their separation from their spouse and the legal dissolution of their marriage. [More…]
Chief Justice Burbury of the Supreme Court of Tasmania, in a letter submitted to the Senate Committee, said: [More…]
Mr Justice Carmichael, of the Supreme Court of New South Wales, in the case of Hutton v. Hutton, rejected any construction of the Act imposing an obligation on the court to conduct an inquisition into bars to relief such as collusion, condonation and connivance. [More…]
The need for such reform was referred to by Chief Justice Selby. [More…]
Mr Justice ElseMitchell of the Supreme Court of New South Wales, in his memorandum to me on divorce reform, said: [More…]
Mr Justice Selby, in answer to a question by Senator Durack, quoted Chief Justice Burbury, who pointed out that the sanction ‘has no teeth’. [More…]
Mr Justice Selby said of the sanction: ‘To that extent it is quite useless’. [More…]
Mr Justice Else-Mitchell, in his memorandum, described the sanction as ‘an empty formality’. [More…]
The need for reforms of this nature was referred to by Mr Justice Selby, who, in speaking of claims for damages in the course of his evidence before the Senate Committee, said: [More…]
The unnecessary joinder of adulterers was dealt with in evidence before the Committee by Mr Justice Selby. [More…]
The desirability of removing third parties from matrimonial causes was referred to in the recommendations to the Senate Committee of the Sydney University Law Graduates Association in terms of reducing costs, bitterness, technical problems and grave injustice. [More…]
Mr Watson Q.C., on behalf of that body, endorsed the evidence of Mr Justice Selby and supported the solution offered, saying of the former provisions: [More…]
The imperative need for this reform was asserted by Mr Justice Selby in the course of His Honour’s evidence before the Senate Committee. [More…]
Mr Justice Else Mitchell, in his memorandum to me, said: [More…]
He referred to a remedial system adopted in New South Wales for assessing costs in a manner similar to that adopted by the late Mr Justice Barry in the Supreme Court of Victoria. [More…]
Mr Justice Else-Mitchell, in his memorandum to me on divorce reform, suggested as follows: [More…]
I say that I speak here tonight and I support the motion for disallowance because I believe in justice and because I believe that what is being done is a grave injustice, firstly, to this Parliament and to the principles of law making by this Parliament; and, secondly, to the community, the people who are forced to proceed under these regulations, to the judges who are sitting and to the members of the legal profession who are administering these regulations. [More…]
The test is: Has justice been done? [More…]
1 invite the Senate, to realise that when a petition is served on a respondent today - male or female - that respondent has absolutely no knowledge, except by a couple of staccato words, what the ground for divorce will be and is denied natural justice. [More…]
There is an absolute denial of justice if that information is not supplied. [More…]
Let him test this by one thing: Does this provide natural justice? [More…]
Any judge sitting at this moment in matrimonial causes under the Act should in conscience consider what Chief Justice Bray said. [More…]
Chief Justice Bray said: [More…]
In other words, one of the very learned judges, a Chief Justice, has said, and said lately - yet the Attorney-General would say that everyone is supporting him; that the angels are on his side - ‘I am administering an Act under which I have to make a discretionary judgment. [More…]
In Fact, this is what Chief Justice Bray has said. [More…]
This is the kind of principle, the kind of social justice that we are being taught. [More…]
It is the corruption of justice. [More…]
1 have said that I believe that once we are sure that there is an irretrievable, very tragic, breakdown of a marriage we should try to bring dignity, to act with speed consistent with justice and to reduce costs. [More…]
I invite the Government to take action by amending the principal Act to bring about the natural justice which the rules deny. [More…]
For instance, he said: ‘I oppose these rules because I believe in justice’. [More…]
I do not know whether he was suggesting that we on this side of the chamber believe in injustice. [More…]
So I will use one, and it is that justice delayed is justice denied. [More…]
As Senator Murphy has said, the people who have given evidence before the Senate Standing Committee on Constitutional and Legal Affairs, including the Chief Judge in Divorce in New South Wales, Mr Justice Selby, have said, amongst other things, that the discretion statement is such an abomination and such a blot on our law that it cannot disappear too soon. [More…]
Mr Justice Selby said that it should be thrown out immediately. [More…]
All of the criticisms of the other rules strike me as pettifogging lawyers’ objections, nitpicking objections, objections that do not go to any fundamental question of human justice, or human rights, or humanity or compassion. [More…]
But, in the interests of proper administration of the law and of justice, he took the trouble to write 2 articles in the ‘Sydney Morning Herald’ in the middle of last month. [More…]
Senator Murphy has made great play in his speech tonight, as he has done in answering questions in this Senate, of the views expressed by the Chief Judge in Divorce in New South Wales, Mr Justice Selby, who was the first witness and, I suppose, the most distinguished witness to appear before the Senate Standing Committee. [More…]
For once in this Senate Senator Murphy has correctly quoted the evidence of Mr Justice Selby, who advocated the splitting of the hearing of the claim for principal relief from the hearing of the claim for what is known as ancillary relief. [More…]
Mr Justice Selby’s view was that this was the former practice of the courts and that it would be a more satisfactory form of administration. [More…]
We put to Mr Watson the view of Mr Justice Selby. [More…]
Mr Justice Selby never at any time advocated that at all. [More…]
The draftsman of these rules, whoever he was - as I said I am sure he was not the Parliamentary Draftsman or anybody of any capacity in the Attorney-General’s Department - did not understand for one minute what Mr Justice Selby said. [More…]
and other lawyers oppose separate hearings for the principal relief and matters relating to custody, maintenance and matrimonial property, but there is no doubt that some of the strongest evidence which was given to the Constitutional and Legal Committee on this matter was given by Mr Justice Selby, the Chief Judge in Divorce of the Supreme Court of New South Wales. [More…]
Mr Justice Selby was quite adamant that one essential reform was the separation of the hearings for principal relief and ancillary relief. [More…]
Senator Little doubts Mr Justice Selby’s logic. [More…]
I think most people who have some knowledge of the law regard Mr Justice Selby as being a very logical judge, a man of great erudition with a very sound grasp not only of logic but also of the questions relating to divorce which come before him. [More…]
I know that Senator James McClelland has suggested that this would imply a very long and undue delay and that injustice could he caused thereby. [More…]
I see no reason why this Committee, while having before it the whole question of divorce, and having taken already extensive evidence, should not give priority to this segment of the investigation once this matter is referred to it, bring in an early report and then Government action in pursuance of that interim report dealing with this segment, if it is approved by the Senate and accepted by the Government, could proceed without undue delay; and therefore in a regular and proper way, by legislation and not by regulation, the whole matter could be resolved to the satisfaction of those who are concerned with the proper application of rules in the proper fashion and those who are determined to see that matrimonial justice will be available and will be done at the minimum cost to those who are involved. [More…]
The 1971 proposals, arrived at after the inquiry of 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 election. [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 Senate basically applies Mr Justice Kerr’s recommendations. [More…]
Mr Justice Fox of the Supreme Court of the Australian Capital Territory, the Solicitor-General of the Commonwealth - if my recollection is correct - and other distinguished members of the legal profession consulted with legal experts throughout the world. [More…]
It would be my view that it ought to sit about 2 years after the inquiry by Mr Justice Kerr. [More…]
But some of us - you, Mr Deputy President are one - represent a State in the Senate which is bigger than most of the House of Representatives electorates combined.I think that at least the Senate has achieved some form of justice there. [More…]
If I were to make some criticism of the other parts of the Bill, I would make the criticism I made to Mr Justice Kerr. [More…]
I do not think that anybody on our side quarrels with the quantum that is to be paid to the Chief Justice of the High Court and the others in judicial offices or to the Permanent Heads of departments. [More…]
Is that justice? [More…]
Is that the sort of justice for which the Labor Party stands? [More…]
We will be supporting the Bill, but we hope that justice will be done in this place. [More…]
I was about to illustrate the use made in December 1971 of Mr Justice Kerr, as he then was, as a figure to be accepted by all Australia as being of complete independence and judicial quality. [More…]
What we did on this occasion, after taking the Kerr report as a base for many things, was to come up with a figure which we believed took into account everything - the decision by Mr Justice Kerr, the cost of living, the relativity of these salaries to those of other people - and above all was a fair amount to pay to members of Parliament for the work that they are expected to do and which will encourage desirable types to fill our shoes as one by one we go out of this Parliament. [More…]
But in all those cases Mr Justice Kerr kept the amounts substantially below the amounts to be paid to the Deputy Leader of the. [More…]
So Mr Justice Kerr did not put forward the same argument as Senator Drake-Brockman. [More…]
The Government has done better than Mr Justice Kerr recommended. [More…]
But it is my understanding that Mr Justice Kerr allowed for such a situation. [More…]
I could never see the justice of that difference and I am glad to see it eliminated. [More…]
Mr Justice Kerr worked on it for about 10 weeks and still came up looking for an inquiry at the end of it. [More…]
Under the old Bill, had it been passed, and accepting Mr Justice Kerr’s report, senior Ministers would have received $13,300 and junior Ministers $9,500. [More…]
Mr Justice Woodward, Q.C, has been appointed as Aboriginal Land Rights Commissioner to report on the most effective means of implementing this decision. [More…]
Recently an inquiry was set up under a very able judge, Mr Justice Moore, of the Commonwealth Conciliation and Arbitration Commission. [More…]
I do not know how any Attorney-General with a sense of justice and a respect for human values could have taken a different view. [More…]
That is a limitation on justice and legal rights - a limitation determined by the [More…]
No one man has a monopoly of truth or justice. [More…]
Justice and civil rights are not enhanced by the Attorney-General’s tabling documents in this Parliament whereby people are named as associated with activities which we deplore when he has not taken any action to have the persons so named arrested and charged. [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…]
However, Mr Justice Connor pointed out in the Supreme Court of the Australian Capital Territory on Monday, 26th March 1973, in relation to the deportation of a Yugoslav relating to a criminal offence that the departmental summary provided from one of these organs of government was at variance in some cases with the finding of the judge. [More…]
It is a position of great responsibility because it is the pivotal point for the administration of British justice in our community. [More…]
It is the rule of law and the tradition of British justice, upheld by the Attorney-General in the prosecution of crime and by the courts in the adjudication of cases, that distinguish our system from the systems of totalitarianism and authoritarianism which Senator Murphy demonstrated so lamentably when he raided the offices of the Australian Security Intelligence Organisation with his praetorian guard of Commonwealth police. [More…]
The second point about his duty is that he guards the documents so that they will be used only in the courts of justice. [More…]
We have not merely an abuse of the evidence that Senator Murphy has obtained from the police, used for parliamentary and political purposes and not for the courts of justice, and the invasion of ASIO but also the spectacle of plain misrepresentation, distortion of facts and suppression of material files when he came to compose that statement to which we listened last week. [More…]
No Attorney-General worth his salt has ever responded to questions when his answers would tell the Parliament what was contained in a police file relating to an investiga tion that was still being developed for the purpose of producing evidence for courts of justice. [More…]
Senator Greenwood, when asked a question as to whether he had evidence, answered in the term that truly represents evidence, that is to say, evidence admissible in a court of justice, evidence of a cogency that would persuade a court of justice that the person accused was rightly accused and should be convicted. [More…]
A principle of British and Australian justice has always been that people are innocent until they are found guilty, but on this occasion in this Parliament, under privilege, the Croatian people as a group and certain individuals have been declared guilty without trial. [More…]
I had hoped that honourable senators with any sense of justice and those with some training in the law - like Senator Rae who is continuing to interject - would deal with the issues and answer them before putting forward a proposition like the one we are debating tonight. [More…]
Our system of British justice, which Senator Wright spoke about last night and which is something, of which we are proud, requires proof beyond doubt of an offence. [More…]
It is almost inconceivable that a man actuated by justice, rectitude, honesty, integrity, probity and all the other qualities that should be the [More…]
I do not think Tito is any more concerned with justice than honourable senators opposite are. [More…]
I have always accepted the adage of jurisprudence that justice must not only be done but must also appear to be done. [More…]
Is this the sort of justice that the champions of law and order will hand out when evidence is placed before them that people throw bombs into buildings and commit acts of violence and are allowed to go scot free? [More…]
On the recommendation of the so-called Minister for Justice in New South Wales no bill was filed against a person involved because he represented the same right wing terrorist groups that the Government which Senator Webster supports has been seeking to protect for a great number of years. [More…]
I wish to make the observation that honourable senators do themselves less than justice and put themselves in offence against the Standing Orders when they quote from a newspaper. [More…]
The ‘our country’ in this document is not Australia but Croatia - is suffering and groaning in the fetters of SerboCommunist thraldom, a handful of uncompromising and fanatical Croatian patriots have formed the Croatian Revolutionary Brotherhood; they were guided in their effort by the pure and decent idea of giving allout support to the liberation of the Croatian people and to the establishment of a sovereign state of Croatia, based on the principles of social justice, as so splendidly expounded in the Fundamental Principles. [More…]
The other thing I do not like is this: I do not support Burchett, I do not believe in communism at all but the Opposition members have denied him the justice that they are demanding for the Croats and they fail even to realise it. [More…]
Mr Maddison, the Minister of Justice for New South Wales, in accordance with that resolution of the Standing Committee formally requested Professor Morison to make a report in accordance with the resolution. [More…]
Subsequently, it was arranged between the New South Wales Department of AttorneyGeneral and Justice and Professor Morison that the initial phase of the inquiry by Professor Morison should consist in a review of the relevant published literature, the information sent to Professor Morison on an unsolicited basis and the files in the possession of the Department. [More…]
It was further arranged that Professor Morison should, at the completion of this initial phase, forward to the Minister of Justice a memorandum for the purpose of enabling him to consider what extension of the form of inquiry might be justified in the light of the circumstances then appearing. [More…]
Chief Justice Warren in giving judgment of the Supreme Court of the. [More…]
I say first of all, to the Leader of the Government that this amendment is poetic justice. [More…]
The summary that I quoted earlier was that of the decision of Mr Justice Douglas, in concurring with the majority decision. [More…]
I turn to the summary of Mr Justice Brennan’s decision. [More…]
That was the summary of the decision of Mr Justice Brennan, who was the first of the 9 judges to support abolition. [More…]
Mr Justice Stewart’s remarks were limited to the cases before the court. [More…]
The summary of Mr Justice White’s decision states: [More…]
White, J., concurring, stated that as the State statutes involved in the present cases were administered, the death penalty was so infrequently imposed that the threat of execution was too attenuated to be of substantial service to criminal justice- [More…]
The summary of the decision of the fifth judge, Mr Justice Marshall, a complete abolitionist, states: [More…]
Of the 5 judges I have mentioned - namely, Mr Justice Douglas, Mr Justice Brennan, Mr Justice Stewart, Mr Justice White and Mr Justice Marshall - only 2, Mr Justice Brennan and Mr Justice Marshall, said that the death penalty was completely unconstitutional. [More…]
What I am saying is that the abolitionists do not do their cause any justice by saying that the United States Supreme Court by a majority held that the death penalty was unconstitutional. [More…]
I believe that that is the way in which justice is served. [More…]
I believe that it should be retained for the murder of a policeman or a person in the service of the Crown acting in the course of, or any person assisting a policeman or persons acting in the course of, any duty involving the enforcement of the law, the maintenance of law and order or the administration of the advancement of justice. [More…]
What power has the International Court of Justice to restrain the French Government from conducting future tests. [More…]
Is it not a fact that the only lawful way in which police may enter a person’s home uninvited is pursuant to a search warrant which the law requires shall be granted by a Justice of the Peace only on reasonable grounds being shown that an offence is suspected of having occurred or that material relating to a suspected offence may be on the premises? [More…]
1 think that the legislation ought to be rectified, but 1 think that as a matter of justice it ought to be indicated that the changes were made by the Parliament. [More…]
Certainly the judiciary of this regime cannot be considered a proper authority for establishing what may or may not have happened in Estonia either under the Soviet or Nazi occupation if justice should prevail. [More…]
That example alone leads me to think that, if we are to do justice not only to this favoured class of beneficiary but to the other classes to whom I have referred and to other people in the community, further consideration has to be given to the Bill. [More…]
Unless I am very far out of touch with the Courts of justice in this country, if I were a clerk and that loss were imposed on me by the most negligent act of my employer today, my capacity to earn would be reduced to a minimal extent and I would get nothing like $21,000 in compensation. [More…]
Will the Australian Government take immediate steps to have Australian officials, including competent lawyers and interpreters, visit the man Pavolovic in gaol in Yugoslavia to explore fully whether justice has been done to him and whether he can throw any light upon the circumstances surrounding the 3 executions. [More…]
The honourable senator is aware that the Australian Government has announced its intention of going into the International Court of Justice on this matter. [More…]
lt comes in recognition of the special rights and needs of migrants in this country - justice too long denied them. [More…]
I am not referring to it in order to show whether it was a good or a bad decision; T am referring to it to show what the Chief Justice thought about someone who was found guilty of treason in England. [More…]
When Sir Walter Raleigh was found guilty Chief Justice Popham, raising both hands with the deliberation of an aged man, set a black cap on his head and said: [More…]
The Governor-General then referred to the importance of the Commonwealth of Nations as an active instrument for justice and peace and for political, social and economic advancement throughout our region as well as in Africa and the Caribbean. [More…]
I am hopeful that the proposed approach to the International Court of Justice will be successful if all other measures fail. [More…]
But if the approach to the International Court of Justice is also unsuccessful then in the name of humanity and for the sake of our unborn children, and in particular the tiny children of today we ought to take other measures, and if a ship is to sail into the area of the French explosions, I for one will volunteer to sail on it. [More…]
I wonder whether President Nixon is just as honest, just as frank, just as straightforward and just as unblemished as he is in all those matters relating to the concealment of criminals on his own staff and evading the course of justice within his own country. [More…]
I think it is true that the Senate is not doing justice to itself. [More…]
Some members of the Senate are doing less than justice to their position as representatives of the people. [More…]
The transcripts in which each person is identified have been delivered to a prominent New York attorney who was formerly counsel for the United Stales Department of Justice. [More…]
Therefore, we are preparing to initiate proceedings against France in the International Court of Justice with a view to restraining France from continuing the testing of nuclear weapons in the atmosphere of the Pacific. [More…]
He may remember that some indefinite time ago a royal commission was issued to Mr Justice Wallace to inquire into and report generally upon the tourist possibilities and organisations of the Great Barrier Reef. [More…]
I have a vague recollection that during the term of the previous Government His Honour Mr Justice Wallace was commissioned by the Government to inquire into and report upon the tourist potential of the Great Barrier Reef. [More…]
I am not aware whether Mr Justice Wallace has tendered his report to the Government. [More…]
The Minister said that this Bill is a recognition of the special rights and needs of migrants in this country and was justice too long denied them. [More…]
Justice requires that each person get what he deserves. [More…]
But I should like to think that we live in a society that can still be described as a society where Christianity prevails and, according to that doctrine, there is a greater dispensation than justice, and that is grace. [More…]
The Australian Government recognises that adjustments which are made to wages by the body set up and recognised by previous governments and this Government - I refer to the Conciliation and Arbitration Commission - to give wage justice to those who are at the bottom end of the economic scale ought not to be decried. [More…]
What any government ought to do is to recognise the justice of increases in wages to meet inflation and at the same time take measures to curb the cost of living. [More…]
There was a limit - I think ajustifiable limit - to the amount that the Government could give to any industry as a whole and therefore the amounts which were made available should have been on the basis of justice to those who would suffer the greatest disability. [More…]
It has to perform but it has to perform under the rules whereby we make the laws, or we should, after developing a very deep understanding of the purpose and the justice of them. [More…]
Whether one quotes the fictitious figure of 6 per cent for America and .02 per cent for Sweden, or whatever the figure is, if we surrender the right to defend the community, after justice and after mercy, against the ultimate criminal murderer, society just becomes cottonwool weakness unable to exert itself. [More…]
I believe that in some cases its imposition is the only way in which justice can be done. [More…]
We will have no reserve power to mete out adequate justice for these crimes of horror which are committed by animals who are not fit to live but who will be kept by the state, under supervision, as long as they choose to go on living. [More…]
That if, as some argue, the unborn child at the time abortions are performed does not constitute human life, then justice and reason demand that anyone arguing thus has the onus of proof upon him and that this onus has not been discharged. [More…]
My question, which is directed to the Attorney-General, relates to the current approach by the Australian Government to the International Court of Justice at The Hague concerning the French nuclear tests. [More…]
The honourable senator has asked extremely important questions about Australia’s relationship to the International Court of Justice. [More…]
First of all the honourable senator said that Senator Murphy asked for deferment of this matter now sought to be raised by Senator Gair, and of which Senator Gair gave notice only yesterday afternoon, for a period of 10 days until Senator Murphy returns from The Hague where he will represent Australia at the International Court of Justice to put Australia’s case against France’s desire to carry out nuclear experiments in the Pacific Ocean. [More…]
Senator Gair in the early stages of this debate said that he was accommodating an early presentation of this motion to the convenience of Senator Murphy who finds himself faced with important business of an international character concerning Australia before the International Court of Justice at The Hague. [More…]
This can be done prior to the return to Australia of Senator Murphy following his presentation of Australia’s case to the International Court of Justice.. [More…]
I am inclined to think that an attempt is being made to discredit Australia’s representative who is to present the case for the Australian people before the International Court of Justice against the French nuclear tests which will be held in the Pacific. [More…]
We had asked that it be delayed because the Leader of the Government in the Senate (Senator Murphy) is to represent Australia before the International Court of Justice. [More…]
If I can get on to this question - I hope I am appealing to the responsible members of the Opposition - I point out that we have to consider in this question whether we should seek to set up a committee for the purpose of attempting to discredit our representative who will appear before the International Court of Justice simply because some honourable senators do not think that the deaths that may occur as a result of the French nuclear explosion in the Pacific are as important as the privacy of some Croatians which may have been invaded by the raid by Commonwealth police, on their homes on that particular night. [More…]
This is a little bit of evidence from Garfield Barwick as he then was, Minister for External Affairs, who is now Sir Garfield Barwick, Chief Justice of the High Court. [More…]
Despite all the melodrama , of Senator O’Byrne, let nobody suggest, that what is sought by the motion for this inquiry would in any way militate against meting out full justice to any person in this country. [More…]
This motion has nothing whatever to do with any attempt to prevent anybody being brought to justice. [More…]
Let the Government bring to justice if in fact it has the facts. [More…]
It is a quaint circumstance, Mr President, that those who talk, purity while in Opposition, those who see things clearly with the pure eye of justice, while in Opposition, turn to corrupt the principle when in Government. [More…]
Senator Murphy and members of the Australian Labor Party recommended that a Senate committee should be used because they said that there was no more shining instrument of truth, justice and factual information than a standing or select committee of this Senate. [More…]
As this information must be freely and immediately available, from the Minister’s advisers and because its nature cannot possibly prejudice the Government’s approach to the International Court of Justice, will the Minister make it available either now or prior to his departure? [More…]
For the assistance of honourable senators I tell the Senate that Australia has pending a case before the International Court of Justice. [More…]
I do not propose to answer and I do not see that it is necessary for me to answer the honourable senator’s question prior to my departure for the International Court of Justice. [More…]
Will the Attorney-General agree that he and the Australian Government have possibly made a very grave error of judgment in that he has got the Government to agree that Australia should make an approach to the International Court of Justice at The Hague concerning nuclear testing when, on his own admission, the Attorney-General - the chief law officer of Australia - is unable to say whether the Government accepts the jurisdiction of the Court, whether it will be bound by the Court’s decision and whether it accepts the other aspects which were put to the [More…]
Following his recent appeal to the International Court of Justice in The Hague against the proposed French nuclear tests in the Pacific, will he be making a similar appeal to the International Court of Justice against the proposed Chinese nuclear tests? [More…]
I do not propose to answer questions, especially oral questions, on this matter on the eve of the case being presented to the International Court of Justice to which the subject matter of the questions relate. [More…]
I repeat that I find it singularly inappropriate - I will say no more-p-that honourable senators on the Opposition side should be asking questions about a matter of this kind which is to come before the International Court of Justice on behalf of Australia. [More…]
Let us start with the British principle of justice, the assumption that a man is innocent. [More…]
all those assertions and all those desires for justice ceased on 27th March when the Attorney-General made his speech, which was a masterpiece in political selectivity. [More…]
I think this will do full justice to the amendment. [More…]
The justice of such an amendment is obvious, and I find it difficult to understand why the [More…]
Now, next week, get up there and start to move some more of your motions, irrespective of the facts, circumstances, justice, truth, numbers, conventions, traditions or anything else. [More…]
It is to your credit that you have not lent yourself to this campaign to deny justice, rights and equality of opportunity to every member of the Senate. [More…]
Is it a fact that Mr Justice Woodhouse of the Supreme Court of New Zealand is at present in Australia at the invitation of the Government to conduct an inquiry for the purpose of reporting upon the relative practicability of establishing workers compensation, road accident compensation and other injury compensation? [More…]
Have the proceedings pf this inquiry been made known to the various State governments and is there any attempt to interest them in co-ordinating any proposals they have, especially in respect of workers compensation and road accident compensation, for submission to Mr Justice Woodhouse? [More…]
In reply to the question directed to me by Senator Wright, acting in my capacity as Minister representing the Minister for Social Security, I understand that His Honour Mr Justice Woodhouse of the New Zealand Supreme Court is in Australia at the invitation of the Australian Government for the purpose of assisting the holding of an inquiry with a view to reporting to the Government upon workers compensation, road accident compensation, third party compensation and other injury compensation. [More…]
I could not say whether there has been any attempt on the part of the Minister for Social Security to prevail upon His Honour Mr Justice Woodhouse to coordinate proposals that might come from the States from time to time on these matters, but I will refer the honourable senator’s question and suggestion to my colleague for his consideration. [More…]
My question relates to the plea which was made by the Acting Leader of the Government in the Senate that discussion of certain important matters be held over until the return of Senator Murphy who is representing Australia at the International Court of Justice. [More…]
Has the People’s Republic of China accepted the jurisdiction of the International Court of Justice? [More…]
If so, should the statement referred to by Senator Carrick that China intends proceeding with a nuclear testing program prove to be correct, will the Australian Government take this matter to the International Court of Justice with the object of preventing these tests? [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…]
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 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…]
I think that this nation should be aware of the fact that the Labor Party is not concerned with electoral justice. [More…]
It has received electoral justice for the past 23 years when it has ended up in Opposition, which is where it belongs. [More…]
What it wants to do is to give this nation electoral injustice. [More…]
Again in the United States Supreme Court, in delivering the opinion of the Court in the case of Reynolds v. Sims in June 1964, the Chief Justice said: [More…]
I have been deeply moved by the expressions that I have heard from honourable senators opposite in favour of electoral justice. [More…]
I have always understood, and it has been made very clear to me, that when a question of electoral reform arises the attitude of all parties has been not ‘Is it electoral justice?’ [More…]
I am not impressed one bit by al] the hypocrisy about this Bill being electoral justice. [More…]
The ALP, in what it has put forward, is not motivated by any ideas of electoral justice or fair play. [More…]
In this country there is no such thing as devotion to electoral justice. [More…]
There is nobody with any desire to achieve electoral justice. [More…]
Our friend says it is in the Constitution, but does not the Government believe in justice? [More…]
1 come to the question of electoral justice. [More…]
What is the system which would really give us electoral justice in this country? [More…]
He does not want electoral justice. [More…]
In relation to this matter of electoral justice, I am strongly on the side of 2 Ministers in the present Labor Government. [More…]
I think that they are on the right tram and I honour them because they realise that what is being put in this Bill is not electoral justice and they want electoral justice. [More…]
I think that Mr Cameron has a lot of common sense and that he believes in electoral justice. [More…]
He says that there is no electoral justice in the single electorate system and that the DLP policy of proportional representation is the only system which gives electoral justice. [More…]
A couple of years ago the Victorian ALP appointed a committee to find out what system would give electoral justice. [More…]
I have here the committee’s report which says that electoral justice cannot be achieved under a singlemember electoral system. [More…]
Only the quota-preferential method comes anywhere near satisfying the criterion of justice to all electors, whereunder their right can be realised to cast a useful vote that takes part in the election of a Parliament. [More…]
This report says that there is no electoral justice with a single-member system and it says that in the committee’s belief electoral justice can be achieved only under a proportional representation system, and that view agrees with the views expressed by Mr Clyde Cameron. [More…]
Does this mean that Senator Mulvihill is against electoral justice? [More…]
Senator Mulvihill is against electoral justice. [More…]
There was a fairminded committee which had a look at this situation and it said: ‘If you want electoral justice wipe out the single-member electoral system and bring in the quota-preferential system*. [More…]
Under those circumstances, all the talk about electoral justice is guff. [More…]
In other words, the Government is not interested in electoral justice and it is not interested in electoral fairplay; all it is interested in is a system which will prevent people it does not like from getting any representation. [More…]
So honourable senators opposite should not cry all over the floor about parliamentary electoral systems which will bring justice because they do not believe in it. [More…]
I say in conclusion that since the matter of electoral justice has been raised by the Government - it says this is a vote on electoral justice - we are unable to vote for this Bill because on the evidence that I have presented it does not give electoral justice. [More…]
Therefore we will vote against the Bill, and tomorrow we will give consideration at our Party meeting to moving an amendment which will ask the Senate to establish the principle which is set out in these documents that proportional representation does give electoral justice.I seek leave, Mr Acting Deputy President, to table the documents to which I have referred, namely, the report of the committee of the Victorian branch of the Australian Labor Party, the statement by Mr Clyde Cameron and the report of the mathematics masters who have examined the different systems of voting. [More…]
They do not even give real justice to their own supporters. [More…]
We believe that electoral justice in a situation in which the movement of population to the city areas is increasing requires a loading in favour of country people.- The loading cannot alter to any major degree the balance of the parties, except insofar as country people accept the policies of the Country Party to a greater degree than they accept the policies of the other 2 parties. [More…]
If that is necessary in order to achieve electoral justice, I do not blink At that proposition. [More…]
Senator McManus made great play of his desire for electoral justice. [More…]
But of course all speakers from the Opposition side spoke with varying degrees of sincerity and conviction in the name of electoral justice. [More…]
They found nothing inconsistent with their love of electoral justice and the maintenance of the status quo as far as the Electoral Act is concerned, so let us look briefly at some examples of the electoral justice that we have under this status quo. [More…]
They say that we should stick to the 20 per cent permissible variation from the quota and in that way we will get greater electoral justice than by having a redistribution. [More…]
Honourable senators opposite who claim that they are interested in electoral justice and that they are interested in one vote one value but can defend those discrepancies are either blind or very, very insincere. [More…]
Those inevitabilities are that the rural population, in proportion to the city population, is dwindling and that there is no reason in terms of electoral justice why its representation in the Parliament should not dwindle accordingly. [More…]
In itself, it is not aimed at delivering electoral justice. [More…]
It is interesting to note that in the famous cases which were recently before Chief Justice Warren, as in Wesberry v. Sanders in 1964, the meaning of ‘as nearly as practicable’ was interpreted. [More…]
Let us see how little regard the Liberal-Country Party governments in those States had for electoral justice. [More…]
No, of course we do not, because over the years they have shown themselves to be completely unconcerned about electoral justice. [More…]
It is a lot of poppycock for Senator Carrick to talk about electoral justice, the rights of the voters, the rights of rural communities and the rights of people when he turns a blind eye to gerrymanders of this kind. [More…]
Do honourable senators opposite maintain that that action was taken for the purpose of further^ ing electoral justice? [More…]
They were Senator Neil O’sullivan; Senator Wright, to whom I have referred; Mr Alec Downer, who was a Minister for Immigration in the Menzies Government and later High Commissioner for Australia in the United Kingdom; and Mr Joske, Q.C., as he was at that time, but who is now His Honour Mr Justice Joske of the Commonwealth Industrial Court. [More…]
Does it help in any way to achieve electoral justice? [More…]
I wonder where they really do stand when their Government is in the International Court of Justice. [More…]
I direct a question to the Minister representing the Prime Minister in relation to the appeal by Australia to the International Court of Justice. [More…]
Would he suggest that this information might be forwarded to Senator Murphy at the International Court of Justice? [More…]
Will the Government review the stupidity of its present action at the International Court of Justice if it is a fact that French Atomic tests are no more harmful than personal X-rays. [More…]
I do not know what the lawyers have based their case on to the International Court of Justice. [More…]
But to date, as far as I am aware, the Government of the day has always had a majority of members of those committees, and if the Opposition felt that it had not received justice on any committee it could always submit a minority report. [More…]
He knows, if he read the second reading speech properly, that the purpose of the Bill is to create electoral justice so far as the Federal Parliament is concerned. [More…]
I cannot be a servant to myself and have a business, and also do justice to the people who pay me. [More…]
I congratulate Mr Steele Hall, the South Australian Premier at the time, for at least having thought that some justice should be given to the electors in South Australia. [More…]
I am quoting the principle that by the introduction of this legislation we are endeavouring to bring about some measure of justice to the Australian electorate. [More…]
If they again refuse to pass the legislation which seeks to give some electoral justice to the Australian people, as has been said by the Leader of our Party, Mr Whitlam, and by many Government Ministers, the Parties opposite will be called on to face the electors and to face the consequences which will follow from their actions. [More…]
With those few remarks, I give my full support to the Bill and the measures it contains which seek to give some electoral justice to the Australian people. [More…]
It intends by this legislation, firstly, to eliminate some of the provisions which attempted to bring equality of voting to people who did not have that equality when viewed in the light of great distances that they had to travel to have communication with their member of Parliament, the difficulties caused by sparseness of population in the great area of an electorate and the difficulty of an elected member of Parliament in giving justice, fair consideration and representation to some of those people who lived in the great outback areas. [More…]
I have been deeply moved by the expressions I have heard from honourable senators opposite in favour of electoral justice. [More…]
I have always understood, and it has been made very clear to me, that when a question of electoral reform arises the attitude of all parties has been not ‘It is electoral justice”? [More…]
I suppose it is a question of who will win, but we can argue justice on this. [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…]
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 the sentiments? [More…]
This is what the Chief Justice of Australia then said, in part: 11 is quite clear historically, if one examines the descriptions of the territory placed under governorship, that the territory of the original colony of New South Wales except as to certain islands of the Pacific did not extend beyond low water mark . [More…]
If anyone wishes to take the matter further, there are the views expressed by no less tha.i the former President of the International Court of Justice, Sir Percy Spender. [More…]
I conclude on this note: This is not a matter for long argument, but I think that the Senate does not do itself justice by deferring it. [More…]
It is very easy for any honourable senator, no matter to which Party he belongs, on occasions to talk about the thirst for liberty and the thirst for justice. [More…]
When 1 looked .it some of the documents that Senator McManus tabled in the Senate there was a recurring theme among a number of people concerned who were crying out for justice and questioning quite mistakenly the attitude of the present Government. [More…]
One or two of them said that they were concerned about justice and about their Australian rights. [More…]
It will be a very memorable day in the case of Srecko Rover, with all his search for justice, if he appears one day before a group of senators and has to tell us why his passport was taken from him. [More…]
This will mean an addition to ‘an Australian diplomatic or consular officer, a judge of a court, magistrate, justice of the peace of that country or a notary public. [More…]
That is in addition to an authorised celebrant, a commissioner for declarations or a justice of the peace. [More…]
This could be a problem in some countries, but the same situation would arise if we were trying to identify a Justice of the Peace overseas. [More…]
From experience it has been considered that this provision ought to be extended beyond the scope of a diplomat, a consular officer, a judge, a magistrate, a justice of the peace and a notary public. [More…]
With Senator Murphy presenting a case to the International Court of Justice in The Hague on French nuclear tests and the rights and protection of humanity, can the Minister say whether the AttorneyGeneral will be returning home via Yugoslavia in order to have discussions with the heads of Government in that country on the rights and protection of Australian citizens in Yugoslavia and, further, to ascertain whether any Australians are being held in custody there? [More…]
As I have said several times, we will hear the whole of the anti Australian case at the International Court of Justice from honourable Senators opposite if we sit here long enough. [More…]
Yet we have people in this chamber for ever trying to denigrate and pull down the case which we are putting before the International Court 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…]
As China does not recognise the International Court of Justice, what does the Government propose doing to prevent future tests being carried out by China? [More…]
Where it has been able to do so by the invocation of a particular treaty the Government has proceeded against the Republic of France in the International Court of Justice. [More…]
In any event, it is the subject matter of consideration by the International Court of Justice. [More…]
It is, in itself, based on a corrupt principle - a principle that a group of people, without any necessary skills, can arrive at decisions arbitrarily and then publish those decisions without there being any appeal, and can in fact blackmail retailers and manufacturers without there being any recourse to justice. [More…]
I repeat that this is the Government which paid lip service to freedom, the liberty of the individual, the right of the individual to natural justice. [More…]
If it is natural justice to set up an arbitrary tribunal such as this, then I do not know the meaning of the words. [More…]
How are the grounds of justice and injustice to be established? [More…]
They come not through the Minister for the Interior but through the Minister for Justice. [More…]
It ensures complete justice to all States, big and small alike. [More…]
Sir Percy Spender when Chief Justice of the International Court of Justice said: lt is quite clear historically, if one examines the description of the territory placed under governorship, the territory of the original colony of New South Wales except as to certain islands of the Pacific did nol extend beyond the low water mark. [More…]
I think the Opposition senators can be charged with obstructing the course of political justice, or back-tracking on their clearly expressed views over a number of years and of succumbing to the pressures of State governments which, on so many questions, do not see the national interest in perspective. [More…]
I submit that the State governments are doing less than justice to their cause. [More…]
That Clause 1 be postponed as an instruction to the Government: that the further consideration of the Bill be deferred until after the general inquiry into National Rehabilitation and Compensation by the Committee under the chairmanship of Mr Justice Woodhouse has reported - and further that the inquiry should take into account - social service benefits for invalidity; social service benefits for widowhood; repatriation benefits; road traffic compensation; workers’ compensation; and the need to cover self-employed persons and housewives. [More…]
That would seem to us to be possibly so out of touch with reality and with what the community can provide, with justice to all sections pf the community, that the matter requires reconsideration. [More…]
The words ‘justice of the peace’ have been substituted for the word ‘magistrate’ on the, basis that magistrates are hard to find except in large centres of population but that justices ot the peace occur fairly freely throughout the country side. [More…]
The House of Representatives and the Minister have suggested that these words be substituted: a warrant from a Justice of the Peace authorising 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…]
What steps can the Government take to protest against this breach of ethics by France in defiance of the International Court of Justice deliberations and world public opinion? [More…]
I am not aware of the precise information which the honourable senator has just given to me, but he will be aware, as all of us are, that Australia took a case to the International Court of Justice in regard to the proposed French nuclear tests and that that Court is still deliberating upon Australia’s application for interim measures to prevent the French for continuing with any tests in the Pacific. [More…]
That clause 1 be postponed as an instruction to the Government: that the further consideration of the Bill be deferred until after the general inquiry into National Rehabilitation and Compensation by the Committee under the chairmanship of Mr Justice Woodhouse has reported - and further that the inquiry should take into account - social service benefits for invalidity; social service benefits for widowhood; repatriation benefits; road traffic compensation; workers’ compensation; and the need to cover self-employed persons and housewives. [More…]
We believe that there should be social justice and equity in the approach taken to compensating various sectors of the community, all of whom are entitled to consideration from the public purse. [More…]
This is the very essence of the investigation by Mr Justice Woodhouse and his report will cover it. [More…]
The Opposition believes that before the pace making step provided by this Bill is taken there should be consideration of the report of Mr Justice Woodhouse and what is practical for the whole community and at what levels various types of compensation should be struck. [More…]
We believe that social justice requires it and therefore we shall proceed as indicated. [More…]
The case put by Senator Rae which is based on the fact that there will be an inquiry which has been approved by the Government which decided the terms of reference for Mr Justice Woodhouse, simply seeks to defer the whole question for many months. [More…]
One is proceeding under the Senate Standing Committee on Health and Welfare, the other under the Chairmanship of Mr Justice Toose. [More…]
We do not know when Mr Justice Toose will make his report - he will make it in his own good, competent time - but he will shortly go overseas to make further investigations related to the representations that have been made to him. [More…]
It might be pertinent to say that we should look at the general levels of workers compensation when Mr Justice Woodhouse and the relevant committees to which honourable senators opposite have referred and in which they are interested - the inquiry into repatriation by Mr Justice Toose and the inquiries by the Senate committees - have presented their reports. [More…]
The reason why we Opposition senators are taking the point of view we are taking is that we are determined to make social justice equitably available to all classes and just as firmly to deny unjustified privilege, to a class of servants on whom we have the capacity and the opportunity to confer privileges because of the enormous revenue that is available to the Commonwealth Treasury. [More…]
We instituted a review under Mr Justice Toose and some of us had to fight to get even that for Vietnam casualties. [More…]
Before then, it would have been half that amount, lt is a blatant, rude deprival of justice to bring in a provision whereby the widows of public servants can receive $15,000 or $20,000 a year for the rest of their lives while the widows of men who were killed in the First and Second World wars and in other wars are left on midget pensions. [More…]
When Mr Justice Woodhouse was considering compensation on this comprehensive basis in New Zealand in 1968 he felt able to recommend a weekly payment, but in no case whatever to exceed $120 a week, which is about $7,000 a year, and in no case whatever to exceed 80 per cent of the earned salary or wage. [More…]
I suggest that that demonstrates that the generality of people in this country are entitled to be brought into consideration by this Parliament to ensure that the system of compensation for personal injury will entitle them at least to a measure of compensation which will not suffer when subjected to considerations of justice by comparison with the Commonwealth Public Servict. [More…]
Senator Bishop stated that an inquiry was made into repatriation in the time when my Party was in office 18 months ago by Mr Justice Toose and also by a Senate Committee. [More…]
So the notion that it is only a matter of waiting until Mr Justice Woodhouse and those assisting him have concluded their inquiries, and that then this Senate will be able to go on with consideration of this Bill, is just not the case. [More…]
An application was made in the International Court of Justice by Australia. [More…]
Since the proposals regarding university fees and age pensions are significantly costly to the public revenue and the saving to revenue by the means test on state aid comparatively small, is not such a means test wholly discriminatory and totally unjustifiable in terms of revenue saving or social justice? [More…]
For example, Australia could seek - as it has done, but the International Court of Justice has not yet given its judgment - to invoke a particular General Act as well as general provisions of the United Nations Charter in respect of what had been done by the Republic of France. [More…]
I do not want to enter further into a matter which is still awaiting decision by the International Court of Justice. [More…]
As to precisely what steps ought to be taken, firstly, these would depend on what may be said by the International Court of Justice on the whole question of atmospheric nuclear testing; and secondly, the steps actually to be taken are matters of policy for the Government. [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…]
Although some of the Opposition speakers have taken sideswipes at the substance of the Bill, the pith and substance of Senator Rae’s motion is that further consideration of the Bill be deferred until after the presentation of the report of the general inquiry into national rehabilitation and compensation by the committee under the chairmanship of Mr Justice Woodhouse. [More…]
If we are, as may be anticipated from the well-known views of Mr Justice Woodhouse who is presiding over this inquiry, to receive from the Committee a recommendation for a new concept of egalitarianism in compensa tion for personal injury, involving perhaps necessarily, if we are to follow the New Zealand example, the abolition of the right of private insurance companies to play any role in this field we can anticipate a long drawn out debate between ourselves and the Opposition on the merits of such a recommendation. [More…]
I do not know whether Opposition senators, including Senator Wright and Senator Rae, who have spoken in the debate have considered the full implications of the scheme adopted in New Zealand following the inquiry conducted there under the chairmanship of Mr Justice Woodhouse. [More…]
It is relevant to note that in 1968 Mr Justice Woodhouse recommended for New Zealand compensation representing 80 per cent of earnings with an upper limit of $120 per week. [More…]
Mr Justice Woodhouse and his committee also recommended the abolition of the common law tort of negligence. [More…]
As I have, pointed out, inherent in a scheme such as the one Mr Justice Woodhouse recommended for New Zealand, is the elimination of the role of the private insurance companies. [More…]
That Clause 1 be postponed - as an instruction to the Government that the further consideration of the Bill be deferred until after the general inquiry into National Rehabilitation and Compensation by the Committee under the chairmanship of Mr Justice Woodhouse has reported . [More…]
Nevertheless, it would be unwise, imprudent and unjust to defer indefinitely all the other provisions of the Bill until the report of Mr Justice Woodhouse was brought in. [More…]
I point out that Mr Justice Woodhouse is experienced in this field having conducted a similar inquiry in New Zealand. [More…]
The whole objection to the extravagant benefits to be provided to high salaried officers under this Bill is that as a matter of comparative justice they are outrageous in relation to those provided to repatriation pensioners, private industry employees, self employed persons and the other sections of the community to which I referred the other day. [More…]
I can assure the Senate that when the Bill comes forward in a much more acceptable form, doing equity and justice over the whole body of the workers of Australia and not prejudicing a great number of them to the undue advantage of others, it will receive the support of the Senate. [More…]
The Attorney-General will be reminded that a few weeks ago I referred to the inquiry being conducted by Mr Justice Woodhouse of New Zealand, with a request that consideration be given to coordinating the inquiry that he is undertaking with Mr Justice Meares with proposals that have been made by State governments for nofault insurance and other forms of compensation on a very restricted level for personal injury accidents on the roadway. [More…]
If not, will he take the earliest opportunity to persuade State governments which have proposals in this personal injury field to co-ordinate with Mr Justice Woodhouse’s inquiry so that the inquiry will cover the various classes of workers compensation, compensation for road accidents and accidents by negligence, social service compensation for invalidity and repatriation for war caused disabilities? [More…]
I will bring the matters raised by the honourable senator to the attention of Mr Justice Woodhouse and the other people conducting the inquiry. [More…]
It was the action of the employers, the fixing of a day for hearing by the Industrial Court and an appreciation of the consequences of that action that brought a group of unions which had been recalcitrant of a period of 2 months to the point at which they were prepared to accept the mediation, outside the legislation, of Mr Justice Moore. [More…]
I refer to Mr Justice Kirby, the President of the Conciliation and Arbitration Commission, who recently retired. [More…]
To show how clearly those who conceived the Conciliation and Arbitration Commission regarded that as a vital provision of the Bill I’ will quote what was said by Mr Justice Higgins in .the High Court in 1917. [More…]
Mr Justice Higgins is revered on all sides of industry for his terrific contribution to the cause of arbitration and industrial peace. [More…]
When you reflect upon the disruption that those strikes caused to many sections of the community you see the justice of requiring some enforcement of payment in recompense for that loss which is inflicted on the community. [More…]
So far from putting its efforts to preventing trade disputes and, when they occur, channelling them to the peaceful decision of the Arbitration Commission, the Government now in 1973 with the genius of Gough Whitlam, guided by Cairns and a few others who ought to know better, and a whole crowd following them who, of course, do not understand that they are simply’ being manipulated by extreme communist disruptionists, npt only wants to neutralise the remedies’ under the arbitration system but wants also to give to the trade union organisation, its officers and members a special privilege that Austraiian organisations, officers and members have never had - a privilege to be erected here 70 years after the commencement of the arbitration system, that system being designed specifically to bring the unions into the field where the framework of law would give them advantages and impose corresponding responsibilities, and in which the whole community would work according to a system of law and order; in the words of Mr Justice Higgins: ‘A new province of law and order’. [More…]
It was to the eternal credit of Mr Justice Moore that he got the parties together, even in spite of the fact that Senator Greenwood and his colleague the Honourable Phil Lynch went along to the Australian Council of Trade Unions and grovelled - I repeat grovelled -in front of the ACTU Executive. [More…]
In those circumstances it would seem to me to be the barest elementary justice that such a man should have his costs borne by his union provided it is not a frivolous attack. [More…]
A government can produce all the legislation in the world but if it has not got that prime condition, that is, people on both sides who want industrial peace and justice, it will not get industrial peace. [More…]
As Senator James McClelland pointed out, His Honour Mr Justice Kirby, who is I suppose our main inspirer of the arbitration system today, said that sanctions do not work. [More…]
Mr Lynch, in his speech on the motion for the second reading of this Bill in the House of Representatives, spelled out in full his understanding of the functions of ILO and the general adherence of the Opposition to this peculiar but quite successful tripartite organisation of governmental members, employer members and employee members which over 50 years has been seeking to promote the ends of social justice throughout the community. [More…]
As this working man’s livelihood is adversely affected by this allegation, will the Minister check it and if it is found to be incorrect make a withdrawal before the Senate rises, as this course would seem to be the only one consonant with honour and justice? [More…]
After years of endeavouring to get justice, the Aborigines thought that the only way to achieve their ends was to come here and put their embassy right in front of Parliament House and stay there until their problems were understood and some attention was paid to them. [More…]
The second is to try to give some measure of equity and justice and to simplify the scheme by making a percentage contribution of actual salary instead of a system of units. [More…]
As Mr Everingham or persons acting in his interests have purported to relate his account of the events which led to the withdrawal of his pass, and as a serious question of whether justice has been done arises on the relating of those facts, will you, Sir, lay on the table of the Senate the documents available to you and to Mr Speaker and on which, for your part, your decision was made? [More…]
This Bill will make certain extensions of benefits to surviving widowers of female members of the Parliament, a proposition with which I think in justice we must agree, and also provides for extended benefits such as portability to those who come from other Parliaments and it provides benefits to some members already on superannuation who have married or remarried. [More…]
It has always appeared to me in relation to both this fund and other funds that this is a denial of justice. [More…]
3) reveal that this Bill provides that income tax appeals, now falling within the single justice jurisdiction of the High Court of Australia only, will come within the jurisdiction of the State Supreme Courts. [More…]
Sir Garfield Barwick, the Chief Justice of Australia, said that it is not for the Commissioner to entertain dissatisfaction in cases of this kind merely because a taxpayer has sought to produce a set of facts which when they exist entitle him under the statute to benefits in the assessment of income tax. [More…]
I do not think its assists the development of justice or people’s understanding of the law of the courts to have 2 systems of courts existing side by side. [More…]
Is the approach by the Australian Government to the International Court of Justice at The Hague, concerning French nuclear tests, the first legal approach to that body by any Australian Government. [More…]
Australia is a party to the Statute of the International Court of Justice. [More…]
Unlike France, China has not made a declaration of acceptance of the compulsory jurisdiction pursuant to Article 36 (2) of the Statute of the International Court of Justice. [More…]
Since this information must be freely and immediately available from the Attorney-General’s advisers and since its nature cannot possibly prejudice the Government’s approach to the International Court of Justice, will he make this information available either now or prior to his departure from Australia. [More…]
What role will existing legal aid and legal advice services play in this national plan to remove the price tag from justice? [More…]
Mr Peacock replaces the former member for Parramatta, now Mr Justice Bowen, as the Liberal Party shadow Minister concerned. [More…]
It went to the International Court of Justice against the French because it considered that there was the basis of jurisdiction to do so. [More…]
If this is justice according to the Australian Labor Party, then certainly it is not justice according to the thousands of people in Australia who are being adversely affected by this unfair discrimination. [More…]
1 simply reassert that justice requires the recognition of the right of every child in Australia to a basic percentage of education expenditure from government funds. [More…]
I reassert that justice requires publication of the information so far withheld relating to the facts used in obtaining the index figure for each school and the index figure result. [More…]
That is supposed to be justice. [More…]
It relates to a decision which has been discussed by the Senate this afternoon and this evening which can only be described as a travesty of justice. [More…]
Anything that is a travesty of justice is, in my view, a matter of urgency. [More…]
It ensured equal justice for all children irrespective of the school which they attended or of the financial situation of their parents. [More…]
I refer to the International Court of Justice at The Hague and its great, strong and powerful censure of the Prime Minister of Australia. [More…]
Surely the greatest and most reprehensible leak in political history occurred in the premature leaking of a decision of the International Court of Justice. [More…]
With your permission, Mr Deputy President, I read the statement of the International Court of Justice at The Hague, which is a very proper body. [More…]
However, the Court said that it considered any publication concerning a future decision of the Court, domestic or international, is incompatible with the fundamental principles governing the good administration of justice. [More…]
I remain with the remainder of my statement but 1 draw your attention to the fact that the Australian Press published the fact and the International Court of Justice reported upon what it called the premature statement by the Prime Minister on the judgment of the Court. [More…]
I draw your attention to the fact that throughout that paper there is reference to the French nuclear tests, that the Court of Justice had reached a decision and to the attitude of the Australian people. [More…]
Since the proposals regarding university fees and age pensions are significantly costly to the public revenue and the saving to revenue by the means test on state aid comparatively small, is not such a means test wholly discriminatory and totally unjustifiable in terms of revenue saving or social justice? [More…]
I reject the argument that social justice demands that the Australian Government should make contributions at a uniform rate towards the running costs of all non-government schools in a situation in which the Interim Committee for the Australian Schools Commission has found that ‘if all non-systemtic non-government schools are pooled recurrent resource use ranges through a scale of 40 to 270 against an average of :100 for the combined six State government systems in 1972 and a target of 135 to .140 for 1979’ (paragraph 6.46 Interim Committee Report). [More…]
(2) (3) and (4) The actions of Australian citizens and organisations have to be understood in the light of the situation that has been created by the carrying out by the French Government of atmospheric nuclear tests in open disregard of a ruling of the world’s highest judicial tribunal, the International Court of Justice. [More…]
I am able to tell you, Mr President, and honourable senators that I was able to recommend to the Government, in the light of the approaches now being taken to the administration of justice, particularly the requirements of natural justice, that the decision given in 1942 should not be allowed to stand today. [More…]
It is gratifying to know that the long pursuit of justice has been successful and that the Governor-General has upheld the appeal, if one may call it that in simple terms, after some 21 years of struggle by Lieutenant Reid. [More…]
I remind the Senate that the Government of Australia is engaged in litigation with the Government of France in the International Court of Justice. [More…]
According to Mr Justice Newton in the Supreme Court of Victoria this has cost $2,087 a week or something of the order of $108,000 for the year. [More…]
It seems to me that in a case like that justice can be done only by meting out the death penalty. [More…]
We are abolishing the only method by which justice can be meted out to them. [More…]
In doing that I think that I would be meting out justice in the only way in which it could be done. [More…]
There is a great desire to do away with what I believe is the only method by which ultimate justice can be meted out. [More…]
There are people who perpetrate crimes which in my view are so horrible - I refer to some of the things which are happening in Northern Ireland and an incident which occurred in Brisbane not so very long ago - that there is only one way by which justice can be meted out, and that is by means of capital punishment. [More…]
There are people in this chamber who would say, if he had gone ahead and killed 2 policemen as well as his de facto wife and been brought to trial, that justice would have been done if he had been put in gaol for life. [More…]
We went to the International Court of Justice and at it portrayed France as a criminal. [More…]
What happened while we had our Attorney-General before the International Court of Justice lambasting the people of France? [More…]
This apparently was in the name of equity, justice and equality of opportunity. [More…]
It has tried to develop a fair system, a system about which it still has reservations but by which it believes it is getting closer to doing justice, and which is far more comprehensive and which takes in a far wider cross section of .matters than the Karmel Committee took into account in its absurd, so-called current resources uses. [More…]
Such a man may be found guilty only after having passed through all the procedures we have created to ensure justice. [More…]
Senator Poyser denies the justice of then imposing capital punishment. [More…]
This is an area in which I feel the concepts of natural justice ought to have some application. [More…]
There was a denial of natural justice to those 2 gentlemen, not so insofar as the finding of guilt was concerned because that was a finding by the Committee of Privileges after hearing evidence, but when the 2 gentlemen concerned were not called upon before punishment was imposed to show cause why they should be punished. [More…]
To my mind, as I submitted in perhaps an unduly lengthy address, that was a denial of natural justice. [More…]
I quoted many substantial authorities to support my proposition that the Senate should have given the 2 gentlemen concerned the opportunity of showing cause why they should or should not be punished, and that having been denied that opportunity there was a denial of natural justice. [More…]
I hope, as does Senator Greenwood, that you will be able to allow what I consider to be justice to prevail and permit Mr Everingham to defend himself against the charges which he does not at present know of. [More…]
One concerned his refusal to give the Leader of the Government in the Senate, Senator Murphy, permission to make a personal statement this afternoon after Senator Greenwood, a former AttorneyGeneral and a person whom I should have thought would have been endowed with the principles of fair play and justice, had been given the opportunity, by leave, to make such a statement. [More…]
The Government claims that it is doing this only out of a feeling for electoral justice. [More…]
It will be a new thing for any government to be in favour of electoral justice. [More…]
In my view the attitude of governments towards matters such as these is not: Is it electoral justice? [More…]
If the Government really wants electoral justice, the door is wide open. [More…]
Mr Clyde Cameron made the point with great firmness that the system which in his view would give justice to Australia and which would be quite satisfactory for the Labor movement was the proportional representation system. [More…]
I pointed out that the committee brought in a report which stated that electoral justice could best be obtained by introducing a system of proportional representation and that if such a system had existed the complaints of the Labor Party over a number of elections to the effect that it had received a majority of votes but a minority of seats would have been unnecessary. [More…]
I do not wish to labour the point except to say again that if electoral justice is wanted it can be obtained by proportional representation. [More…]
The Labor Government has seen the justice of making an allocation in this field and has decided to make an extra $28m available. [More…]
Finally, after a lot of representation the Government, seeing the justice of his case, imposed a dumping duty of 2c per lb on imported New Zealand jam. [More…]
Where in Mildura, in South Australia, at Tom Piper’s in Melbourne and at Jusfruit in Gosford is the justice in this kind of action? [More…]
I presume by that he means that we are in the region in which the French are conducting tests - which give Australia that option of approaching the International Court of Justice against the French tests are not applicable against the Chinese tests. [More…]
It is true that at one stage the Prime Minister appealed to the ACTU to remove the ban, not because he disagreed with it but because he thought lt might affect the Australian case before the International Court of Justice. [More…]
Let us look at the case before the International Court of Justice. [More…]
We do not oppose the Government taking the French Government to the International Court of Justice. [More…]
However, when we asked about China we were told that because China does not recognise the International Court of Justice there is no legal basis for taking China before that Court. [More…]
There are plenty of other actions open to the Government to show and move its condemnation of Chinese atmospheric tests, instead of hiding in a cowardly manner behind some legal quibble that China does not recognise the International Court of Justice and that therefore we should sit down, wring our hands and say we can do nothing more about it. [More…]
That is now the Commonwealth Police - and the security functions in connection with subversive activities affecting the internal security of Australia are under the control of Mr Justice Reed. [More…]
Such a doctrine was justified in the 19th and in the beginning of the 20th century, when social conditions in most of the civilised countries were stabilised, and denial of justice was an exception rather than the rule. [More…]
The only sensible contribution that Senator Little made was to say that the period of 15 minutes which is given to each speaker does not allow him to do justice to such a far reaching subject. [More…]
Thank goodness that we had people of the calibre of Mr Justice Moore who was prepared to see that justice was done. [More…]
It took Mr Justice Moore to tell an industrial company like the Ford Motor Company of Australia Ltd that, when a new award was agreed to and made, a few more dollars should be spent so that it could be printed in 3 or 4 different languages. [More…]
What a travesty of justice. [More…]
Mr Justice Nimmo was very emphatic: A multiplicity of funds and no discipline over the funds. [More…]
Despite a good deal of abuse, the Liberal Government saw the justice of the plea. [More…]
The actions of Australian citizens or organisations in protesting against the carrying out by the French Government of atmospheric nuclear tests in the Pacific have to be understood in the light of the open disregard by France of the ruling of the International Court of Justice and the relative effects on the Australian environment of fall-out from French and Chinese tests (see the answer given in the Senate on IS May 1973 to Question No. [More…]
The Commonwealth’s priority for defence, security and social welfare, justice and general well-being would have to be ensured together with the ability to manage the economy and maintain stability in the currency. [More…]
The honourable senator referred to the ballyhoo that went on in Paris when Senator Murphy appeared before the International Court of Justice. [More…]
Just to get the record straight may I point out to my honourable opponent that the International Court of Justice met at The Hague and certainly not in Paris. [More…]
Therefore the French government cannot accept the argument presented at the International Court of Justice by the governments of Australia and New Zealand. [More…]
The scientific evidence given to the International Court of Justice was sufficient to prove, in my view, even if it has not convinced Senator Hannan, that there is a possible danger from all nuclear explosions wherever they may occur. [More…]
We were told when we asked why Australia did not take this matter to the International Court of Justice at The Hague that it could not be done. [More…]
The basis of our claim is that the French are committing a nuisance in our environment and we are hoping that the International Court of Justice will take steps to restrain that nuisance; to enjoin the French from committing it- the same way as can happen between neighbours - [More…]
The test is simply this: Is the Government handing out even handed treatment and justice to France and to China? [More…]
The test of this motion is- this: Has the Whitlam Labor Government dealt out equal justice? [More…]
I thought it only reasonable that if the Government was to take its case to the International Court of Justice the people of Australia were entitled to know what the issues were, and I asked for the facts. [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 stamps the Labor Party as a party which budgets for votes and which, in its assessment of the inflationary impact of the Budget or the equitable impact of the Budget as between the various people of this country, denies any sense of justice or competence whatever. [More…]
Throughout the world continuing comprehensive reports were required by all sections of the media on the brisk moves of the new Labor Government; for instance, the abolition of national service, revaluation of the dollar, recognition of the People’s Republic of China, the establishment of diplomatic relations with the German Democratic Republic and North Vietnam, Australia’s stand on the French nuclear testing in the Pacific, the subsequent finding by the International Court of Justice and the effects of Britain’s entry into the European Economic Community. [More…]
In order that there be some degree of certainty that the approaches which are being taken by the Minister are correct he has proposed that a royal commission, to be chaired by Mr Justice Collins, should inquire into the whole of the operations of the oil industry and its ancillaries. [More…]
Such application was heard and determined by the Court, by Mr Justice Fox. [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…]
Finally, no one knows better than you, Mr President, that history does not support the view that truth and justice always triumph. [More…]
I can recall being checked on one occasion because I said something about justice not only being done but being seen to be done and immediately the chairman pulled me up and asked: ‘You are not a lawyer, are you’? [More…]
We all know that Mr Justice Toose is working on his report, but it will not be available until April or March next year. [More…]
Having regard to the nature of one or two of the speeches, I wish to be heard to say briefly that, firstly, Mr Justice Toose, as the Minister for Repatriation (Senator Bishop) has said, is conducting an inquiry into the principles of repatriation. [More…]
Thirdly, Mr Justice Woodhouse is conducting an inquiry as to general compensation for injury. [More…]
I do not mean to distemper what I have to say, which is a plea that the inquiries of Mr Justice Toose and [More…]
Mr Justice Woodhouse and the idea incorporated in this Bill of an equality between war service and civilian service ought to be brought onto a basis on which the relevant sections of beneficiaries get equality on a comparable basis of principle. [More…]
I will read what Mr Justice Rich had to say because of its pertinence. [More…]
Wage control without price control is contrary to common sense, a distortion of justice - [More…]
That is interesting, a distortion of justice - and an inevitable cause of conflict and a deep sense of grievance. [More…]
Well, if Senator Cavanagh says that Dr Cairns was correct, then he is wrong now, because Dr Cairns not only said that it was contrary to common sense but also- and this should strike a chord in Senator Cavanagh ‘s heart- that it was a distortion of justice and an inevitable cause of conflict and a deep sense of grievance. [More…]
Has he noted the strong views of a Liberal Member of the Legislative Council in Victoria who said that we retain the ancient barbarism and mental torture in our punitive system and that there is no greater wrong perpetrated in our society than that which goes under the name of justice? [More…]
Recognising that the Attorney-General has an enlightened attitude on such social questions, will he give consideration to initiating discussions with State Ministers for Justice to examine better methods of dealing with offenders than incarceration in existing penal institutions? [More…]
Obviously the purpose of any system of justice ought to be the prevention of crime and the protection of the public rather than revenge. [More…]
We have continued with the setting up of a committee to inquire into defence forces pay; Only yesterday a deputy president of the Commonwealth Conciliation and Arbitration Commission, Mr Justice Coldham, was appointed chairman of the committee. [More…]
I suppose that in some respects the honourable senator’s question touches on the matter which was before the International Court of Justice. [More…]
For the information of honourable senators I lay on the table a report prepared by Professor Gordon Hawkins and Dr Robert L. Misner dated 20 July 1973 on the restructuring of the criminal justice system in the Northern Territory. [More…]
They were introduced into the House of Representatives in the first place because that is where the Postmaster-General (Mr Lionel Bowen) resides, and therefore many of the inequities and injustices and what might be called the unevenness of the charges were brought up and debated there; and because of that the Government agreed to make certain consequential changes, and after discussion these were accepted by the Opposition and this is therefore to be regarded as assent by the Opposition to let the matters go forward to the Senate at that level. [More…]
One receives complaints and expressions of concern from many genuine people in the community and even today I am unable quite clearly to elucidate just what is the level of justice achieved in the House of Representatives and what level of injustice remains. [More…]
Previously a Justice of the Peace was required, and this often created difficulties in more remote areas. [More…]
This simply means that under section 9 of the Post and Telegraph Act an officer, before exercising the duties of his office, will make and subscribe before a Justice of the Peace or, as an alternative, before a postmaster a declaration in the form A set forth in the second schedule. [More…]
The reason for this is that in country areas it is sometimes difficult to get a Justice of the Peace. [More…]
I notice that at the same time as that change is being made there is this change in clause 3 of the Bill which means that an officer is a person who does not take an oath or make a declaration before a Justice of the Peace but before a postmaster. [More…]
When they first join they have to take an oath and that oath is administered by a Justice of the Peace. [More…]
Does he agree that this is an interference with the course of justice? [More…]
His humour, his sense of justice, his very pertinent and pungent wit in interjections, I think, have put fear into members of this chamber. [More…]
Suggestions have been made that rather than speaking to, say, the Chief Justice, I, as Attorney-General, should get the Prime Minister to write a letter to the Premier who would then go through these mechanics, which make it very awkward. [More…]
I personally have always felt that this is justice which is likely to be tempered by injustice. [More…]
When there is provision for a range of people simply to be appointed by the Minister, which can be even more extensive than an official of the Department, it can lead to injustice. [More…]
I wish to quote from the proceedings of the Commission of Inquiry into Land Tenures, which is being conducted by Mr Justice ElseMitchell, as Chairman, and Professor R. L. Mathews and Mr G. J. Dusseldorp, who is a fairly large scale developer. [More…]
I have already quoted the evidence given before Mr Justice Else-Mitchell in respect of the landholder who bought land for $32 an acre and who now wants to sell it for $5,000 an acre. [More…]
It would appear to me that if today one is in favour of blanketing land areas around Albury-Wodonga to ensure that nobody capitalises on the development planned for that area- and I did not hear too many voices raised in this Parliament over that proposal- one must hold the same philosophy in respect of this area provided one is convinced that it is being followed with reasonable justice. [More…]
This is a matter of organisation and of ensuring that justice is done to all the people around the area who are making a contribution to the development of the area by deciding to settle in it. [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…]
(South AustraliaMinister for Aboriginal Affairs)- by leave- As honourable sei senators : s aware, Her Majesty the Queen and His Royal Highness Prince Philip will receive the Presiding Officers of Parliament, the Chief Justice of the High Court, the Ministers of State, the Opposition leaders and their wives at Government House at 5.30 p.m. on Wednesday, 17 October. [More…]
Arbitration legislation was introduced for the purpose of giving some justice to the worker. [More…]
I believe that what we should be unitedly striving to achieve at the present time is to ensure that our system works efficiently and does justice to all who are subject to its influence from time to time. [More…]
The Court was composed of some judges who had acted in cases over the years when they were at the bar and who had had the problem brought to their attention, especially Mr Justice Kerr who is now the Chief Justice of New South Wales and who had been in a number of cases involving just this problem. [More…]
I refer to Mr Justice Moore. [More…]
It was a classic case that was ultimately settled after negotiations had been conducted over a period of 6 to 8 weeks, if not longer, by Pat Ryan, the secretary of the union, and Mr Justice Robinson, who is another excellent example of a judge with a high degree of industrial relations knowhow. [More…]
Outside the trade union vigilance that we have been talking about there are many light industries in which I do not say that the employer is deliberately avoiding wage justice to the employee because sometimes some of his clerical staff are not abreast of current awards. [More…]
If at any time he cannot get justice by negotiations with the employer and he thinks it better that he should lead the men and he does so and suggests to them that they have a stoppage of work to consider things, he is possibly acting contrary to the award covering the industry and engaging in an unlawful act. [More…]
The simple facts are that the workers will not be denied justice. [More…]
It would be the very travesty of justice for us to increase the time available to the Executive and diminish the time available to the Senate. [More…]
We hope that we can bring justice to meet the difficulties under which they are working so that they will not find it necessary to take action as they took today. [More…]
When we speak of the courts the tendency is to speak, say, of the Chief Justice of Australia. [More…]
This term seems to be a more satisfactory term than ‘Chief Justice of the High Court’. [More…]
Is the Minister aware that, in dismissing three of the other charges against Ravenjak, Mr Justice Leslie said that his arrest was illegal? [More…]
As long ago as 1957 no less an authority than the then Chief Justice of Australia, Sir Owen Dixon, suggested that this Parliament should establish a national law reform body. [More…]
At the Tenth Legal Convention of the Law Council of Australia held in Melbourne 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 effectivemethods for the administration of the law andthe dispensation of justice. [More…]
I do not intend to oppose the Bill which appears, on the surface, to be a purely mechanical one which provides, I think in all fairness and justice, for the transfer of officers from State authorities to the Australian Public Service. [More…]
He is now Chief Justice of the High Court. [More…]
When I visualise the thousands of agreements- Senator Murphy himself used this expression- which could well come within the purview of this legislation I wonder how justice can be done to persons affected in the time which is allowed. [More…]
In 1 962 the then AttorneyGeneral, now the Chief Justice of the High Court of Australia, Sir Garfield Barwick, evidently was commissioned by the coalition Government to prepare a Trade Practices Bill and subsequently a Bill was introduced in 1 965. [More…]
Mr Justice Isaacs gave a judgment of 315 pages in that case and it took him 3 days to deliver it. [More…]
-I have spent 50 years studying the law, and it will take me at least 5 weeks, uninterrupted, to do this Bill justice in analysis. [More…]
It refers to the examination which Senate Estimates Committee A is making into the item of appropriation for payment of $62,900 to Sir Richard Kirby on the occasion of his retirement from the office of Chief Justice of the Commonwealth Conciliation and Arbitration Commission. [More…]
There is Mr Justice Woodward who is engaged on an investigation into Aboriginal land rights. [More…]
There is Mr Justice Nimmo who has been loaned to Fiji to help set up its Supreme Court. [More…]
There is Mr Justice Eggleston who is more or less permanently engaged on the Trade Practices Tribunal. [More…]
I do not want to embarrass the other member of the court by naming him, but it is well known that there is another justice of this court whose work capacity is gravely affected by illness. [More…]
I thought the legal profession was an honourable profession that determined issues on the basis of justice, fairness and a strict interpretation of the law. [More…]
One of the other judges, Mr Justice Dunphy, said: [More…]
It imposes very heavy restrictions on the grounds on which these objections can be made and allows the introduction of certain injustices in the sense that changes in the rules could have a significant effect on members. [More…]
So far as the Opposition is concerned, amalgamations in themselves are neither good nor bad, but they are matters which if they are conducted have to be conducted with justice and propriety. [More…]
The only influence we can possibly hope to exercise in the area in order to achieve peace is to approach the matter as an evenhanded country which does not have any vested interests and which is trying to resolve the question in the light of morality and justice. [More…]
It could be said, if one wanted to make this sort of point, with just as much justice that what happened as far as the battle around the Suez [More…]
In fact one could say that with quite complete justice because Israel itself admits that the Golan Heights area in Syria which it now occupies, and the Sinai peninsula, are parts respectively of Syria and of Egypt and not parts of Israel. [More…]
Perhaps what Israel has done, as Senator Wheeldon rightly said, was not done with complete justice to everybody concerned, but it is an established fact today that Israel has created a miracle in an area of the world where people had to grub from the hostile environment only the barest necessities of life. [More…]
So we do not seem to be deciding the question on the basis of justice, fairness or working for the benefit of settling disputes; we are deciding it on prejudice and on the party numbers system. [More…]
It seemed to me to be a travesty of justice that the Deputy Registrar refused to give assistance in the first instance. [More…]
I think it is to the credit of this Government that that injustice was ultimately remedied. [More…]
That is what Mr Justice Aird is threatening he will decide in order to bring the matter to a head. [More…]
The main cause of the dislocation of industry and the withholding of labour is a belief that there is not comparable wage justice. [More…]
Everything in our arbitration system has been based on comparable wage justice. [More…]
I submit that there is injustice rather than justice in the Government’s proposal regarding acquisition of land in the ACT. [More…]
This is a matter of fundamental justice. [More…]
So far from this being expounded from the point of view of land developers, I remember a case in Sydney in which Mr Justice Rich had occasion to comment where a man had a lease of a car park for 3 years and the Commonwealth of that day contended that he had no interest in land, he was making a profitable business from it and his lease was limited to 3 years. [More…]
Mr Justice Rich said: ‘You take my house when you do take the prop that doth support my house’. [More…]
We have often expressed our concern in Opposition- I suppose if one looked back through the record members of the present Government would have expressed their concern when in Opposition, but I think with less justice- at the inability of honourable senators to obtain information from Ministers on matters of public interest. [More…]
It was a reply that I do not think did the Attorney-General justice. [More…]
We hope indeed ‘-Senator Murphy should have echoed this hope- ‘that you will accept the International Court of Justice, if you are to be heard in public with your views. [More…]
on what date was a Royal Commission issued to Mr Justice Wallace to inquire into matters affecting the Great Barrier Reef; [More…]
of Mr Justice Wallace’s fees; [More…]
The learned Chief” Justice, Sir Lawrence Jackson, found that as Trial Rock was 12 miles distant from the Monte Bello Islands it was not in the State of Western Australia. [More…]
But the learned Chief Justice found that the criminal code of Western Australia did not extend into that area. [More…]
I do not want to weary honourable senators, but I should like to quote what was said by a former President of the International Court of Justice and very prominent member of the Liberal Party, Sir Percy Spender, in an address to the Australian Conservation Foundation. [More…]
It is well known to everyone here, I think, that in a case in the High Court against a fisherman who operated off the coast of New South Wales- the La Macchia case, if I might refer to it as such- a former Federal Attorney-General and now Chief Justice of Australia, Sir Garfield Barwick, concluded that the Commonwealth had sovereign jurisdiction from the low-water mark. [More…]
He was supported by Mr Justice Windeyer in that conclusion. [More…]
Having one representative for an area of that size is not doing justice either to the member or to the people who live in the Northern Territory. [More…]
I am sorry that this has happened, and I appeal to the State Minister and his Government to co-operate in providing justice for the black people of this country which has been denied to them for 200 years. [More…]
Minister for Justice. [More…]
The Honourable Justice Charles Augustine Sweeney, a Judge of the Commonwealth Industrial Court; and [More…]
So, applying a tapered percentage to give a better level of increase relatively to the upper level and to the lower echelon, one would get a much greater degree of justice than one gets now. [More…]
Alexander Barton was allowed to escape from this country and he will not be brought to justice. [More…]
Those many people who have been deprived of their savings by the misappropriation, falsification and the promotions of this gentleman will not receive justice. [More…]
I would have thought that the police force and those responsible for the administration of justice would be leaving no stone unturned in ensuring that people who do that to an official of a registered union are apprehended and dealt with. [More…]
Will he reconsider that limitation so as to accord justice to the exporters of last season in the form of proper unlimited compensation for revaluation at so much per case? [More…]
It is more for political reasons, I think, than for the purpose of getting justice for someone who is deprived of some payment. [More…]
A similar course was taken in regard to the former Chief Justice of the High Court, the late Sir Owen Dixon, if my recollection of the answer I sent is correct. [More…]
That a person is to be presumed innocent of a criminal offence until he is proved guilty is overshadowed by the inequities of our criminal justice system, and especially by the inadequacy of legal aid in Australia. [More…]
Part II of the Bill goes on to provide a number of protections that are of importance in the field of the administration of justice. [More…]
In the determination of a criminal charge, everyone is to be entitled to a number of guarantees, such as the right to have legal aid where the interests of justice so require and where he does not have sufficient means to pay for it, and the right not to be compelled to testify against himself or to confess guilt. [More…]
In evidence before the Senate Standing Committee on Constitutional and Legal Affairs in August 1972, Professor Wootten, now Mr Justice Wootten, provided a forceful answer to this concept. [More…]
We suggest that the Commonwealth should give justice to students rather than to schools. [More…]
The overwhelming majority of the Australian people support justice for independent schools but there is a small minority who do not and that minority has threatened action in the High Court to seek a ban on justice for independent schools. [More…]
For the reason that the overwhelming majority of Australians regard it as an act of justice to assist Australian children, whatever school they may go to, I think that this amendment is more comprehensive and clearer. [More…]
For that reason I prefer what Senator Rae supports which is, in effect, that we regard all the children of this country as having equal rights and we give each of them justice. [More…]
Some members of the Labor Party have assured me that they believe in equal justice for all our children and that the only difference is, perhaps, in the ways in which the justice shall be dispensed. [More…]
I think that the Labor Party is going back to 1957- in the days when it did not agree with justice for independent schools- when it states in this clause, in effect, that it will divide the children of the country. [More…]
I attended a lot of meetings and I heard him say that he was for justice for all the children of this country. [More…]
My feeling is that the overwhelming majority of the Labor Party approves the decision of a few years ago that the Labor Party will stand for justice in education. [More…]
that the government I lead will remove a stain from our National Honour and give justice and equality to the Aboriginal People. [More…]
The words: honour, justice and equality means a lot to mc and my fellow Aborigines. [More…]
But I’ll say No to setting up the NACC which gives no honour, justice or equality. [More…]
Will the Government review its decision to limit that compensation and to give justice to these exporters? [More…]
Nobody can dispute that there is a need for that, a desirability for it and that there is sheer justice and charity in it. [More…]
At the point when they are looked at and satisfactorily determined a little justice will have been done to the fruit growers. [More…]
I strongly support the amendment because I believe that it will give the Bill a measure of justice which is certainly sorely lacking at present. [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…]
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…]
Pensioners of this country certainly are receiving more social justice under this Government than they ever received under past governments. [More…]
There was a recent wail from the Democratic Labor Party that we were introducing legislation at such a rate that its members did not have an opportunity to do it justice. [More…]
I indict various Western Australian governments for refusing to give wage justice to people who are employed by the VC Mining Co. [More…]
The Federal Government of the United States of America, when President Kennedy was in office, had to send Federal deputies into the southern States to make sure that justice was done and that coloured people were placed on the electoral rolls. [More…]
It is a pretty poor state of affairs when Australia has virtually to bludge on a foreign country to get wage justice. [More…]
The result is that these injustices are perpetuated. [More…]
On the one hand the Western Australian mining industry has been typical of this new frontier complex in which migrants have been exploited and State authorities cannot or will not give wage justice. [More…]
In such a case the price paid for the product is reduced by an exchange decision and assistance obviously is required to retrieve justice for exporters who had committed themselves to the overseas market before revaluation. [More…]
These people say that it is just not possible for an industry to be reviewed as quickly as that so as to do justice and give satisfaction to the industry investigated on the initiative of the Commission. [More…]
That is the Government’s idea of justice today. [More…]
It denies the justice to which a senator is entitled to have withdrawn immediately a highly disorderly utterance which has been made. [More…]
Judges, The Honourable Mr Justice Edward A. Dunphy; The Honourable Mr Justice Percy E. Joske, C.M.G. [More…]
; The Honourable Sir Richard M. Eggleston; The Honourable Mr Justice [More…]
Reginald A. Smithers; The Honourable Sir John A. Nimmo, C.B.E., O. St. J.; The Honourable Mr Justice Albert E. Woodward, O.B.E. [More…]
; The Honourable Mr Justice Robert J. [More…]
The Honourable Mr Justice Edward A. Dunphy, Judge of the Supreme Court of the Australian Capital Territory; Judge of the Supreme Court of the Northern Territory; Judge of the Supreme Court of Christmas Island; Judge of the Supreme Court of the Cocos (Keeling) Islands; Judge of the Supreme Court of Norfolk Island. [More…]
The Honourable Mr Justice Percy E. Joske, Judge of the Supreme Court of the Australian Capital Territory: Judge of the Supreme Court of the Northern Territory; Judge of the Supreme Court of Norfolk Island. [More…]
The Honourable Mr Justice Reginald A. Smithers, Judge of the Supreme Court of the Australian Capital Territory; Judge of the Supreme Court of the Northern Territory. [More…]
The Honourable Sir John A. Nimmo, Chief Justice of the High Court of Fiji. [More…]
The Honourable Mr Justice Robert J. [More…]
One year’s leave was the subject matter of that minute but as a special case, not Cabinet, not Caucus, not Parliament but the Prime Minister, Mr Whitlam, authorised 2 years leave; in other words, a payment of $62,900 to an outgoing judicial person who combined the duties of Chief Justice of a judicial office and Chief Commissioner of the Commonwealth Conciliation and Arbitration Commission, positions which for this purpose I would not distinguish between. [More…]
I wish to express my keen disappointment at noticing no reference in any Auditor-General’s report to an item obviously deserving the attention of the Parliament- the payment to Chief Justice Kirby. [More…]
Is there any provision in this Bill, by a Government which says that it wants electoral justice, to give the DLP with 500,000 votes any representation? [More…]
Let me say categorically that the purpose of this Bill is not electoral justice. [More…]
The Government is not interested in electoral justice. [More…]
At the time no attempt was made by the media or most of the Press commentators to deal with the question of electoral justice. [More…]
All I will say about these people is that they knew perfectly well from their association with Parliament that the average attitude of political parties is not ‘Is this electoral justice? ‘ [More…]
In a recent address to the Proportional Representation Society in South Australia, Mr Clyde Cameron said that in his opinion the only system of election which could be calculated to give electoral justice to all parties was the Hare-Clark proportional representation system. [More…]
A committee of the Victorian branch of the Australian Labor Party, led by the late Senator Sam Cohen, Mr Gordon Bryant and other leading personalities of the branch, was asked to sit down and determine the system which in its opinion would give electoral justice and would ensure that if the Australian Labor Party ever received 50 per cent of the votes it would be in government. [More…]
The committee sat down and produced an excellent report which indicated that the fairest system of election and the system which gave the nearest thing to electoral justice was the Hare-Clark proportional representation system. [More…]
Without prejudicing the issue, will the Minister give the Senate a report from his Department on the circumstances of this case and what action, if any, the Minister can take to prevent any recurrence which, on the face of it, would seem to go against our system of justice? [More…]
At the present time we have one resident judge, Mr Justice Forster. [More…]
For instance I note that this year Mr Justice Dunphy has sat in all jurisdictions together with the jurisdiction in Norfolk Island. [More…]
Mr Justice Joske has sat in the Australian Capital Territory, in the Northern Territory and in the Industrial Court for a total of 78 days this year. [More…]
Mr Justice Smithers has sat in the Industrial Court and the Australian Capital Territory on a total of 70 days this year. [More…]
Mr Justice Woodward, notwithstanding that he has been on the Aboriginal Land Rights Commission, this year has sat some 1 3 days in the Northern Territory and in the Australian Capital Territory. [More…]
Mr Justice Franki has sat some 57 days. [More…]
If it means that another judge has to be appointed so that there are no delays in justice being dispensed, as against having only one judge and justice being held up, then I certainly come down in favour of appointing extra judges. [More…]
I do not see any commonsense or justice in a proposal that we shall be forced to vote for a commission with which we disagree when at the very time the Government has the power in its hands to do the whole thing itself. [More…]
It is up to the Government to honour the promises and to see that there is justice for every Australian child and every Australian parent who wish to avail themselves of their right to choose the kind of education which the children are to receive. [More…]
This is a perversion of justice in a system that is supposed to believe in equality of opportunity for all children. [More…]
The amendments to be moved by the Opposition merely insist that the justice referred to by that headmaster continue to be followed. [More…]
Justice requires that that should be done, but we are not saying that we can take the role of being able to provide full justice to students. [More…]
Austraiian believes in what was called aid, but what I call justice, for independent schools. [More…]
The rates should be more in keeping with the market in order to do justice to dispossessed owners. [More…]
Retrospective legislation involves a bad principle in British justice anywhere that it is applied. [More…]
But to forfeit the vessel and all the equipment thereon without a court considering the circumstances involved seems to us to be not in accordance with the principles of natural justice. [More…]
This objective is expressed to include modernisation of the law to bring it into accord with modern conditions, 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…]
the adoption of new or more effective methods for the administration of the law and the dispensation of justice; [More…]
As the honourable senator knows, we expect that early in the new year we will receive a report from Mr Justice Toose. [More…]
Also, as Senator Dame Nancy Buttfield knows, Mr Justice Toose examined systems overseas. [More…]
They also considered it to be premature in view of the general inquiry into national rehabilitation and compensation by the committee under the chairmanship of Mr Justice Woodhouse. [More…]
Mr Justice Woodhouse, with his experience in New Zealand, has been brought to Australia to work with Mr Justice Meares to formulate such a scheme. [More…]
The difficulties can be understood if I mention that in New Zealand all that Mr Justice Woodhouse was able to recommend was originally compensation up to $80 a week which has since been lifted, I believe, to $120 a week; but it has been confined to accident injuries as distinct from illness or disease. [More…]
That is a principle which, as I have said, balked Mr Justice Woodhouse and the New Zealand legislature up to this time, and it is such an extension of this Bill, making the ambit of the compensation so wide ranging, that we feel we would be quite irresponsible in the interests of the industrial worker, the State public servant and the selfemployed person if we did not try to fix a level of compensation that shall apply to people entitled to this form of compensation not restricted exclusively to Commonwealth public servants but available to the other classes of employees on a basis that can be provided. [More…]
That the further consideration of the Bill be deferred until after the general inquiry into National Rehabilitation and Compensation by the Committee under the chairmanship of Mr Justice Woodhouse has reported . [More…]
The main point raised on the report brought forward concerning the supplementary submission of this reference was that Mr Justice Woodhouse of New Zealand was at present looking into an Australia-wide compensation scheme. [More…]
Although honourable senators opposite have argued that the inquiry by Mr Justice Woodhouse ought to be able to provide a new system of compensation for every person, which is what the inquiry has set out to do, I think honourable senators opposite will realise, without my bleating about it, that even if the committee of inquiry were to report by March or May of next year there would be a lot of complications involved. [More…]
So I do not think that deferment of this Bill until Mr Justice Woodhouse ‘s inquiry has been completed really meets the situation. [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…]
I am just pointing out to the Government that one of the things which the Australian Constitution said, in line with human rights and fundamental justice, is that if the Government wants to acquire a citizen’s property it can do so only on just terms. [More…]
If there are some questions to be examined in relation to this case and if there may have been some miscarriage of justice- [More…]
If there may have been some miscarriage of justice with which my portfolio is concerned, I certainly will do what I can to assist. [More…]
Other distinguished members include Professor, now Justice Wootten, Mr Heffernan, the Secretary of the Victorian Legal Aid Committee, and a number of others. [More…]
For the information of honourable senators, I present the pleadings, oral arguments and orders relating to the first phase of the nuclear tests case in the proceedings brought by Australia in the International Court of Justice. [More…]
The position adopted by my Party is that under protest and only as an armistice- not because it is what we believe; we are going to make a continuing fight for educational justice- we will accept what has been proposed and will not oppose any of the amendments, but if an amendment is moved which is based on the use of the word ‘primary’ we will support it. [More…]
Since the introduction of the Bill I think we have had tabled in the Parliament a report on the inquiry into land tenure which was chaired by Mr Justice Else-Mitchell. [More…]
I ask the Minister whether he can tell me what opportunity the Parliament will have to approve any decision that is made as to proposals for land tenure contained in the report of Mr Justice ElseMitchell and which may be applied to this Albury-Wodonga centre. [More…]
I want to know what opportunity the Parliament will have either to approve or to reject any decisions that are made to apply the propositions of Mr Justice ElseMitchell to Albury-Wodonga. [More…]
As Senator Wright has stated, Mr Justice ElseMitchell came down on the side of a report of a previous inquiry into this matter, and it would seem to be the one adopted by those who have been looking for a solution to this question of land prices. [More…]
I think that on this occasion Mr Justice Else-Mitchell came down with the same conclusion, which would appear to confirm that this is the way to solve the problem. [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 Attorney-General 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…]
This report was prepared by Mr Justice Nimmo, who was the Chairman of the Committee and who has been seconded to a judicial position in Fiji, Sir Leslie Melville and Sir Norman Mcintosh. [More…]
With all deference to the speeches made by Senator Little and Senator Rae this afternoon, nobody has admitted, despite what Mr Justice Nimmo said, that there is a flaw in the existing structure of the funds, because after all this inquiry by Mr Justice Nimmo commenced in 1968 and Senator Greenwood was Minister for Health for a brief period between 1969 and 1972. [More…]
Only because Mr Hayden leaned on the so-called and much vaunted private enterprise scheme is she getting some justice. [More…]
I throw out this challenge to the Senate tonight: My office in Sydney has been open to representatives of the Australian Medical Association and to people who have been filched and denied justice by the HCF and MBF. [More…]
I can assure honourable senators that in regard to at least 10 cases when I wrote to Bill Hayden the people concerned received justice. [More…]
The people concerned received justice because Mr Turner and Mr Cade of the hospital benefit funds knew that I would expose the funds in the Senate. [More…]
I refer to the Carlingford case involving a woman who was denied justice because of an accident that took place in the United States of America. [More…]
She would not have received justice but for the threat of exposure of the funds in the Senate. [More…]
I did not name the people concerned, not out of deference to Mr Cade or Mr Turner but in justice. [More…]
I am grievously disappointed,’ I waited for Senator Rae and for Senator Little- I know that he will reply in the debate- to answer the points made in this document prepared by Mr Justice Nimmo. [More…]
It was good enough for Mr Justice Nimmo to prepare the constructive proposals that he produced in 1969. [More…]
It was presided over by His Honour Mr Justice Nimmo, who conducted an inquiry at great length. [More…]
After having conducted that inquiry at great length, after, having- I say this for the benefit of Senator Jessop- visited Canada and inspected the Canadian scheme and after taking evidence Mr Justice Nimmo made the following findings: [More…]
It was an inquiry that was presided over by His Honour Mr Justice Nimmo. [More…]
Such an inquiry, as honourable senators will be aware, is at present being undertaken by the Taxation Review Committee under the chairmanship of Mr Justice Asprey. [More…]
We have therefore confined our investigations in this report to identifying what we believe are major defects in the Australian death duties system and to recommending guidelines for reform which if implemented will, in our opinion, make for improved efficiency and greater tax justice for all Australians. [More…]
In recommending these far reaching proposals for death tax reform which we contend will lead to improved efficiency and greater tax justice for all Australians, the Committee is mindful of the fact that if these recommendations are accepted, their implementation will involve considerable practical difficulties that can only be resolved by the closest co-operation between the Australian and State governments. [More…]
The Bill, as amended, does not ensure justice for all children but it does guarantee that every Australian school child in 1974 and 1975 will share in the per capita finance made available by the Commonwealth. [More…]
If we are not, we will certainly continue to press the Government to adopt our policy of justice for all children. [More…]
I do not think anybody will win until the day comes when we have full educational justice. [More…]
We regard this as merely a stepping stone to another campaign to get justice for schools and to establish the principle that we are not aiding schools which are the property of religious denominations; we are aiding Australian children who are attending these schools. [More…]
Does it mean that it is to be taken literally by those schools, that they can expect not to receive anything after this 2-year period has elapsed unless they go broke in the meantime or, by some other reduction of standards, manage to qualify for the Government’s idea of educational justice and equity? [More…]
In endeavouring to provide proper arrangements for legal aid, it is worth noting the warning of the Lord Chief Justice of England, Lord Widgery who spoke in Perth this year of the twin ogres of cost and delay. [More…]
I appointed the following persons to be members of the Committee: Mr Roy F. Turner, a member of the Council of the Law Society of New South Wales and a Vice President of the Law Council of Australia, the Chairman of the Committee; Mr Justice J. H. Wootten of the Supreme Court of New South Wales, past President of the Aboriginal Legal Service; Mr J. [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…]
If the growers could get justice on revaluation, and if some form of adjustment to the present level of costs, having regard to the price reduction caused by exchange changes, could be brought about by an adjustment of the stabilisation scheme, it would be of terrific help to this industry in this critical year. [More…]
It 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 interest of job mobility on the one hand and social justice for the individual employer on the other. [More…]
When Mr Justice Kerr was conducting his proceedings I took the opportunity to make clear my objection to a judge who occupied judicial office entertaining inquiries individually by some people in the absence of others and receiving statements not based upon any formal authentication. [More…]
Professor Downing has assured me that the Commission wants to ensure that justice is done. [More…]
There has been criticism of alleged conspiracies to pervert or obstruct the course of justice in other countries. [More…]
With the knowledge of those facts the Attorney-General certainly had a duty to see that justice was done and that justice was not perverted. [More…]
I do not wish to do an injustice to the Minister who in my view has been trying to do a first class job. [More…]
If only this morning he discovered that in fact the pistol was loaded and the circumstances of the loading of the pistol; if only this morning he discovered- he said this in the chamber this afternoon- that a young girl, a receptionist I think, was threatened- and one presumes threatened by a loaded pistol- to use the Minister’s words, I say that the Minister should have informed himself on the Thursday and should have seen that the proceedings from then onwards were carried out with full justice. [More…]
If they did inform themselves then and they allowed a court to proceed on evidence which was a perversion of justice they have committed a fault; and if they did not seek to find that evidence, they should have done so. [More…]
Did not Mr Justice Isaacs find that he had no power to order the parties to arbitration? [More…]
The Australian Labor Party has said very clearly in its federal policy- and this has been said very clearly also by members of the Government and by the Government itself- that there can be no settlement of the present crisis in the Middle East without, first, some justice being done to the Palestinian refugees. [More…]
One thing which we have to do, and which we have done, is to insist on all occasions that we are not prepared to see the destruction of Israel, and at the same time we are prepared to do what we can to work for justice to be done to the Palestinian Arabs, the former population, or descendants of the former population, of those areas which now constitute the State of Israel. [More…]
Due to the initiative of the Australian Government a very progressive jurist was brought from New Zealand in the person of Mr Justice Woodhouse to write a new chapter of compensation and disaster coverage. [More…]
I might add, in case any director of the Phoenix Insurance Co. is listening, that I did not worry about answering the company’s scurrilous letter to the Treasurer but I did present a pretty substantial submission to Mr Justice Woodhouse which answered very effectively, that company as well as its counterparts who have tried to ignore their responsibilities. [More…]
Unless this Government representing the national interest can induce the unions and the employers to get together to determine a system which will give the ordinary worker justice from a wage point of view, and ensure that the general interests of the community are preserved, within 8 months we will be in the same position as is Great Britain. [More…]
I believe that unless we can restore an arbitration system which will give wage justice we have no hope of getting out of the same kind of morass as that in which Britain finds herself. [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice. [More…]
I preface my question by saying that I make no reflection whatsoever on the suitability of Mr Justice Jacobs or on his high competence in the legal field. [More…]
In view of the Prime Minister’s statement yesterday that the circumstances surrounding the McLeod incident last Thursday might involve a conspiracy to pervert the course of justice or result in a miscarriage of justice, and in view of the concern generated in the public’s mind by information thus far elicited in this and in another place, will the Attorney-General make every effort to have the findings of the inquiry which has been instituted made available to the Senate early next week? [More…]
It came to the conclusion that the electoral system which gave justice and which was best for all parties and for the Australian Labor Party was proportional representation. [More…]
He told that organistion that in his view the only electoral system which would give this country electoral justice would be proportional representation. [More…]
I do not think its members ought ever talk about democratic representation or about electoral justice because they do not believe in these things. [More…]
The most important thing that I want to mention is that we have endeavoured at all dmes to do justice to the under-privileged, the lower paid and particularly the pensioners. [More…]
The people in other countries could then sit back and watch the interest and the dividends flow in while Australians were battling in the courts trying to get wage justice. [More…]
It is not for the farmers to go to the cost of appealing to this Commission for justice. [More…]
There is a tremendous disparity of justice in this area. [More…]
The involvement of people in our jury system has been over the years one of the reasons there has been a trust and a belief in the efficacy of our system of justice. [More…]
For all that one reads of the various reports from Mr Justice Else Mitchell and Mr Louis Voumard in Victoria in which the need for Commonwealth Government assistance is recognised, and for all that one knows of the condition of local government and the need it has for more money to achieve objectives in the area of local government- for all of those things, is it worth while to accept money on conditions from the Commonwealth which will tie the body which spends the money simply to do what the central government of this country requires. [More…]
Mr President, we have heard a great deal about justice and democratic rights over the past weeks. [More…]
The Government talks of justice. [More…]
The last Goverment set up the inquiry which is now being conducted by Mr Justice Toose. [More…]
Minister of Justice, that he was prepared to consider this matter with State representatives. [More…]
The Authority will have the power to enter and occupy land in areas it would like to explore and develop, and in the event of the occupier’s withholding his consent the Authority may apply to a Justice of the Peace for a warrant to enter, and neither the owner nor the occupier can raise any effective objection. [More…]
On the question of giving justice to people who have taken out home loans, I say that we are endeavouring to introduce a formula that will bridge the gap. [More…]
Is it that the Government has a guilty conscience because it is embarrassed by the fact that there has to be a large increase in order to give just plain justice to pensioners and to others? [More…]
I know whose minds are commercially oriented over and above a sense of justice. [More…]
Let them get it off the football ground and have it fixed by an independent tribunal and put onto their own Government or any other government the future responsibility to find the money tokens with which to give these people the justice they deserve. [More…]
The Government will not do justice to these people by making political footballs of them every time it drags their degradation- which it has created- into the Parliament to boost itself and its own political stocks. [More…]
I believe that any senator with any sense of justice would rise in his place and draw attention to this injustice. [More…]
Had he been there, I hope he would have received a little more justice and democracy than he received at Forrest Place. [More…]
Mr Justice ElseMitchell, who has written on this subject, enumerated the various matters that weighed with the promoter of that proposal. [More…]
But Mr Justice Else-Mitchell said: [More…]
In fact, I think that I truly express the conclusion of those Attorneys-General- Mr Snedden, Mr N. H. Bowen, Mr Hughes and Senator Greenwoodwhen I say that further consideration of the proposal did not enable them to escape the conviction that it would be a dangerous innovation in the system of justice in Australia and would add to the complexity and add vastly to the costliness of litigation. [More…]
a ) vested in or exercisable by the High Court or a Justice of that Court under any Act, or under regulations under any Act, other than an Act excluded by subsection (4), . [More…]
Superficially, no doubt, it appeared a natural thing for the new government to include courts of j justice of its own. [More…]
Superficially, no doubt, it appeared a natural thing for the new government to include courts of justice of its own. [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…]
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…]
To reject the advice of Mr Justice Dixon in the passages I have read and to opt for a division of the court’s jurisdiction so far as it affects the Federal legislature and its legislation would be most retrograde indeed. [More…]
Mr Justice Dixon when at the Bar made a most notable contribution by way of submitting evidence to the royal commission presided over by Mr Justice Nicholas which inquired into the Constitution in 1929. [More…]
There are some who would say that Mr Justice Dixon’s scholarship was theoretical, technical and legalistic. [More…]
Broadly, they arise from the fact that jurisdiction has been conferred upon a court on certain very limited matters by reference to considerations or criteria which have no relation to the practical administration of justice, but to circumstances which arise or features which are exhibited only accidentally or incidentally to the ordinary administration or justice, and this has been done from motives which ignore the efficient, speedy and orderly administration of the law, and concentrate upon the political expediency of a particular tribunal retaining control over particular questions which may be expected to arise, or dealing with particular persons who it was thought (why. [More…]
we do not know) might be the subjects of injustice in State courts. [More…]
I hope that the Senate will take these matters into consideration and reject the Bill as an attempt to retrogress in the administration of justice beyond the veil of tears. [More…]
What must happen as a result of such a duplicated system is the creation of so many complexities and difficulties for litigants that natural justice would be denied. [More…]
The whole basis of law, as has been said, is that it should be simple: It should give justice as well as appearing to give justice. [More…]
Of course, Senator Wright has quoted Sir Owen Dixon, a former Chief Justice of Australia in his opposition to a duplicate federal system. [More…]
Is there any suggestion at all that justice is not done in this way? [More…]
It must add to endless litigation and endless costs and it must therefore deny natural justice in the course of things. [More…]
It will destroy that essential simplicity and understanding which is surely at the heart of an acceptable system of justice in Australia. [More…]
The task of all courts is to do justice to all who appear before them. [More…]
Previous speakers have set out what ought to be the criteria for a sensible legal system under which justice should be done. [More…]
We want a system which is not too costly and a system in which people can have their rights litigated, declared and affirmed, and justice done at a cost which is within their means. [More…]
Furthermore, we need a system which is not so time consuming that justice is delayed and, therefore, justice is denied. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information, and whereas our existing Australian flag and our national anthem, ‘God Save The Queen’ are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State parliaments, the Government-General and State Governors, and the independent courts of justice, and whereas all such rights, liberties, heritage, advancement and prosperity, etc., are of no avail if our armed forces are unprepared or incapable of repelling invasion of our shores or withstanding other military threats, so therefore must all these things be accorded the highest national concern and priority. [More…]
If he wants to have some learning on these matters, probably one of the most famous legal decisions in history was given by the great Chief Justice of the United States of America, Chief Justice Marshall, on the matters of when appointments, commissions and so forth take effect. [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice, [More…]
As the honourable senator well knows, the reason we took France to the International Court of Justice and did not take China to the Court was that China never accepted the jurisdiction of the Court. [More…]
It just shows that if the Commissioners do have a capacity to vary the quota by up to 20 per cent they can bring about a fair amount of electoral justice. [More…]
I say that, because 1 appreciate the very great task that electoral commissioners have in attempting to do justice as between electorates. [More…]
he will have a great old fight to get justice from the HCF or the MBF. [More…]
Not everyone goes to his senator or House of Representatives member for justice. [More…]
The whole emphasis of his Bill was on the 1 3 per cent of people who were regarded as being under the poverty line and on what he considered were injustices to members of the AMA. [More…]
He is one of the people who has denied justice to many people. [More…]
I have mentioned before in this place the Bekovich case, but I did not mention the case until the woman involved received justice. [More…]
I simply say that the Government is making an endeavour, in the light of the criticisms made by Mr Justice Nimmo in his report, to reform the health system. [More…]
According to Mr Whitlam today, the autumn sittings are getting pretty short, and I think that it does no justice to the Senate to have the Minister bring forward 2 Bills and say: ‘Debate those. [More…]
As my colleague, Senator Mulvihill, said, it was presided over by His Honour, Mr Justice Nimmo. [More…]
After conducting an inquiry lasting some 18 months, Mr Justice Nimmo brought down a series of findings. [More…]
Mr Justice Nimmo said: [More…]
I remind honourable senators opposite that Mr Justice Nimmo, prior to the presentation of his report, also visited Canada and looked at the situation there. [More…]
But then it is necessary to advert to the fact that the person who has been designated to succeed Sir Paul Hasluck is Sir John Kerr, the Chief Justice of New South Wales. [More…]
But to such a degree has the draftsman of this Bill confused the GovernorGeneralship with the judiciary that there is a link between the pension to be payable to the Governor-General and the Chief Justice’s salary. [More…]
I point out that it is proposed to link the pension not with the Chief Justice’s pension but with the Chief Justice’s salary. [More…]
The Bill provides in clause 4 that an allowance is payable to the GovernorGeneral during his life at the rate stated, which is 60 per cent of the rate of the salary payable to the Chief Justice of Australia. [More…]
We are confronted with a Bill which provides that a Governor-General who retires at the age of 45 years shall receive, whatever be the period of his service, a pension equal to 60 per cent of the Chief Justice’s salary for the rest of his life. [More…]
It seems to me to be wholly inappropriate that wealthy persons who may be appointed should go out on a pension of 60 per cent of the Chief Justice’s salary after 3 or 5 years of executive service, or that political favourites appointed to an executive office should go out with this handsome pension which a Chief Justice earns by very different considerations. [More…]
Senator Murphy was reading his speech rapidly last night, as soon as the Bill was introduced, when I said that I wanted to examine, the Bill to ensure that no more than 60 per cent of the Chief Justice ‘s salary was being provided for by way of pension. [More…]
I submit that we will be doing the Constitution a great disservice if we introduce on different grounds and different conditions for a GovernorGeneral a pension which is expressed to be the equivalent of 60 per cent of the salary of the Chief Justice for the time being, unless we make it comparable in the conditions of entitlement to those to which the judges conform. [More…]
In other words, with this Government, electoral justice goes out the door. [More…]
If the allowance of the Governor-General is to be reduced by the amount of periodic pension payments he receives, it follows as the night the day that it is logical and fair that if that periodic pension is converted into a lump sum, then that lump sum should be subtracted from the 60 per cent of the Chief Justice salary that is payable to the Governor-General. [More…]
I cannot see that the slightest question of policy arises in this matter, and I would expect that every Labor man would support such a proposition, that is to say, that under the Act a retiring Governor-General is to be provided with a pension equal to 60 per cent of the Chief Justice’s salary, and if he is receiving a periodic pension either from the State or the Commonwealth or the Territory, whether it be a judicial pension, a parliamentary pension or, as I interpret it, a superannuation pension- as to that I ask the Minister to confirm my understandingthe amount of the periodic pension is deducted. [More…]
Nevertheless, our opponents have sharpened our sense either of j justice or injustice. [More…]
President, to you the Country Party gives its thanks for your impartial administration of justice of this House. [More…]
attempting to escape from justice; [More…]
Mr Justice A. O. Woodhouse, D.S.C., of the New Zealand Court of Appeal, was Chairman of the Inquiry and we are indebted to the Government of New Zealand which so freely made his services available. [More…]
Mr Justice C. L. D. Meares, Justice of the Supreme Court of New South Wales, and the Chairman of the New South Wales Law reform Commission, was the other member of the inquiry and I should like to place on record the Australian Government’s appreciation of the action of the New South Wales Government in making him available for this task. [More…]
He had been successively an Australian public servant, an accountant and a law partner of a Premier and a Chief Justice of Tasmania. [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…]
In view of a judicial decision given in April of this year by Mr Justice Fox, the sagacity and correctness of which I do not doubt, that under current legislation a person apprehended on the retractable steps of a civil aircraft while carrying a gun is not guilty of an offence, will the Attorney-General give consideration to having the law amended so that such persons can be charged with an offence? [More…]
1 ask: What is the position in regard to the inquiry into repatriation by Mr Justice Toose? [More…]
In substance I think that what Senator Wright has said as to the recommendations of the report of the committee presided over by Mr Justice Woodhouse is correct. [More…]
Naturally the recommendations in the Woodhouse Committee report and the recommendations from the inquiry by Mr Justice Toose into repatriation will overlap in many important respects and ultimately it will be essential for the Government and the Parliament to compare the 2 reports before there can be a satisfactory determination of the future of repatriation benefits. [More…]
The inquiry by Mr Justice Toose is almost completed. [More…]
As Senator Wright knows, a very thorough and a very searching inquiry into the whole of the existing repatriation structure has been undertaken by Mr Justice Toose. [More…]
The report by Mr Justice Toose will be tabled in Parliament immediately it is complete. [More…]
The only thing I would say is that while both the report by Mr Justice Toose and the report by Mr Justice Woodhouse and Mr Justice Meares have been commissioned by the Government they are not necessarily the policy of the Government, although legislation is obviously envisaged in the field of a national compensation scheme and obviously consideration has been given to making more satisfactory in some respects the present repatriation scheme. [More…]
Is it a fact that Mr Justice Woodward in his report on Aboriginal land rights said that his recommendations were being put forward as a basis for negotiation between Aboriginal councils and the Government, that Aboriginal people themselves must be fully consulted about any steps proposed to be taken and that an imposed white solution is unacceptable? [More…]
The Government intends to establish a commission, and legislation will be brought down in the Budget session for its establishment, along the lines recommended by Mr Justice [More…]
That is the type of electoral justice the Labor Party wants. [More…]
If the Australian Labor Party is so wedded to its claims of electoral justice, fairness and equality, regardless of the consequences, why has it not attempted to equalise the electorates in Tasmania, the Australian Capital Territory or the Northern Territory with the rest of Australia? [More…]
It has not been introduced for reasons of equity, of justice or to obtain one vote one value because those provisions are established under our present legislation. [More…]
I know it has been said that there is nothing sacred about the principle of majority rule, that it is a principle of order rather than exact justice. [More…]
The Committee also included Mr Hamilton, the then member for Canning and a distinguished member of the Parliament and a Country Party man also; Mr Downer, a former Minister and a former Australian High Commissioner; Mr Joske, who later became Mr Justice Joske; Mr Whitiam, now Prime Minister of Australia; Mr Ward; Mr Pollard; Mr Calwell. [More…]
In the High Court of Ireland, the judgment of Mr Justice Budd in the case of O ‘Donovan v. the Attorney-General in February 1961 stated: [More…]
Again in the United States Supreme Court in June 1964 in the case of Reynolds v. Sims, the Chief Justice in delivering the opinion of the Court said: [More…]
Justice Rehnquist, writing for the Court, argued that prior cases condemning smaller deviations were distinguishable because they applied standards for congressional districting drawn from article I, section 2 of the Constitution. [More…]
Relying on dictum in Reynolds v. Sims, the initial state legislative districting case, Justice Rehnquist found that more flexibility [is] constitutionally permissible with respect to state legislative reapportionment’ m order to enable states to pursue rational policy objectives. [More…]
What is wrong with that if it is going to give justice, if it is to keep as near as possible to one vote one value, to result in electorates of equal number? [More…]
By denying them the right to vote the Opposition is also doing them a grave injustice because the population of the Northern Territory is made up of a great many people who, in years gone by, have enjoyed the right in the States to vote at Senate elections and referendums and who, because they have decided to go the the Northern Territory and help in its development, have lost those voting rights and have been disenfranchised. [More…]
It has been endeavouring ever since 1 968 to give to the people in the Territories the justice to which they are entitled, that is, the right to stand up and speak for themselves on matters affecting the Territories and to have a say in this place. [More…]
Mr Justice Woodward in this report effectively sums up the history of the rapid and often brutal process by which the Aboriginal people were dispossessed in 5 brief paragraphs: [More…]
The significance of the judgment of Mr Justice Blackburn in the Northern Territory Supreme Court in 1971 was that it made it perfectly clear that if Aboriginals were to obtain land rights it would have to be by an Act of Government and not through the courts. [More…]
The campaign for land rights conducted by Aboriginal organisations and their supporters in the 1960s did not lack enthusiasm and the justice of the cause should have been apparent to all. [More…]
Mr Justice Woodward, referring to submissions urging that he consider the possibility of cash compensation, argues: That the only appropriate direct recompense for those who have lost their traditional lands is other land- together with finance to enable that land to be used appropriately, either for housing or for some economic purpose. [More…]
The Commission’s analysis of the problems and its recommendations will, I have no doubt, have far reaching implications for the whole relationship between Aboriginal Australians and their fellow citizens, Mr Justice Woodward has dealt with a most complex and difficult problem in an admirably clear and comprehensive way. [More…]
The able logician opposite evidently considers that this is a matter which should be perpetuated in the interests of justice. [More…]
Secondly, it is necessary also to ensure that the increasing number of white collar criminals cannot escape justice in Australia by flight. [More…]
I suggest that this is not justice, that it is cruel and, worst of all, chaotic. [More…]
If he does not consent, the Authority can get a warrant from a justice of the peace. [More…]
Under clauses 43 to 50, an act of gazettal and ratification by a justice of the peace enables the Authority to explore for and recover petroleum from a declared area. [More…]
The Governor-General at that time, Mr President, was an eminent former learned Chief Justice of the High Court of Australia. [More…]
It is open to the Governor-General to obtain advice on the constitutional question from other quarters- perhaps from the Chief Justice, the Attorney-General or eminent counseland then a solemn responsibility rests on him to make a judgment on whether a dissolution is needed to serve the purposes of good Government by giving to the electorate the duty of resolving a situation which Parliament cannot resolve for itself. [More…]
Mr Justice Owen had taken a contrary view in the Supreme Court. [More…]
If this principle is correct, why does the Government go through the pretence, if pretence it is, of allowing a Governor-General to seek or to obtain advice from a Chief Justice, from a Solicitor-General or from any experienced person in the community? [More…]
It is the job of the Attorney-General to see that justice is done at all levels, not to stack up litigation for some contest at some future time in the High Court. [More…]
It is an extraordinary situation for him to conceive that he should resist the normal processes of justice in this chamber. [More…]
I refer to the recommendation made by Mr Justice Campbell in his report entitled Inquiry into Academic Salaries’ and dated May 1973 in which he proposed the establishment of an academic salaries tribunal. [More…]
This was a very serious case and yet that was held to be not a miscarriage of justice. [More…]
We have been informed from that source that a majority of the Labor Caucus has approved of the recommendations of Mr Justice Campbell’s Remuneration Tribunal which deals, firstly, with the salaries of Ministers of the Crown, including the Prime Minister; secondly, with the salaries of members of Parliament - [More…]
The Bill warrants support because it extends the ability of this country to bring before its courts of justice those who it is believed have left Australia in order to avoid the justice of this country. [More…]
The first is that we in Australia- and I apply the principle in terms of the Australian situation- can have the greatest facility which our arrangements with other countries can make whereby anybody who is required to face courts in terms of a justice which is to be administered and who has left Australia ought to be able to be extradited back to Australia. [More…]
The Deputy Leader of the Opposition is not doing justice to his own analytical approach to questions. [More…]
I do not think that members of the Government disclosed when they received the report from Mr Justice Campbell, but they certainly had it long before the Opposition did. [More…]
Wright tells us, as if there were no other evidence presented, that it is ridiculous to pay the Chief Justice of the High Court of Australia $45,000 per annum, which possibly is not as high as the salary paid to the pilot of a Boeing 747 jet aircraft. [More…]
In fact Mr Justice Kerr, after making an examination here some years ago, visited the United States of America and England and then wrote to the Prime Minister of the day, Mr McMahon, pointing out that there was a tendency throughout the world for this interlocking situation to arise with people dealing with various types of salaries. [More…]
People believed that that sort of argument, apart from the arbitral determination brought down by Mr Justice Campbell and his two associates, should be carried. [More…]
We cannot relate parliamentarians to anybody in the community in a comparative wage justice case. [More…]
I rang Mr Justice Campbell in the first place. [More…]
If one reads through the report one sees that Mr Justice Campbell, who after all has a little experience in these matters, has anticipated every utterance and every argument that people are trying to raise at this point. [More…]
So if one wants to deal with this matter on an arbitral level, all those arguments have been anticipated by Mr Justice Campbell. [More…]
But all Senator Withers said was that the economic circumstances have changed since Mr Justice Campbell wrote his report. [More…]
Where the real things of politics are concerned, where it is the wealth of the community and the equitable distribution of wealth, where it means some taxes to bring some social justice into the community, where it is a significant increase in social service, they are all against it. [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 [More…]
They were all considered by Mr Justice Bowen when he was Attorney-General and his considered conclusion was that notwithstanding those difficulties the Superior Court Bill should be proceeded with. [More…]
It contained the proposal to increase pensions which obviously was necessary as a measure of social justice in the circumstances of a rate of inflation which this Government has not only allowed to continue but has fired through its term of office. [More…]
We know that that is a very good tactic of the trained lawyer, but I thought that Senator Durack would have done more justice to his case if he had kept to what is in the Bill and tried to debate it fairly and squarely. [More…]
I can give no undertakings at present other than to say that I am considering this matter, and shall be making submissions in due course to Cabinet with regard to extending these benefits which I think should be extended as a matter of justice. [More…]
Does he know that on appeal to the New South Wales Supreme Court by the mining company, Mr Justice Hope broadly upheld the Wyong Council’s view? [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…]
Senator Wright- this great custodian of morals, principles, justice and fair play, the upholder of the dignity of the Senate, the great statesman of Australia, the great man from the Island State who comes over here in defence of all that is fair and free- makes accusations, many of which are false, and will not permit a reply to be given to them. [More…]
I am glad to see that at least one member of the Liberal Party had the decency and the honesty to see that justice was done to both sides. [More…]
The denial of justicethat is what Senator Wright attempted to achieve tonight- is not typical of the profession which he follows. [More…]
It cannot hide behind Mr Justice Nimmo. [More…]
Senator Carrick made great play of the report of the Committee of Inquiry into Health Insurance, the Nimmo report, and demonstrated to us very clearly- I think we were all convinced- that Mr Justice Nimmo had said nothing about nationalising the existing funds. [More…]
That was quite remarkable; but it would have been more surprising if Mr Justice Nimmo had done the contrary, because his terms of reference were confined strictly to the existing voluntary health insurance schemes. [More…]
That is the antithesis of justice, to allow a Minister to pick the judge whenever an appeal is launched. [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…]
This issue has been the subject of separate detailed consideration by the Government which will place proposals before the conference called by Mr Justice Moore, President of the Conciliation and Arbitration Commission, on wage fixation methods and indexation. [More…]
It is this policy which informs both Bills and other measures such as the Australian Government submission put to the conference called by Mr Justice Moore, President of the Conciliation and Arbitration Commission, on wage fixation methods and wage indexation. [More…]
It throws up starkly the lack of concern of previous Liberal-Country Party administrations for the pursuit of justice regardless of the limited or non-existent means of the individual concerned. [More…]
Let us go back a little and see what the policies of the Liberal and Country Parties are on individual rights, justice and law reform, consumer affairs and other related matters. [More…]
After lengthy discussions the Antitrust Division in the Department of Justice approved the merger. [More…]
If so, will the Minister give urgent consideration to the restoration of wage justice to the officers concerned? [More…]
This transfer was held in abeyance awaiting the decision of the Aboriginal Land Rights Commission chaired by Mr Justice Woodward. [More…]
It is necessary for me to say only that such an ardent advocate for the civil rights of the consumer community and of the trade union community as Mr Justice Frankfurter, in writing his introduction to a book on this subject, very thoughtfully written in 1928 by Berman, said that the book: . [More…]
When he talks about this being just like what has gone on for 1 8 months he is not doing himself or the Senate justice. [More…]
Those rules, I think, are set out fairly clearly in the judgment of Chief Justice Jordan in the case of McFarlane v. Daniell, which is reported in 1938 New South Wales State reports, at page 345. [More…]
Chief Justice Jordan said: [More…]
AlthoughI would very much like to move on from this clause, perhaps I should refer to some statements made by Mr Justice Isaacs in the famous case heard in 1911 of the King and the AttorneyGeneral of the Commonwealth v. Associated Northern Collieries, commonly known as the coal vend case. [More…]
-Mr Justice Isaacs deals with the legislation and says: [More…]
It has been pointed out that the Commonwealth, under its own legislation- limited, as it is, to the corporations power- is not able to provide the small claims courts and the consumer tribunals which are required and cheap, quick and easy justice which is necessary for individuals whether they are dealing with other individuals or with corporations. [More…]
‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice. [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen,’ are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State parliaments, the GovernorGeneral and State Governors, and the independent Courts of Justice, [More…]
Immediately this comes up against a Sale of Goods Act a constitutional question arises and for as long as the long pocket of Coles will last in the taking of appeals to the High Court it will be able to litigate such a fellow out of any access to justice. [More…]
I think it sufficient to say that the proper approach to be pursued in relation to clause 109 was indicated by Chief Justice Dixon in the case of the Australian Coastal Shipping Commission v O’Reilly, which is reported in 107 Commonwealth Law Reports at pages 56 and 57. [More…]
The Privy Council in some famous case dealt with this matter, saying that the tribunals were not courts of law at all but decided cases on what they thought was, in effect, equity, good conscience, fairness, justice, and so forth. [More…]
The words beyond a reasonable doubt’ are hallowed words and they constitute the bulwark of our system of criminal justice. [More…]
It was a decision- the reference is in the Argus Law Reports of 1966, page 270- in which the full court of the High Court of Australia consisting of the Chief Justice Sir Garfield Barwick, Mr Justice Kitto, Mr Justice Taylor, Mr Justice Menzies and Mr Justice Windeyer delivered a unanimous judgment. [More…]
As to how one approaches such matters, I refer again to the famous words of Mr Justice Dixon in Briginshaw v. Briginshaw. [More…]
Mr Justice Dixon said: [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice. [More…]
Only last week or the week before at the meeting convened by Mr Justice Moore around the question of industrial relations, attended by the most important people in the community, Mr Cameron proposed a system of indexation of wages. [More…]
As the Postmaster-General (Senator Bishop) stated in his second reading speech, the present proposals arise from the decisions of the national conference under Mr Justice Woodward’s chairmanship which took place in 1967 and the matters concerned relate to permanent employment for the waterside work force on a weekly hiring basis, a pension scheme, the redundancy, disciplinary procedures and industrial dispute settlements, but they are of a temporary character and were expressly of a temporary character when they were first introduced in 1 967. [More…]
When her husband became the Chief Justice of New South Wales she fully particpated in the activities of her husband who was also Lieutenant-Governor. [More…]
New Zealand joined with Australia in taking action before the highest legal body in the world, the International Court of Justice, to seek an order halting further atmospheric tests. [More…]
Senator MURPHY (New South WalesAttorneyGeneral) For the information of honourable senators I table the following 2 documents relating to the proceedings by Australia against France in the International Court of Justice concerning the prohibition of further atmospheric nuclear tests at the French Pacific Test Centre. [More…]
Senator Murphy and Senator Withers were both members of the Committee at the time that very valuable submissions were presented by Mr Ray Watson, Q.C., from the New South Wales Bar, and also by Mr Justice Selby. [More…]
On the Friday a decision was to be made by Mr Justice Wickham in the Supreme Court of Western Australia on issues which had been delayed because of problems as to whether a particular person had been served with a summons. [More…]
Mr Justice Wickham made no adverse comment on the Australian Government or on Ministers of the Australian Government. [More…]
They are the nations where the concepts of law and order, justice and the rights of free men and freedom of speech are maintained. [More…]
Aborigines are involved in the administration of justice, of course, in the Aboriginal Legal Aid Service which is administered by the Minister for Aboriginal Affairs, Senator Cavanagh. [More…]
The Government is firmly committed to the involvement of Aborigines in the administration of justice. [More…]
A scheme is being evolved in the Northern Territory for the training of police cadets of whom it is expected that Aborigines will be a prominent section, and also of police liaison assistants to act as interpreters and in other roles in the administration of justice. [More…]
I am speaking now only in relation to what Mr Justice Woodward recommended in relation to mining. [More…]
The writ, which was brought before Mr Justice Fox yesterday afternoon, seeks orders to prevent persons from conducting mining activities without first consulting the plaintiff, Mr Coe. [More…]
His Honour Mr Justice Fox said that he was considering the action as an urgent ex parte application and he was prepared to keep an open mind on what he called an unusual application of a novel concept. [More…]
His reply was that he was of the opinion that it would depend upon how much His Honour Mr Justice Fox could be influenced by the decision that was made here today. [More…]
It is of extreme public interest that no conduct should be permitted which is likely to prevent a litigant in a court of justice from having his case tried free from all matter of prejudice. [More…]
But the administration of justice, important though it undoubtedly is, is not the only matter in which the public is vitally interested; and if in the course of the ventilation of a question of public concern matter is published which might prejudice a party in the conduct of a law suit, it does not follow that a contempt has been committed. [More…]
What the Lord Justice was there saying, in my judgment, is that, if you had such a discussion in a paper of the rights of some pending litigation as is calculated to prejudice the proper trial of the action, that is a serious contempt which will be met with the necessary punishment. [More…]
Those who comment can deal faithfully with all that is done in a court of justice. [More…]
This matter will be heard by Mr Justice Fox. [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 permitting its proceedings to interfere in the course of justice. [More…]
Apart from particular matters, such as criminal cases, courts martial, civil cases and matters referred by a legislature to a judicial body, the rule has application to other hearings, inquiries and investigations in which the rights of individuals, or a community group, or the achievement of justice may be prejudiced, and it is the obligation of the Chair to hold the balance between the rights and duties of the House on the one hand and the rights and interests of the citizens on the other. [More…]
I think it was in 1918 that Mr Justice Higgins, the first President of the Conciliation and Arbitration Commission, made the comment in the waterside workers’ case that ‘competition for membership between unions is disastrous to industrial peace’. [More…]
It is to the eternal credit of Mr Justice Robinson that he appreciated that the men’s fears in regard to safety were well and truly founded. [More…]
In its policy on wage indexation, currently under discussion under the auspices of Mr Justice Moore, the Government has put forward a package proposal which is designed to curb ‘double-counting’ with regard to prices in determination of wage claims. [More…]
At the same time, the Australian has been a tolerant person who has wanted to see social justice. [More…]
I referred earlier to the fact that I believe that Australians believe in social fairness and social justice, that they are basically a tolerant nation, but over the last 20 months, and particularly latterly, we have seen an alarming divisiveness grow in our society. [More…]
The Government talks much about its ideals of social justice. [More…]
There appears to be some difference between socialism and social justice at the moment. [More…]
How are the fine words about social justice justified by the imposition of the capital gains tax? [More…]
When the Australian Labor Party entered the 1972 and 1974 Federal elections and talked about social justice it did not reveal the hidden realities that the Australian people would have to contribute. [More…]
Where does this ‘super tax’, this ‘unearned incomes’ tax, fit into the Government’s notion of social justice? [More…]
Also, is Australia still pursuing its proceedings in the International Court of Justice concerning atmospheric nuclear tests by France? [More…]
The Government has protested against this action by the French Government which is in breach of the order of the International Court of Justice of 22 June 1973. [More…]
The national compensation scheme, as put forward by Mr Justice A. D. Woodhouse, D.S.C., and Mr Justice C. L. D. Meares, is a total concept, designed to guarantee the social well-being of all those in our community who encounter difficulty through illness, accident, or congenital disability. [More…]
Tasmanians are sick and tired of the unending delays in granting simple justice to their State in the matter of freight costs between this island and the rest of Australia. [More…]
It can destroy all your efforts and ours- to improve living standards and promote security and social justice. [More…]
For all its difficulties and shortcomings, the Australian Constitution is not an insurmountable barrier against social reform and social justice . [More…]
It provides no stability, no justice, no hope. [More…]
-That was a court of inquiry presided over by Mr Justice Dunphy. [More…]
In view of the great disabilities suffered by the blind, will the Minister urgently take action to see that this allowance is restored without delay and thus give justice to these pensioners? [More…]
I want to raise a couple of points in relation to justice in Queensland gaols and the justice system in Queensland generally. [More…]
But there are a number of things that I want to read into the Hansard record because they are of paramount importance so far as the State of Queensland is concerned and so far as justice in Australia is concerned. [More…]
He lodged his complaints with the doctor and the visiting justice. [More…]
If the Premier- and I am referring to my good, close, personal friend, Holy Joh- and his Cabinet evade the issue they should be prepared to hand over the whole prison system in Queensland to the Australian Government, and those who have been accused by society will then at least be sure of justice. [More…]
In particular, I accuse the Premier and his Cabinet of meting out less than justice to those who are deprived of their personal freedom. [More…]
To suggest that the principles in this matter cannot be discussed and debated in the Senate and that we cannot make up our minds is not doing justice to those people in the community who look to the Parliament to make laws and to debate them. [More…]
The Committee was constituted by Mr Justice Sweeney of the Australian Industrial Court who was assisted by Mr R. E. McGarvie Q.C. [More…]
-Can the Minister representing the Prime Minister report on a probable date of receipt of the Remuneration Tribunal report by Mr Justice Campbell in relation to academic salaries? [More…]
It states that yesterday, 2 1 October, Mr Justice Campbell wrote to the Prime Minister advising him that he has decided to make an early review of academic salaries under the Act with a view to giving an early interim determination and report. [More…]
Mr Justice Campbell expects to complete the review before the end of this year. [More…]
The shadow Minister for Justice in the Queensland Parliament posed questions to the Minister after my statement here last week. [More…]
As I indicated, there is no question in anyone’s assessment of the structure which Mr Justice Sweeney has recommended but that complementary legislation by the States is required and co-operation by the unions is required. [More…]
I hear Senator Button say: ‘That is ludicrous’, but I do not think that that comment does him justice. [More…]
I stop here again to say that that I think was the view which New South Wales at least put before Mr Justice Sweeney, and he adverts to it in his report. [More…]
The concern we have, and it is developing, is that Mr Clyde Cameron has unilaterally instituted this course and by unilateral action without consultation has jeopardised what Mr Justice Sweeney put forward as a projected solution which, if it is to work, depends on co-operation. [More…]
I can only say that this legislation in fact was drafted in essence by Mr Justice Sweeney who at this stage would be probably the most competent authority to deal with the legislation. [More…]
I do not recall what happened in 1973, but it was not until early 1974 that Mr Justice Sweeney- a one-man inquiry, assisted by counsel- was appointed with a view to resolving some of these problems. [More…]
What this Bill seeks to give effect to is the report of Mr Justice Sweeney. [More…]
I think that one must recognise the effort and the real attempt to make a resolution of this question which is contained in the document embodying Mr Justice Sweeney’s report. [More…]
This Bill, of course, very substantially gives effect to what Mr Justice Sweeney recommended. [More…]
But I draw attention to 3 matters which Mr Justice Sweeney regarded as crucial to the implementation of his resolution of these problems. [More…]
It is a bold step and one in which Mr Justice Sweeney may well be right in saying that he believes the Commonwealth has that power, but it is clearly an area in which doubt does exist and will exist until at some time in the future the High Court is called upon to make some adjudication. [More…]
In paragraph 15 on page 12 of Mr Justice Sweeney’s report he states: [More…]
The kernel of what Mr Justice Sweeney recommends is based upon the validity of a law of the character which is contained in this Bill under the Commonwealth Constitution. [More…]
The second point is that the whole scheme of what Mr Justice Sweeney is contemplating depends upon complementary State legislation. [More…]
At pages 28-32 of Mr Justice Sweeney’s report he sets out the various areas in which there must be complementary State legislation. [More…]
Mr Justice Sweeney continues: [More…]
Mr Justice Sweeney went on: -the power which now appears in the Act and in a number of State Acts giving power to the tribunal to make an order entitling persons to membership and requiring the organisation to admit them is another question . [More…]
That is one of the steps which Mr Justice Sweeney recommends, but these steps will be of no consequence unless the complementary amendments required to be made to State legislation by State parliaments are made. [More…]
I invite the PostmasterGeneral (Senator Bishop), who represents in this chamber the Minister for Labor and Immigration, to indicate whether he can say positively that the States will implement complementary State legislation as required by Mr Justice Sweeney. [More…]
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 [More…]
I know that Senator James McClelland shares my view that there has been no legislation comparable to that in connection with which 1,000 copies of the tremendous report prepared by Mr Justice Sweeney- assisted by Mr McGarvie, Q.C.- were sent out. [More…]
If one reads the Minister’s second reading speech and the report of Mr Justice Sweeney, one sees that State Ministers of Labor and others involved in the State industrial field should have been aware of what was happening. [More…]
In the overall considerations that were arrived at Mr Justice Sweeney made an evaluation. [More…]
In most cases even with such an illustrious jurist as Mr Justice Moore or Mr Justice Robinson people have to make concessions. [More…]
It was good enough for one of the people involved in this dispute, Mr McBeatty, to say to me on 6-hour day that he hoped that when I came back to Canberra I would support action to implement speedily the product of the mind of Mr Justice Sweeney. [More…]
The report on which this Bill is based is, as Senator Greenwood stated, the product of the labours of Mr Justice Sweeney. [More…]
I thought that I detected some suggestions from Senator Greenwood that perhaps Mr Justice Sweeney was not the most competent man to comment on these problems. [More…]
In my view, if we were to search throughout the country it would be very difficult to find anybody more competent to come up with a solution to this problem than Mr Justice Sweeney. [More…]
Mr Justice Sweeney, who was then a leading counsel at the Sydney Bar, acted in the matter and succeeded in persuading the court that the victory should go to our side. [More…]
In fact, one of the judges in the Moore v. Doyle case- the judge, who I happen to know, was instrumental in drawing to the attention of both the State and Federal legislatures the necessity for getting together to find some solution to this problem; I refer to Mr Justice Kerr, the present distinguished Governor-General of Australia- was in a position to know more about this problem than even Mr Justice Sweeney. [More…]
This is because Mr Justice Kerr, as a barrister, had been briefed in many cases- some of them cases in which I was the instructing solicitor- in which this problem of the dichotomy between State and Federal law in the matter of the status of registered organisations was at the heart of the problem. [More…]
It was the conjuncture in that case of the counsel, Mr Sweeney, Q.C., as he then was, Mr Justice Kerr on the Bench and, if I may say humbly, my presence in the case, which produced the passage in the judgment drawing the attention of the legislatures of this country to the need to do something about this festering sore. [More…]
Mr Justice Sweeny has said constantly that this is a problem that cannot be solved by the Australian Government alone. [More…]
Later, as honourable senators know, when we became the Government the Minister for Labour (Mr Clyde Cameron) requested Mr Justice Sweeney and a committee to report on these matters. [More…]
Mr Justice Sweeney has discussed it in the report, and the decision is that it could be. [More…]
As a matter of fact, what we have done is simply to follow the suggestions and drafting recommendations of Mr Justice Sweeney. [More…]
It has put into the Bill the recommendations of Mr Justice Sweeney and his Committee. [More…]
Some of these problems are referred to by Mr Justice Sweeney. [More…]
The reason for that proposed section is that it is constructive and it has been recommended by Mr Justice Sweeney. [More…]
We are simply reporting that Mr Justice Sweeney indicated this as one of the things which might be done. [More…]
It is only at the last minute that we find that this is a matter not of ventilating justice but of using a matter which we are notified is now before the court for the sole purpose of further repeating slander against an honourable senator in this chamber. [More…]
It is essentially admitted on all sides that there are provisions in that Act which must be changed to bring justice to this area of the law. [More…]
At a seminar approximately 2Vi years ago a most experienced judge in this field, Mr Justice Selby of the New South Wales bench, in answer to a question from me, said: ‘Yes, there must be a cooling-off period’. [More…]
We propose to have among the things considered in the awarding of maintenance, any fact or circumstance which the justice of the case requires to be considered. [More…]
On the mere test of need she would possibly be entitled to have it but we want it left open so that a court in such circumstances can say: ‘No, the special facts here require that in justice you be denied maintenance from your husband’. [More…]
There has been a quite distressing example of that sort of thing in recent months when a few celebrities have had themselves paraded through the newspapers in matters which obviously were of no concern to anybody but themselves and to the authority- that is, the court- which has to arbitrate in these matters and see that justice is done. [More…]
I am anxious that we should get justice for the women who have been a disadvantaged group in our society up to now. [More…]
A Bill which promises so much will be a farce if social justice does not follow it and if in fact the same kind of bitterness that we see at the present time carries on after this Bill is passed. [More…]
These farcical hearings have brought the courts and the administration of justice into disrepute and have been humiliating to judges and to legal practitioners alike. [More…]
This is because it is based on the adversary system of justice. [More…]
It is a matter in which I am interested as a matter of simple justice and a matter which I think the Government would do well to look at clearly and carefully early in the piece. [More…]
Has the AttorneyGeneral noted the remarks made by Mr Justice Head in Sydney last week in sentencing Jacob Suljak, Tomo Juricic and Ante Lasic? [More…]
Mr Justice Toose has certainly been making a most thorough inquiry into the repatriation system since the previous Government appointed him. [More…]
Mr Justice Toose has undertaken to provide it. [More…]
I ask the Senate to acknowledge that, although our society is changing, the cry of women’s lib is not an excuse for bypassing social and economic justice. [More…]
The intervention of the law into such a relationship as this requires the application of the basic legal principles of justice, certainty and practicability, which we always try to apply. [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…]
In that country it took some 6 years from the time the royal commission was appointed in 1966, under the chairmanship of the same gentleman to whom we are referring here- Mr Justice Woodhouse- until the Bill was presented. [More…]
Mr Justice Woodhouse says that it is not necessary. [More…]
I have said that the law in this and in any other respect seeks to achieve the principles of justice, certainty and practicability. [More…]
I have seen lawyers, who have sworn to uphold justice, knowingly connive in this sort of charade. [More…]
Mr Justice Selby’s view of irretrievable breakdown of marriage as a single ground of divorce. [More…]
It goes on to deal with Mr Justice Selby’s evidence. [More…]
Mr Justice Selby, Chief Judge of the Family Law Division of the N.S.W. [More…]
However examination of the evidence given to the Committee by Mr Justice Selby indicates that he does not support that view, and indeed supports the opposite. [More…]
The reason that that situation is different from the question of breaking or dissolving a marriage, that the latter is so much more emotional, is because there is the matter of justice in the area of property, joint property which has been earned through joint effort which must be justly and reasonably settled and because, crucially, it is highly likely that the marriage will include a giving birth to children and the welfare of the children of the marriage must be paramount. [More…]
Honourable senators opposite came in here after an arbitration was made, according to law, by Mr Justice Campbell about statutory offices and they disallowed that arbitration. [More…]
I will give some illustrations of the injustices that we were subjected to. [More…]
The only way I got justice from the then Minister for the Interior was to deliberately park where I should not park and when I got my infringement notice I sent a copy to the Commissioner of Police in Sydney and another copy to Peter Nixon and said: ‘You can fight it out and do what you like’. [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice, [More…]
I know that in the United States of America the Quakers have written a manual on it called The Struggle for Justice’. [More…]
All these books and all the material that is coming forward indicate that the utmost discrimination is being practised in the administration of the system of criminal justice. [More…]
It is a clear expression of their political views and their demand for justice. [More…]
You can make a mockery of the system of justice, and generally very little will be done about it. [More…]
Will your Government take any necessary action in the United Nations to ensure that the basic principles of the Universal Declaration of Human Rights freedom, justice and peace would be applied to our native country Lithuania and other Baltic States? [More…]
And whereas our existing Australian Flag and our national anthem, ‘God Save The Queen’, are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State Parliaments, the GovernorGeneral and State Governors, and the Independent Courts of Justice. [More…]
Mr Justice Else-Mitchel will replace Sir Leslie as Chairman of the Commission. [More…]
Whatever else the present Attorney-General may achieve, despite the Australian Senate, I believe that he will be able to look back- hopefully we will never turn the clock back- on the fact that this national Government recognised that if justice was to continue to have the connotation which it has had in the past it would have to go hand in hand with a liberal legal aid system. [More…]
I have just raced into this chamber to say that if we are going to have even-handed justice in this matter I hope that the President of the Senate will inquire into this and look at the Cairns newspapers and National Party advertisements. [More…]
It is obvious that he has a knowledge of this subject but it is unfortunate that he cannot do justice to his people because of his political affiliations. [More…]
We approached all State Premiers to see whether they would extend to the States what Mr Justice Woodward recommended for the Northern Territory. [More…]
The reply, I believe, did neither justice to the Minister nor to the question. [More…]
Is Mr Justice Williams a servant of the Labor Government and its Leader and head of a tribunal which is not capable of acting, or allowed to act, independently? [More…]
It is very difficult to work out a formula which takes recognition of this fact in the matter of maintenance when the marriage breaks down but in the matter of simple justice to almost half the citizens of our community this must be done. [More…]
Those are the facts of working life in Australia and, in justice, they must be considered by the Family Law Court or whichever court considers this Bill or any future Bill. [More…]
Whilst our society today may not have been responsible for it and may not have that point of view- it is a qualified statement on my part- our society must recognise the fact, must accept the responsibility and must be prepared to pay the cost, if purely in terms of simple justice. [More…]
This was the recommendation that there be a further provision inserted in subclause (2) of clause 54 to the effect that any fact or circumstance which in the opinion of the court the justice of the case requires to be taken into account be included in the Bill. [More…]
He pointed out situations where, on the actual wording of the Bill, we could have an unjust case if we looked only at need, that there is need for a flexible provision in this clause which would enable the court to deal in justice and fairness. [More…]
The present situation leads to all manner of injustices and abuse by individuals in the situation where the marriage has already irretrievably broken down. [More…]
Above all else, because it is the key to anybody’s concern with a Bill relating to the family or divorce, we have to give the means for justice and a decent life to the really innocent parties- the children of those broken down marriages. [More…]
The sales line for this Bill was that the Chief Judge in Divorce in New South Wales, a very respected person, Mr Justice Selby, had allegedly argued for one ground, and that one ground was irretrievable breakdown. [More…]
It is a great pity that this Senate and the Senate Committee on Constitutional and Legal Affairs have not sought to put the situation right, because for whatever reason the Committee’s report presented a part of Mr Justice Selby ‘s evidence in such a way that he at least feels that he has been misrepresented. [More…]
I will read what Mr Justice Selby said in evidence. [More…]
In evidence before the Senate Standing Committee on Constitutional and Legal Affairs, Mr Justice Selby is quoted as saying: [More…]
Let the record be right: Mr Justice Selby now says that he believes that there should be a number of grounds, a number of tests for divorce. [More…]
The legal processes require the application of justice, certainty and practicability or, as the Attorney-General (Senator Murphy) has said, they should be designed to buttress rather than undermine the stability of marriage, and when the breakdown occurs the processes should take place with the maximum fairness, the minimum bitterness and the minimum distress and humiliation. [More…]
I am greatly attracted by the reference in the Standing Committee’s report in relation to the Family Law Bill to the evidence given by Mr Justice Burnett of Adelaide. [More…]
It should be terminated with justice to the parties but with paramount consideration being given to the interests of the children. [More…]
We can imagine what sort of justice will be obtained in that case. [More…]
You have not been able to adjust your business in such a way as tq give some sort of economic justice to your worker. [More…]
But they have not resulted from the inquiry being undertaken by Mr Justice Toose because the findings of Mr Justice Toose are still as yet not available. [More…]
I have asked Mr Justice Toose to let us have his report by the end of March next year. [More…]
The inquiry by Mr Justice Toose was instituted by the previous Government, and the term of the inquiry has been extended by this Government. [More…]
I think it could fairly be said that in many respects the administration of the system and the legislation regulating the system are perhaps unnecessarily complicated, and it is on these matters that Mr Justice Toose is reporting. [More…]
As soon as Mr Justice Toose has delivered his report to the Government I shall see that the Parliament is informed of what His Honour has recommended. [More…]
In the other case with regard to divorce and matrimonial causes the only judge of the Court still remaining with it, Mr Justice Menzies, made it quite clear that the matrimonial causes jurisdiction does not have the width of meaning and interpretation given to it by this legislation. [More…]
One does not know what the remaining 6 judges will say, but if lawyers are to approach this matter in terms of what the power might contain they obviously would look to what Mr Justice Menzies said. [More…]
I hope honourable senators will bear with me, if they consider themselves judicial, and listen to what Mr Justice Menzies said in the case of Lansell v. Lansell. [More…]
As honourable senators would expect, very much attention has been paid and most serious consideration has been given to what has been said by the court, including what was said by Justice Menzies in his dissenting judgment in the case to which Senator Greenwood referred. [More…]
I do not think it is an adequate treatment of what Mr Justice Menzies said simply to dismiss it as lacking any real substance. [More…]
Mr Justice Kitto expressed the view this aspect was adverted to by the authors- that many of the powers which were given under the 1959 Act could well be regarded as powers with regard to property, not with regard to marriage. [More…]
It leads to great expense and no justice to the parties involved. [More…]
In the Marriage Act case in which the High Court considered questions involving the extent of the marriage power Justice Taylor was inclined to give a wide interpretation to the term “marriage’, as was Justice Menzies who said: ‘The power must extend to the mutual rights and the obligations of spouses unless it be that State laws could deprive that marriage, according to Commonwealth law, of any legal significance except for Commonwealth purposes. [More…]
Surely it is not beyond the resources of this country to bring justice in matrimonial affairs to remote parts of the continent. [More…]
There is no doubt in my mind that justice is frequently not done when parties cannot afford to have a lawyer. [More…]
The office which U Thant held has been described with justice as the most impossible job in the world. [More…]
It is obvious that the quality of justice in family law matters should be even-handed across Australia. [More…]
I believe such a Court will provide justice, compassion and help and put Australia in the forefront of family law reform. [More…]
The amount spent on justice in this community is very slight indeed. [More…]
I think we would not want to have this new system administered in the same courts as civil and criminal justice is being administered unless that were necessary. [More…]
A judge shall, before proceeding to discharge the duties of his office, take, before the Chief Justice or a Justice of the High Court of Australia or a Judge of the Family Court or of another court created by the Parliament, an oath or affirmation in the following form: [More…]
Undoubtedly the public would come to regard the situation which would be created under this beneficial legislation as one in which there were 2 sets of justice- one Federal and superior and one State and inferior or second class. [More…]
These things are all very confusing for individuals in this community who are concerned about one thinghaving their matrimonial problems resolved with the maximum of speed, the maximum of dignity and the maximum of justice particularly to children involved in matrimonial disputation. [More…]
Is he suggesting that State justice is inferior to Federal justice? [More…]
I think the State Supreme Courts have had a very fine record in this country in the administration of justice. [More…]
I believe that many people I know would prefer to receive appointments to State Supreme Courts than to some new Federal court which has not yet proved its record in the administration of justice. [More…]
Some Overseas Departments of Justice and Attorney-General. [More…]
The amendments permit an Aboriginal or Islander to terminate the management of his property by notice in writing witnessed by a justice of the peace. [More…]
The present Queensland law provides merely for an appeal to a district officer and to a visiting justice. [More…]
When he gave evidence -some time ago now- Mr Justice Selby, who was the first witness to appear before the Senate Standing Committee on Constitutional and Legal Affairs, stressed the point that people really must be encouraged to work at their marriages. [More…]
I believe 12 months gives justice in terms of not being too long. [More…]
That was the case of Porter v. Porter in South Australia which was decided by Her Honour Justice Mitchell. [More…]
In the circumstances in which Porter v. Porter was decided, Justice Mitchell said that if the facts met the test- that is, that people living under the one roof were still able to establish the ground of separation- that ground can be shown to have been proved. [More…]
Certainly the language of Justice Mitchell in Porter v. Porter and the language of the majority of the court in New South Wales in Crabtree v. Crabtree would permit that type of interpretation. [More…]
I do not care whether one looks at the book which was edited by the Attorney-General’s adviser, Mr Watson, together with Mr Justice Toose and Dr Benjafield, whether one looks at Mr Finlay ‘s volume or whether one looks at the other writings of the academic writers, but there is generally accepted to be a very real area of doubt as to what is the proper material upon which a court should decide whether or not separation has been established between the parties. [More…]
any fact or circumstances which in the opinion ofthe Court the justice ofthe case requires to be taken into account ‘. [More…]
I can well envisage a situation in which, in the interests of justice and in order to settle a matter of marital property- this is the matter at which we have been looking- a person may be forced to take proceedings. [More…]
It is a situation which in all justice demands that she should still have some rights to maintenance from her former husband. [More…]
Insert the following new clause: 17c A Judge shall, before proceeding to discharge the duties of his office, take, before the Chief Justice or a Justice of the High Court of Australia or a Judge of the Family Court or of another court created by the Parliament, an oath or affirmation of allegiance in the form in the Schedule to the Constitution and also an oath or affirmation in the following form- [More…]
A judge shall, before proceeding to discharge the duties of his office, take, before the Chief Justice or a Justice of the High Court of Australia or a Judge of the Family Court or of another court created by the Parliament, an oath or affirmation of allegiance in the form in the schedule to the Constitution and also an oath or affirmation in the following form: [More…]
In particular in regard to what constitutes a separation and living apart it does less than justice to what ought to be the proper determination of the one ground which is involved in this Bill. [More…]
I think that not only the Government but also everybody in this House views with very great concern any situation anywhere in which the fundamental rules of justice, including the right to a fair and independent trial, are abused. [More…]
The Opposition, as was mentioned in the other place, recommends that the Jess Committee or its equivalent be reestablished in order to check on the anomalies and to bring, as we call it, justice to a lot of those people who retired prior to the new scheme coming into effect on 1 October 1972. [More…]
It is still argued that it is a continuous process between the Commonwealth and the States to seek to get justice and some form of equality of living standards and opportunity in the Australian scene. [More…]
So the call for justice is a very strong one in South Australia on behalf of rural landholders. [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 Aboriginals who have lost their lands. [More…]
I suppose one may cite the case of a justice of the peace. [More…]
My question which is directed to the Attorney-General relates to the refusal of the Secretary of the Seamen’s Union of Australia, Mr E. V. Elliott, to supply documents to Mr Justice Sweeney, the royal commissioner conducting an investigation into alleged payments to maritime unions. [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 matters relating to the qualifications of judges and to the tenure of judges’ appointments. [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…]
They will lead to policies which will lead to a LiberalCountry Party government in this country and in that way financial measures will do fair justice to the States in the future and will not be a matter of dole and charity. [More…]
One speaks of natural justice. [More…]
They bear little relation to our laws or our sense of justice. [More…]
It would be a misdirection of justice to force, by laws, our lawyers into this simple setting. [More…]
In the conduct of the most important case that Australia has ever had, what is said to be the greatest case that has ever been in the International Court of Justice, his work has been of extreme value to Australia. [More…]
The new Queensland laws now provide that an Aboriginal or Islander may terminate the management of his property by notice in writing witnessed by a Justice of the Peace. [More…]
The Committee, set up in 1 972 under the Chairmanship of Mr Justice Asprey was charged with inquiring into the ‘structure and operation of the present Commonwealth taxation system ‘ and formulating proposals for its improvement. [More…]
Owing to lack of progress a Committee of Inquiry was established, chaired by Mr Justice Sweeney. [More…]
Therefore, with the existence of the Northern Territory Reserves Board, with the existence of the new Legislative Assembly and with the report of the Joint Committee, one feels that there is utter justice in the complaints that come in very strong terms, particularly from Dr Goff Letts, the majority leader in the Assembly, saying: ‘Why are we not consulted, why are we not being taken into partnership and why do you not delay this measure until you have consulted with us?’ [More…]
The Federal Opposition believes emphatically that the Northern Territory Legislative Assembly has justice on its side in this complaint. [More…]
The Government wishes to record its appreciation to Mr Justice Campbell who constitutes the singlemember Academic Salaries Tribunal for his early attention to this Review, having completed it in less than 2 months after the establishment of the Tribunal. [More…]
Surely as a matter of justice we should be fair and let the tribunal decide the question. [More…]
Sir Alan Mann gave the best years of his life as the Chief Justice of Papua New Guinea. [More…]
The subsequent Chief Justice, Mr Justice Minogue, has likewise done a tremendous work in developing the prestige of that Court and in ensuring that throughout that Territory the justice of the Territory, the justice of the government and the law which the Government represents has been able to be recognised and to be enforced. [More…]
I inform the Senate of the following changes which have been made in the Ministry following the appointment of the Honourable L. K. Murphy, Q.C, as a Justice of the High Court: Leader of the Government in the Senate and Minister for Agriculture, Senator the Honourable K. S. Wriedt; Attorney- General and Minister for Customs and Excise, the Honourable Kep Enderby; Minister for Manufacturing Industry, Senator the Honourable Jim McClelland. [More…]
I refer to the statement of the President of the Conciliation and Arbitration Commission, Mr Justice Moore, that decisions by the Prices Justification Tribunal had delayed the movement towards conciliation between unions and employers. [More…]
I believe that a royal commission of some kind would bring to light not only the atrocities which are being perpetrated against Aborigines and of which Senator Keeffe has spoken but also the fact that there are occasions when members of law enforcement agencies need to chastise and bring to justice Aborigines who are not doing the right thing. [More…]
So surely a royal commission in this area would serve the purpose of making us all satisfied that justice not only will seem to be carried out but also will be carried out because those who are responsible for the enforcement of the law will know that if they are not administering justice as they should there is a likelihood of someone bringing them to book. [More…]
I approached Mr Maddison, the then Minister of Justice in New South Wales, with the proposal that we should have a conference between the police and the Aboriginal community. [More…]
-As a preliminary matter I would suggest to honourable senators that it is about time that they became accustomed to calling the new justice by his correct title, he having now received his commission. [More…]
His correct title is Mr Justice Murphy, and I propose to refer to him in that style. [More…]
Therefore, I believe that the question does not arise as to the propriety of Mr Justice Murphy sitting on the Bench which will consider this legislation. [More…]
One need only consider the position of Mr Justice Spicer who had been elevated to the Commonwealth Industrial Court, or the Commonwealth Court of Conciliation and Arbitration as it was then called, and who was called upon almost immediately to sit in judgment on the validity of an Act which had recently been amended according to his own efforts in this Parliament to get it amended. [More…]
Shortly after he had piloted these amendments through this Parliament, Mr Justice Spicer sat on several matters involving the validity of trade union elections and obviously felt no embarrassment in adjudicating on legislation which he had helped to pilot through this Parliament. [More…]
Sir Garfield Barwick, the Chief Justice of the High Court, also sat and adjudicated on matters which had been considered in this Parliament when he was Attorney-General. [More…]
I would like to advert finally to a suggestion from Senator Scott reflecting on the propriety of Mr Justice Murphy sitting in judgment on his own legislation. [More…]
-Despite the dissenting judgment from ‘Mr Justice’ Wright, Professor Sawer has suggested that an appropriate mix in the highest court of this country is, say, 4 technical lawyers- what the lawyers refer to as lawyers’ lawyers- and 3 lawyers who have had political experience. [More…]
In this he is supported by Chief Justice Sir Garfield Barwick who himself was a distinguished practitioner of the political arts, who went on to high office in the High Court and who has said on more than one occasion that political experience, far from disqualifying a lawyer from the exercise of his judicial functions, adds spice and flavour to his consideration of the problems that come before him. [More…]
Justice Latham; Mr Justice Spicer, whom I consider to have been a conspicuous success in the Australian Industrial Court and who, I might say, many people from the trade unions and from the other side of the political fence concede to have been a just, impartial and sensible judge; and of course more recently, Mr Justice Bowen who went to the Appeals Court of New South Wales only 3 months after having been reelected to this Parliament. [More…]
Those of us who knew Mr Justice Murphy- I suggest that includes most honourable senators opposite- will have no doubt that he will be a distinguished, fair and impartial judge. [More…]
We on this side, and I am sure in their hearts most honourable senators on the other side, wish Mr Justice Murphy well and in our hearts believe that he will be a fine judge as he was a fine politician. [More…]
I thought that his attitude in supporting the Queensland attack on one vote one value as a principle of justice in the Australian community was something that could be excused as a new Premier’s enthusiasm. [More…]
I should like to refer on this issue to what was said by the present Leader of the Opposition, Mr Snedden, when he was AttorneyGeneral in 1 964 on the occasion of the swearingin of the present Chief Justice of the High Court of Australia, Sir Garfield Barwick. [More…]
By pure coincidence three of your Honour’s predecessors as Chief Justice who had earlier held political office alternated in succession with three others who had not. [More…]
The three who had held political office were Chief Justices Griffith, Isaacs and Latham. [More…]
Between their respective terms of office came the Chief Justiceships of Knox, Gavan Duffy and Dixon. [More…]
The present Chief Justice of Australia, Sir Garfield Barwick, in a tribute to the late Sir John Latham who died on the 25 July 1964, referred to the very extensive political career of Sir John Latham, who as honourable senators know was appointed directly from Attorney-Generalship of the Commonwealth by the Government of which he was a member to the Chief Justiceship ofthe High Court in 1935. [More…]
Sir John Latham thus brought to the performance of the duties of the office of Chief Justice a wide and varied experience of public and international affairs and a familiarity with the working of the Australian Constitution gleaned both in the days of his practice at the Bar and in government during his term as a Cabinet Minister and as a parliamentarian. [More…]
To do so is to confer on them, as well as on Mr Justice Murphy, a gratuitous insult which is completely unjustified. [More…]
Does anyone suggest that Mr Justice Denning, now Lord Denning, was not a complete adornment to the courts through which he marched in England over a period of some decades? [More…]
I believe that in a few years time the Australian public and the legal profession will recognise in Mr Justice Murphy the counterpart of Lord Denning of England. [More…]
I heard Senator Button refer to Mr Justice Murphy as a prince. [More…]
The Opposition has moved an amendment asking the Senate, now that it has entered upon a discussion of the filling of the casual vacancy following the appointment of Mr Justice Murphy, to affirm, as mentioned in paragraph ( 1 ) of the amendment, that the choice of a senator to fill a casual vacancy is, by section 15 of the Constitution, the sole responsibility of the Houses of Parliament of the State. [More…]
I pass by those scurrilous references made about the Leader of the Opposition and I pass by those immature attempts to praise the outgoing senator, now Mr Justice Murphy. [More…]
I do not want to talk for more than a few sentences o’n the propriety of the appointment of Mr Justice Murphy to the High Court. [More…]
He raised the question of the propriety of Mr Justice Murphy’s appointment to the High Court of Australia. [More…]
I think the honourable senator does not do justice to Mr Mwaanga when he says that he is threatening war. [More…]
Of course it is a power that he will have, but does the honourable senator think that the Minister wants to deprive anyone of justice? [More…]
I think most honourable senators are aware that Mr Justice Toose of the Supreme Court of New South Wales was commissioned by the previous Government to conduct an inquiry into all aspects of the repatriation system. [More…]
Several extensions of time have been granted to Mr Justice Toose in his wideranging inquiries into this matter. [More…]
I do not have any idea what Mr Justice Toose may recommend. [More…]
I have assured both the Returned Services League and the Australian Services Council, which represents all or nearly all the veterans’ organisations other than the RSL, that they will have a full opportunity to examine and discuss any recommendations which Mr Justice Toose may make. [More…]
Certainly if the Government does act on recommendations from Mr Justice Toose it would be only after it has had consultation with the ex-service organisations involved. [More…]
The committees were initiated by our predecessors- in 1 956 on the motion in the House of Representatives of the then Prime Minister, Mr Menzies as he then was, and reconstituted in 1958 on the motion in that House of the then Leader of the House, Mr Holt and reconstituted again in 1959 on the motion in that House 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 lawyersindeed, 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…]
It accepts the need to see that justice is done and that there is no decision of the Commission that is above scrutiny or criticism, but the amendment is not a solution. [More…]
The absolute is that when we rebuild Darwin as speedily as possible justice shall be done, and the desires and needs of the people shall be fulfilled. [More…]
If under the alibi of absolute urgency the Government seeks to railroad the people’s rights, justice will not be done. [More…]
Justice was done in the court. [More…]
To my knowledge there have been only 2 judicial investigations into Aboriginal land rights, one by Mr Justice Blackburn at Gove and one more recently by Mr Justice Furnell in a Royal Commission in Western Australia. [More…]
It must be remembered that this Government was elected on 2 December 1972 and that on 15 December, within the first fortnight of operation of the Government, the Prime Minister issued a Press statement announcing the setting up of a judicial inquiry into the legal recognition of Aboriginal land rights and the appointment of Mr Justice Woodward to conduct the inquiry. [More…]
Mr Justice Woodward’s commission is not concerned with whether rights in land should be granted since the Government has already decided that they shall. [More…]
Speaking of Mr Justice Woodward, the Prime Minister continued: [More…]
Mr Justice Woodward in his report stated: [More…]
In accordance with Mr Justice Woodward’s decision those who have tribal claims to land or those groups of Aborigines which claim long residential rights to land are now the subject of investigation by the Central Lands Committee and the Northern Lands Committee. [More…]
But Mr Justice Woodward said that it would be improper, while he was conducting an inquiry, for the Government to make arrangements to give land rights to the Gurindji people. [More…]
The Chief Justice, Sir Owen Dixon, made it completely clear that the Commonwealth has an almost unfettered power to impose conditions. [More…]
Let me finish this section of my speech by quoting Mr Justice Fullagar, who put the matter in even simpler and clearer terms. [More…]
Is it a fact that the royal commission to be conducted by Mr Justice Hope into, among other things, the purpose, function, administration and staffing of Australian security services will commence in Sydney on 5 March 1975? [More…]
Honourable senators will remember the case involving Sir Garfield Barwick, a very fine type of person and now the Chief Justice of Australia. [More…]
As everyone is aware Mr Justice Toose is at present inquiring into all aspects of the repatriation system. [More…]
Therefore, the High Court of Australia was able to co-ordinate the administration of justice and the State courts were enabled to take their part in each field, both in their original State jurisdiction and in the invested Federal jurisdiction. [More…]
I should state that no doubt it will be urged by the proponents of the Bill that this Bill had its analogy in Bills which were previously suggested to the Parliament by Sir Garfield Barwick, Mr Justice Bowen, MrT. [More…]
It was a signal contribution that Senator Greenwood made when he was Attorney-General to come to a final conclusion that a proposal of this sort was damaging in the extreme to the administration of justice in Australia and he announced to the Parliament that the Bill was to go to the waste paper basket. [More…]
Senator Murphy, now Mr Justice Murphy, following on that idea in this place, had the notion when this Bill was promoted that there would be a court so magnificent, so comprehensive and so overriding that the Federal jurisdiction would overshadow the State jurisdiction. [More…]
We are accustomed now in this Parliament and elsewhere to acclaim with honour Chief Justice Dixon of the High Court whenever his name is mentioned. [More…]
Superficially, no doubt, it appeared a natural thing for the new government to include courts of justice of its own. [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 want now to make reference to the statement that His Honour made on taking his oath of office as Chief Justice of the High Court. [More…]
His Honour had also made great contribution to this cause in the evidence which he submitted before the Royal Commission on the Constitution in 1929, presided over by Mr Justice Nicholas. [More…]
However effectual such provisions may be for ensuring that the High Court retains an almost exclusive authority to declare the meaning and effect of the Constitution, no one can fail to see that this is done at the expense of rendering almost futile and impossible the practical administration of justice for the purpose of adjusting the real controversies between subject and subject or redressing real grievances which a subject may have against the Crown. [More…]
But we are also fortunate in that as recently as 1 8 February- this month- reported in the Melbourne ‘Age’ are passages attributed to the present Chief Justice of the State of New South Wales, Mr Justice Street. [More…]
Chief Justice (Mr Justice Street) said yesterday. [More…]
He said this was necessary if the court system was to cope effectively with the strains of the future, particularly in the ad ministration of criminal justice. [More…]
Mr Justice Street was speaking during the opening the 1 975 sittings of the N.S.W. [More…]
In continuing his appeal, Mr Radich went to the Supreme Court which upheld the Court of Appeals on a vote of 4 to 4, with Associate Justice William O. Douglas not voting. [More…]
Rather than follow the unfortunate proposal contained in this Bill I think that it is imperative to take heed now of what Mr Justice Dixon said and what I have read to the Senate. [More…]
The essential purpose of the Bill is to create a coherent judicial system for the administration of justice at a national level. [More…]
First, the court should demonstratably be a true reflection of accepted principles of justice. [More…]
The fourth criterion 1 would postulate is that in the interpretation of national laws it should reflect within the area of judicial power the proud spirit of a nation in which justice and its expression are paramount. [More…]
Fifthly, it will take all Australian citizens- I emphasise that we are all citizens of Australia- along a path of even-handed justice. [More…]
It wants to see it the vehicle for evenhanded justice throughout the nation. [More…]
I have said that he based virtually his whole case on the views expressed by Mr Justice Dixon, later Sir Owen Dixon, which had so little charm for the Liberal Party when in government that it discarded them and, after all the opposition to this Bill that could be raised over a period of 6 years had been sifted, the then Attorney-General Mr Justice Bowen was able to say that all the objections had been examined, there was nothing in any of them and the Government was going ahead. [More…]
He rested his opposition partly on the fact that, in his words, a system of justice ought to be simple, prompt and economic. [More…]
The person who could utter that last night now advocates a simple, prompt and economic system of justice. [More…]
It will consist of a Chief Justice and other judges appointed from time to time. [More…]
It is envisaged that such a court would streamline the administration of justice and establish a coherent national judicial system. [More…]
With the full support of the Chief Justice, the Government has decided that it should follow the alternative course, which is available under the Constitution, of investing State Supreme Courts and the Supreme Courts of the mainland Territories with original jurisdiction in certain additional federal matters in respect of which the High Court now exercises original jurisdiction. [More…]
If I might refer to my own State of Victoria as an example, whatever the Hamer-makes-it-happen Government may have done in Victoria- and I cannot think of a single thing at the moment- it certainly has not speeded up the process of justice in that State. [More…]
Before those interjections about Tasmania came my way, I was making the point that the establishment of the Superior Court would enable the State Supreme Courts to get on with the areas of their exclusive jursidiction and catch up on some of the chronic delays which are existing in those areas which result in the denial of justice to so many citizens and litigants. [More…]
In consultation with the States it will examine ways in which efficient, modern and less time-consuming procedures may be developed and Commonwealth support and assistance may be provided to maintain confidence in our system of justice. [More…]
We are not in the mediaeval period when barons and hierarchies felt they needed to have their own courts in which matters could be dealt with because they did not trust the justice of other people who lived just 10 miles away. [More…]
There is not a backlog of work now in the single justice jurisdiction. [More…]
An administrative system which is supposed to simplify and provide justice for people who have objection against government administrative decisions will contain a mass of appeals. [More…]
We have to bear in mind that judges in the existing courts go on circuit in the States and bring justice nearer to the people. [More…]
From Senator Wright there was the jurisdic and legal approach; that does not do justice to what he said. [More…]
From Senator Sheil there was essentially a practical and historical approach, and that does not do justice to what he said. [More…]
From Senator Missen we have had an eminently practical argument against this proposal when viewed from the basis of whether it will do justice to the ordinary citizen. [More…]
Apart from the fact that in the work which the court must perform it must distinguish between State and Federal laws and occasionally between State and Federal jurisdiction, litigants do not find that the justice which they receive in the courts of this country depends upon whether the court is exercising State or Federal jurisdiction or is applying Federal or State laws. [More…]
It certainly does not make it appear that justice is being done. [More…]
The task of the courts is to do justice to all who appear before them. [More…]
The State courts, apart from the High Court which is primarily an appeal court for all the State Supreme Courts, have been dispensers of justice for 70 years since Federation. [More…]
It will involve many appointments of judges and the erection or rental of new court buildings not only in the capital cities but also in the provincial centres to which the courts must be able to go if they are to provide justice on the same basis that the State courts provide justice. [More…]
All this will occur without any real savings in costs or improvements in justice and with the twin risks of dissatisfaction on the part of the litigants and an unsatisfactory image for the administration of justice. [More…]
Indeed the Chief Justice who, when he was Attorney-General, had favoured the proposal has also indicated that he sees merit in a different type of approach today. [More…]
With the full support of the Chief Justice - [More…]
The reference there is to the Chief Justice of the High Court - the Government has decided that it should follow the alternative course, which is available under the Constitution, of investing State Supreme Courts and the Supreme Courts of the mainland Territories with original jurisdiction in certain additional Federal matters in respect of which the High Court now exercises original jurisdiction. [More…]
One faction was very cleverly advised, as it so happens by Mr Justice Murphy, as he now is, of the possibilities involved in this dual identity. [More…]
One set of union officials for which Mr Justice Murphy, who was then Mr Murphy, Q.C., acted was defeated in a trade union ballot. [More…]
Let us not be unreal enough to think that judges are completely immune from politics, that they do not attempt to ensure that a system of justice, as they see it, is perpetuated and that they do not resist change which they think involves some territorial encroachment. [More…]
I do not think it is altogether without some significance that the opinions of Chief Justice Barwick are slightly different from the opinions of Attorney-General Barwick. [More…]
Chief Justice Barwick has territory to defend just as judges of the State supreme courts have territory to defend. [More…]
I have also tested public opinion by publishing an article on this subject in which I suggested that a good deal of social and industrial justice would be achieved if we could insert into this type of legislation a requirement for voting along the lines of parliamentary procedures. [More…]
I appreciate the point of view that Senator Coleman is taking, but at present we are waiting on a report by Mr Justice Toose on the whole structure of the repatriation system. [More…]
After consideration of the request made by members of the Bench during the National Wage case the ACTU executive makes the following statement: The trade union movement strongly believes the introduction of wage indexation to be a vital element in securing economic justice for the great bulk of the Australian community dependent directly or indirectly upon wages and salaries. [More…]
From the ACTU point of view the pursuit of wage justice has historically been a two-fold process- those major aspect* to which the ACTU itself has assumed collective responsibilities and those which have remained within the province of the individual unions. [More…]
When the case is determined will be the time when a proper approach by the Government to the ACTU might be more satisfactory and a resumption of the conferences under the control of Mr Justice Moore more fruitful. [More…]
When Mr Justice Moore called a conference in August of last year he had the expectation that with the support of the Government and the unions an agreed compromise could be hammered out. [More…]
This would have resulted in a monopoly situation and, if implemented, would have constituted in my opinion a travesty of justice. [More…]
I express my gratitude that the former Attorney-General, now Mr Justice Murphy, and the Government recognised the problems that would have been created by this Bill. [More…]
We spent a number of hours talking to the previous AttorneyGeneral, now Mr Justice Murphy, and to the previous Minister for Manufacturing Industry, Mr Enderby, and put a very strong case to both of them in support of the amendment which we now have before us. [More…]
It should not be the responsibility of the politicians of this country to have to interfere and determine whether justice has been done. [More…]
Does the Minister intend to do this, to give justice and equity to this long serving former employee of the Australian Broadcasting Commission and the PostmasterGeneral’s Department? [More…]
I will do whatever I can for him within the limits of my ministerial responsibility and I hope that eventually some justice will be done, but whether it be through the arbitral proceedings or in some other way 1 do not know. [More…]
Whether it will be said that we are entitled by relativity and wage justice to these increases depends upon one ‘s point of view. [More…]
For a long time the Opposition has perverted, delayed and denied justice in regard to legislation that has been before this House. [More…]
and (3) The Honourable Mr Justice Kirby, Professor A. C. Castles, Professor G. J. Hawkins and Mr Gareth Evans were appointed as part-time members from 1 January 197S. [More…]
Mr Justice Kirby was appointed as full-time member and Chairman of the Commission from 4 February 1975. [More…]
(a) Mr Justice Kirby was appointed a Deputy President of the Conciliation and Arbitration Commission in 1 974. [More…]
Was Professor Messel acting at such meeting in any, and if so what, way on behalf of the previous AttorneyGeneral, Mr Justice Murphy. [More…]
1 ) Did discussions take place at meetings of Commonwealth and State Ministers in which the previous AttorneyGeneral, Mr Justice Murphy, participated and at which efforts were made to obtain uniform laws with respect to firearms control and registration; if so, when did such meetings take place and which Ministers participated. [More…]
1 ) Is the Attorney-General aware of an advertisement published in numerous newspapers prior to 18 May 1974 containing a photograph of Mr Justice Murphy and alleging, inter alia, that he, when Attorney-General, proposed to introduce a costly system of licensing firearms, with control to be centralised in Canberra. [More…]
Was the advertisement one which depicted a photograph of Mr Justice Murphy, the previous Attorney-General. [More…]
Is the Attorney-General aware of an advertisement headed ‘Withdrawal and containing a photograph of Mr Justice Murphy, the previous Attorney-General, and a statement by Mr K.. J. Loy which appeared in the Sydney Morning Herald on Friday, 10 May 1974. [More…]
Did any officer of the Attorney-General’s Department request any, and if so what, persons on behalf of the Western Australian Clay Target Association Sporting Shooters’ Association and Western Australian Field and Game Association to apologise to Mr Justice Murphy, the previous Attorney-General. [More…]
Is it a fact that the previous Attorney-General, Mr Justice Murphy, arranged for an in-depth study of the basis for the making and fixing of legal costs in Australia, or any part thereof; if so, what are the terms of reference of the study. [More…]
Why did the previous Attorney-General, Mr Justice Murphy, refuse to table the warrants and affidavit material, or copies of them, on which the warrants were obtained on (a) 3 April 1973, (b) 11 April 1973 and (c) 31 May 1973 when asked for by Senator Greenwood. [More…]
Did the previous Attorney-General, Mr Justice Murphy, state that Mr David Ditchburn had advised him in writing that he would not accept payment to be offered for services on the Films Board of Review. [More…]
1 ) Why did the previous Attorney-General, Mr Justice Murphy, decline to answer that part of a Question without Notice asked by Senator Greenwood on 1 1 December 1 974, which inquired if he would inform the Senate of any benefits received by him and his wife from Ethiopian Airways by way of free or concessional world travel, or in other ways. [More…]
What overseas trips have been made by (a) Mr Justice Murphy and (b) Mrs L. K. Murphy on airline tickets issued free, or at concessional rates, at the request of Ethiopian Airways on the basis of Mrs Murphy’s employment, or engagement, with Ethiopian Airways during (i) 1969, (ii) 1970, (iii) 1971, (iv) 1972, (v) 1973 and (vi) 1974. [More…]
Did the previous Attorney-General, Mr Justice Murphy, and Mrs Murphy travel overseas during December 1973-January 1974; if so, where. [More…]
Did the previous Attorney-General, Mr Justice Murphy, employ a Mrs Luz Dungca in his household since her entry into Australia. [More…]
1 ) Did Mr Justice Murphy, as Attorney-General, have the exclusive power to appoint civil celebrants of marriage. [More…]
It required a resolution from our former colleague, Mr Justice Murphy, to have even a committee established to inquire into the problems with which we are dealing. [More…]
After a great deal of investigation on my part I believe that what I raise tonight is a gross miscarriage of justice. [More…]
Where does an Aborigine go for justice? [More…]
Justice must not only seem to be done; in my opinion, justice must be done. [More…]
There is no justice for aborigines …. as long as they arrest someone and get a conviction, they are happy [More…]
Again I ask: Where does an Aboriginal go for justice? [More…]
The question I keep asking is: Where does an Aborigine go for justice? [More…]
Despite all the things that the grandfather tried to do, there seems to be nowhere that an Aborigine can go for justice. [More…]
Let me read another letter written by the grandfather, Mr Les Davidson, to the Minister for Justice in Queensland. [More…]
I am an Aborigine and to whom do I turn (in fact any citizen turn) when it is firmly believed that there has been a miscarriage of justice and an innocent man convicted of a crime? [More…]
It is my firm conviction that while one person is wrongfully convicted of a crime and good people do nothing then justice is not being served. [More…]
Justice was certainly not served. [More…]
In Australia, Aborigines have tried all types of avenues seeking justice; perhaps we’ve been wrong at times. [More…]
I believe this is not only a case of trial by newspapers but also a case of a gross miscarriage of justice. [More…]
What he has actually done is condemn the police system of Queensland, the judiciary of Queensland, the magistrates of Queensland, the Supreme Court of Queensland, the whole set-up of the BjelkePetersen administration of justice in Queensland and the honourable senator’s organisation of legal aid in Queensland. [More…]
If there has been a miscarriage of justice I am very sorry about it. [More…]
If there has been a miscarriage of justice it is due to the whole legal system in Queensland. [More…]
Has the Minister’s attention been drawn to an article in this week’s issue of the ‘Bulletin’ reflecting on the qualifications of the staff of a former Leader of the Government in the Senate, Mr Justice Murphy? [More…]
Does the Minister know the names and qualifications of Mr Justice Murphy’s staff? [More…]
In other words, I would invite honourable senators to conclude that His Honour Mr Justice Murphy has probably the best qualified staff of all the High Court judges and I would hope that this magazine the ‘Bulletin’ will now have the common decency to call off its vendetta against His Honour. [More…]
Until in the last few years Mr Justice Windeyer adverted to the limitations- shall I say- of that doctrine and the possibility that there should be more flexibility in ascribing to the persons who promote a juristic corporation agency for the principal natural persons we had that doctrine very arbitrarily applied. [More…]
He named Mr Justice Murphy of the High Court. [More…]
Pay and related conditions of service already have been referred to Mr Justice Coldham. [More…]
The Chairman of the Expert Group, Mr Justice Meares, summed up the position very well when speaking recently in Albury-Wodonga. [More…]
This is electoral justice, it is democracy and in fact it is what we have now. [More…]
We should be supported by every honourable senator on the Government side who believes in justice. [More…]
If the Government is interested in electoral justice it will not press those sections of the Bill which seek electoral advantage for a particular party or for the present parties at the expense of the Australian people. [More…]
That is the type of electoral justice the Labor Party wants. [More…]
But in fact the speed with which the result is arrived at is important only if in the process we lose nothing of democratic justice or democratic fairness. [More…]
If there is any delay in processing the application for the votes or in returning the votes then electoral justice is lessened. [More…]
I see no real justice in the rather draconian restrictions which are proposed in relation to those aspects of postal voting. [More…]
Optional preferential voting would be a disadvantage because it would adversely affect the electoral justice which our voting system would give us. [More…]
Those parts of this Bill which aim to improve the electoral process we will support; those parts which diminish electoral justice we will oppose, and in so doing we will seek to do our proper job of protecting our community and ensuring that electoral results reflect the wishes of that community. [More…]
Senator Baume said that the system we use today- the full preferential system- is a just system and that, if we departed from it, justice would be assaulted. [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 will give a decided advantage to the parties already existing and perpetuate the very grave injustice that exists today in regard to the time allocated by the Australian Broadcasting Commission, for instance, when campaigning is under way for Federal and State elections. [More…]
If we want justice in our electoral support and electoral possibilities in this community we have to take some action to make sure that in future the ABC acts fairly. [More…]
At another time and on another occasion I would like to see something done to rectify the very grave injustices in that area. [More…]
It does not do justice to him. [More…]
I see an absolute need to clear up this situation so that there may be justice in this direction. [More…]
In the confused situation in both Cambodia and Vietnam now at this very late stage I think that all governments, whatever indirect influences they have- I do not think any outside governments have any direct influences on the situationshould be urging both sides, anybody at all who has anything to do with the fighting, that whatever the outcome they try to bind their wounds and at least try to show some mercy and justice to one another. [More…]
I hope that at least some day before I leave here I will see justice done by Opposition senators. [More…]
I think it is fitting that I should enter this debate because, unlike the former AttorneyGeneral, not long ago I testified before Mr Justice Hope on aspects of security. [More…]
Within 48 hours of my asking for his file, justice was done and he had citizenship. [More…]
Mr Justice Hope. [More…]
Everyone who feels that an injustice has been done has a perfect right to bring it up. [More…]
If an honourable senator wants a reply and to see that justice is done when he feels that justice has not been done he should inform the Minister representing the Minister what he intends speaking about so that some justice can be achieved for the individual whom it is claimed has been deprived. [More…]
He did not want in the case of Mr Pavlovic or the other case to which he referred to get the justice he claims has been denied. [More…]
up for political reasons and had no intention of getting justice for what he said was a matter of injustice. [More…]
He did not want justice for individuals. [More…]
But justice must not only be done: it must be seen to be done. [More…]
They are based on the principle that justice not only should be done but also should be seen to be done. [More…]
No doubt the departmental officers will be able to raise all sorts of interesting reasons why it should not be introduced; but, if we are talking about giving electoral justice, people in remote areas ought to be able to have a postal vote. [More…]
No point has been made to indicate any extra electoral justice or any great value to the electoral system in cutting back the hours of polling by the 2 hours proposed. [More…]
We say again, as we have said before, that getting a quicker result is no justice, is meaningless and is, in the end, unimportant. [More…]
They want answers as to where the electoral justice is in cutting the hours of polling back to 6 p.m. [More…]
I think that nobody with political experience would think that a committee of this chamber, or the whole Parliament, with all the political pressures and interests there are from that scene, could adjudicate with any degree of propriety upon a matter such as this, requiring as it does an acute understanding of the law and a fair exercise of justice in temper and spirit. [More…]
Having mentioned that, I want to say as to a reference of a case such as this that justice must be applied equally, and justice is always on a very delicate balance. [More…]
It is justice according to law- according to law, but fundamentally justice. [More…]
I speak on the basis of obtaining justice, which the motion and the amendment are not obtaining today. [More…]
I intend to add to the motion an amendment which will attempt to bring some relative justice. [More…]
He said that justice must be done. [More…]
It is all right as the basis of the Labor Party’s proposal in relation to Senator Webster, but it is below the dignity of a senator to be involved in obtaining relative justice for Senator Webster. [More…]
I move my amendment to obtain what I believe is a minimum of justice- to make sure that Senator Webster’s position is quite clear and his case should go to the High Court but not until the judicial committee has reported. [More…]
To do otherwise in this matter is to join in the most unsavoury single minded attempt to subvert justice instead of to apply it. [More…]
I support both the motion and the amendment without reservation, and I do so because I believe that, so far as it is within the competence of the Senate, that will enable justice to be done, the law to be upheld and the institution of Parliament to be upheld and respected. [More…]
All that I wish to point out is that the Government has done all that it possibly can to ensure that justice is done in this Parliament in respect of the matter now under dicussion, We have accepted the amendment that was moved by Senator Withers in respect of a judicial inquiry. [More…]
Over the years there have been divergent views expressed about the merits and justice of a financial system which envisages the collection of revenue by one government and its expenditure by others. [More…]
I have consistently taken the stand and discussed with members of Parliament my thoughts on the issue of justice to elected people. [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…]
As this time has long since passed and as Senator Wheeldon must agree that Mr Justice Toose has had ample time to prepare the report, can the Minister now say when the report will be tabled? [More…]
I must admit that I do remember the question very clearly indeed and I do remember saying at the time that Mr Justice Toose had been asked whether he could present his report to the Parliament by 3 1 March. [More…]
Since then I have had a number of conversations with Mr Justice Toose. [More…]
Remuneration and allowances of five members of the Commission are stipulated in Part V. Clause 26 provides that the President will receive a salary of $41,000 per annum, which is equivalent to a Justice of the High Court; and other members a salary of $35,000 which is equivalent to a judge. [More…]
It was with that in mind that the Liberal-Country Party Government set up a special committee under Mr Justice Meares with many eminent people on it including Mr Pak-Poy from Adelaide. [More…]
The honourable senator rightly pointed to the more or less basic study entitled ‘The Road Accident Situation in Australia ‘, which was an important review issued in September 1972 by Mr Justice Meares. [More…]
Can any Government justify a surrender of the power to control its railways as Tasmania has done when, if there is any justice in the country on the financial basis upon which States should be supported, this Commonwealth Government is bound to render financial assistance to Tasmania to enable it to run the railway services it thinks sufficient so that the economy of those railways is not too much out of line with other States. [More…]
I am seeking justice on this matter. [More…]
Will the Minister, in his capacity as the Minister representing the Attorney-General who is responsible for the administration of the Matrimonial Causes Act, give the Senate, in the interests of fairness and justice, any information which he has regarding this matter? [More…]
It will be remembered that some years ago Mr Justice Toose was commissioned by the previous Government to prepare a report on the repatriation system. [More…]
Apparently other problems have occurred in the meantime, which I do not altogether follow, and thus have prevented Mr Justice Toose from presenting the report by 30 March although he told me that part of the report has been now sent to the printer and another part of it is in draft form. [More…]
In those consultations, the results of which have now to some extent reached the Australian Conciliation and Arbitration Commission, the Government put before Mr Justice Moore a proposition that wage indexation should apply. [More…]
-Earlier today Senator Jessop asked me various questions concerning the inquiry by Mr Justice Toose into repatriation. [More…]
However, the decision to which we came- I think that there are good reasons for doing it and I think that those good reasons were explained in the second reading speech- was that what we are trying to do is to see that decisions are made which are in keeping with the real interests of justice and equity. [More…]
Ministers will try to do justice as they are obliged to do under their legislation. [More…]
In a dangerously over populated world it is not only justice we are talking about- it is sheer national necessity that our Australian born working families [More…]
It is signed by a gentleman who insists that he is a justice of the peace, which surprises me a little. [More…]
Subsequently Professor Wootten as he then was, now Mr Justice Wootten, gave evidence before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I acknowledge receipt of your letter dated 6 May 1 975 and note that His Honour the Chief Justice intends to sit as the Court of Disputed Returns on 19 May 1975 for the purpose of considering the questions referred by the Senate to the Court pursuant to section 204 of the Commonwealth Electoral Act 1918-1973 and referred to in my letter dated 24 April 1975. [More…]
If, however, His Honour the Chief Justice should take a different view, I assume that you will inform me. [More…]
I should be glad if you would place this letter before His Honour the Chief Justice. [More…]
There is no doubt that we have made it completely clear not only to the Soviet Union but also to every other country that the loss of civil liberties or the gaolings which are not really acceptable in other countriesI speak, quite generally now- make for difficulties in our relationships with those countries because the Australian public who are used to a form of British justice do not accept these things. [More…]
Then, when Tasmania was bedevilled by navigational difficulties, inequalities, and pressures from unions and others way back in 1920, it is not surprising to find that quite a considerable body of opinion on the royal commission of 1929, ably assisted by the late Chief Justice Nicholas, Chief Justice in Equity in New South Wales, when he was equity counsel at the Bar of Sydney, propounded a view in favour of the Inter-State Commission and mentioned amongst ot her things the effect of the Navigation Act on various States as an appropriate subject of inquiry, very pertinent to the interests which I am sent here to represent, namely, Tasmania in particular and her navigational difficulties. [More…]
The very basis of the ruling by Chief Justice Dixon, under section 92 of the Constitution that the States were refusing, through that road law, to allow transport to be absolutely free, was the fact that the States endeavoured, by a licensing system, to say, ‘Smith, you can run there: Jones, you shall have no licence. ‘ [More…]
I think it is pertinent in that context that I should quote to the Senate what was said by a former Chief Justice, Mr Justice Latham, in the Riverina transport case. [More…]
I had thought that one might have said in all justice and accuracy that the reverse had been the case- that the hysteria had come from another source and that there had been just a few sideswipes from the Government of an understandable and a very accurate nature. [More…]
Is it not a fact that justice delayed is justice denied? [More…]
In answer to the last part of the honourable senator’s question, I readily assent to the proposition that justice delayed is justice denied. [More…]
If we talk about fairness and electoral justice, there ought to have been a redistribution in Western Australia. [More…]
I have no doubt that when I resume my seat the Senate will be delivered a lecture by Senator Hall on fairness, equity, electoral justice and all the rest. [More…]
The basic reason we are opposed to the whole series of these redistributions is because they are not designed to bring about electoral justice. [More…]
I believe that as a matter of simple electoral justice you would not carry out a redistribution under an Act which may well be declared to be invalid. [More…]
One would have imagined that any government that had any real interest in electoral reform, electoral justice and electoral equality would have waited until the determination of that question before the High Court before ordering a redistribution. [More…]
I know that honourable senators opposite will say that it is fair, it is reasonable and it has brought electoral justice. [More…]
For the life of me, I cannot see how it has brought electoral justice to anybody. [More…]
One would imagine that the boundaries as distributed in South Australia at present so grossly favour either the Liberal Party or the Labor Party that they ought to be redistributed to bring about electoral justice between the 2 parties. [More…]
I think this is a premature presentation in the sense of political power and I think that the power structure will shift away from the Opposition in the Senate next year to a third middle group which will ensure that electoral justice is provided for all Australians. [More…]
In doing so, they opted for a marginal short-term political advantage and for a mockery of electoral justice. [More…]
I am sure that in this field our great ally, the Liberal Party of Australia, is in agreement with us when we say that if we are to have electoral justice and justice in redistributions proper consideration must be given to equality of electoral representation and that one vote one value of itself is relatively meaningless if you divorce value from effective representation. [More…]
The suggestion is that one vote one value is the real contributor to electoral justice. [More…]
Is this the sort of arrangement that the Government means when it refers to electoral justice? [More…]
What I am suggesting is simply that you have made a passing reference but the fundamental question that we are debating is the justice or the injustice of electoral redistribution. [More…]
In all those circumstances and having convinced Senator Wheeldon entirely of the justice of the case I have put I am sure that not only will all of the Opposition senators be voting against this redistibution but also Senator Wheeldon. [More…]
I do believe that comparable treatment will be achieved and therefore justice will not be denied, although I would like it to be pursued in the manner provided by the amendment. [More…]
The Government of India declared that for reference of any dispute in the International Court of Justice, for decision in terms of article 22 of the International Convention for the Elimination of all Forms of Racial Discrimination, the consent of all parties to the dispute is necessary in each individual case. [More…]
India did that so that no one in the United Nations can take India to the International Court of Justice without its consent. [More…]
Contempt of court is not involved unless the comment is of such a kind and made in such circumstances as to have the effect of interfering with the proper administration of justice. [More…]
The risk of interfering with the proper administration of justice must be a real one. [More…]
The Government believes that the proposals of the Distribution Commissioners 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…]
With 45 seats New South Wales is the State in which the redistribution will have greatest effect upon electoral justice in Australia. [More…]
This redistribution does not meet the requirements of justice, nor does it meet the requirements of section 19 of the Commonwealth Electoral Act. [More…]
The last speaker, Senator Baume, did not do justice to his cause. [More…]
It is significant of the need for a proper measure of decentralisation, and with this is bound up a real measure of electoral justice. [More…]
I cannot see the fairness, the justice, if we are in any way interested in equality of representation, in this kind of distortion. [More…]
This is the great justice! [More…]
I wish to read a part of the platform of the Liberal Party under the heading of ‘Justice and Law Reform’, where we are pledged to: [More…]
My own view on the question of safety and industrial conditions whereby accident prevention may be encouraged is more along the lines of the report of Mr Justice Woodhouse and Mr Justice Meares which recommended the establishment of a national safety office and provision of adequate penalties by way of prosecution for those people who breach safety rules, rather than by the imposition of differential rates of premiums on the various insured persons. [More…]
It was Mr Justice Higgins who in his province for law and order said: ‘The system of arbitration adopted by the Act is based on unionism. [More…]
It was many months after the dispute began that Mr Justice Robinson, backed up by authorities, proved on the ground of safety that the original objection by the union was vindicated. [More…]
To deny that fact is to abandon the aim of seeking to win political and economic power, which is the only way which the working class will end exploitation and reform society to achieve an equitable redistribution of wealth and social justice. [More…]
This is why I ask how the Government can in justice ratify this Convention when it does not propose to carry out the obligations which the Convention imposes, except by preferring one aspect of the Convention over another aspect of the Convention. [More…]
It takes out of the clause what the Senate put into the Bill, clause 75 (2) (n), which provided that any fact or circumstance which on the justice of the case required to be considered was the final consideration under this clause. [More…]
Of course, there is the contrary position of a husband who may have reasons why justice would not require a court to make an order and that can be considered at the same time. [More…]
Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. [More…]
Where there is no publicity there is no justice.’ [More…]
‘Publicity is the very soul of justice. [More…]
‘Civil liberty in this kingdom has two direct guarantees; the open administration of justice according to known laws truly interpreted, and fair constructions of evidence; and the right of Parliament, without let or interruption, to inquire into, and obtain redress of, public grievances. [More…]
There has been revealed the still untrammelled right of the public Press to a divorce case in Sydney which had benefit for an ex-Chief Justice and which concerned the marriage of a judge. [More…]
We believe that this is a denial of justice; it is rule by threat and intimidation. [More…]
He could come before a conference and say to the person against whom the complaint is made: ‘I believe that justice requires that you should pay to the complainant a sum of $ 1 , 000 or $2,000 ‘ or ‘ You should educate his children at a school’ or something of that character. [More…]
I suggest with respect that Senator Greenwood would do justice to this Bill by forgetting about Mr Grassby. [More…]
Senator Sir MAGNUS CORMACK (Victoria) (2.57)- I intrude in this debate not on the basis of a lawyer but simply as a citizen of this country who has been reared in the traditions and concepts of what are the rights and privileges of the citizen against administrative justice. [More…]
They were not trying to do anything except convince the government of the day that they needed justice in respect of their tribal land rights, the health of their children, employment opportunities and better health for the community generally. [More…]
Secondly, it seeks to amend the Act to enable a chairman such as the existing Chairman, Mr Justice Else Mitchell, who immediately prior to his appointment as Chairman, was a judge of a Federal or State court, to have the same designation, rank, status and precedence as a judge of the Australian Capital Territory Supreme Court. [More…]
In so doing, nothing that I say should be taken as a reflection upon the incumbent Mr Justice Rae Else-Mitchell, whom I am privileged to know and whose work I respect. [More…]
I say that without casting any reflection on Mr Justice Rae Else-Mitchell. [More…]
That will achieve all that we ask, while giving to Mr Justice Else-Mitchell all the privileges that he had previously. [More…]
I am referring to His Honour, Mr Justice Murphy, who sponsored this Bill as a senator in this Parliament. [More…]
Mr Justice Murphy can no doubt take great credit and great pride in his contribution, by his persistence, by his preparedness to listen to representations and by his handling of the Bill. [More…]
On 17 March 1975 Australia deposited with the Secretary-General of the United Nations an Instrument withdrawing its declaration of 6 February 1954 and substituting a new declaration under paragraph 2 of Article 36 of the Statute of the International Court of Justice. [More…]
In April 1973, the Australian Government set up a Committee of Inquiry under Mr Justice Hope. [More…]
It was a committee presided over by Mr Justice Kerr, who is now the Governor-General, and had as its members Mr Justice Mason, now of the High Court and then the Commonwealth Solicitor-General, and Professor Whitmore of the Australian National University. [More…]
When Mr Justice Mason ceased to be Solicitor-General he was replaced on this Committee by Mr Ellicott, who was then the SolicitorGeneral, now the honourable member for Wentworth in the House of Representatives. [More…]
The point I should like to make is that this Bill, in one giant stride, sweeps away the past efforts to give true justice in the field of administrative law and replaces them with one tribunal, admittedly operating of necessity in divisions, and exercising whatever jurisdiction Parliament confers on it. [More…]
I appreciate that it may well be that some amendment of those formal words may be made during the Committee stage, but the point is that the whole concept of the Bill is to provide for review of decisions on their merits and that being the case the public is able to have confidence that arbitrary decisions will not be made, that decisions that are unreasoned, contrary to fact, unreasonable or otherwise such as from any sense of justice should not be made. [More…]
He will not be bound by mere matters of law; justice will prevail. [More…]
That the Superannuation Bill 1975 offers benefits which are eminently satisfactory, wherein the provisions acknowledge the importance of the quality, dedication and real value of the work of Australian Public Servants, mirrors community requirements, secures justice for Australian Public Servants and their dependants and establishes a realistic standard of conditions suited to widespread adoption for all other sectors of the Australian Working Community at an early date. [More…]
It is sad for me to assert that the whole of that purpose is today being frustrated by an all too dilatory attitude on the part of our courts adopting a complex argumentation for the disposal of cases, adhering to technicality and expounding it as if research instead of the practical administration of justice were important, and then handicapped very seriously by an over-burden of excessive cost. [More…]
This measure contributes an important supplementary arm in the administrative field which greatly assists the administration of justice and which supplies it in great measure where the common law courts deny themselves the right to review administrative decisions on the merits. [More…]
The clear indication of the Opposition Parties is that they do not believe that a Superior Court is in the interests of the people of Australia or the administration of justice. [More…]
Broadly speaking, the view was expressed that the administration of justice should not be frustrated by the withholding of public documents. [More…]
But where there is a clash between the public interest in non-disclosure because of possible harm to the nation or the public service and the public interest in disclosure for the fair administration of justice then the court must balance the two conflicting interests. [More…]
We agree entirely with this approach but consider that statutory provision should be made to clarify the position so far as administrative justice is concerned. [More…]
There is the public interest that harm shall not be done to the nation or the Public Service by disclosure of certain documents and there is the public interest that the administration of justice shall not be frustrated by the withholding of documents that must be produced if justice is to be done. [More…]
We had the spectacle again tonight of Senator Greenwood berating this Government for its efforts to ensure justice to the age pensioners of this country when his own Government allowed the age pension, widows’ pensions and so on to fall to their lowest percentage of average weekly earnings for 20 years. [More…]
It was obviously necessary, as I think Senator DrakeBrockman would agree, that even to prepare the Bill and to engage in the sort of studies that were necessary after the report on the inquiry by Mr Justice Woodhouse and Mr Justice Meares was produced, officers other than those who had been engaged in the traditional areas of repatriation would be needed. [More…]
I did announce that the time for Mr Justice Toose to present his report had been extended to 3 1 March of this year, but apparently Mr Justice Toose has been confronted with some difficulties which have prevented him from doing so. [More…]
I cannot in all justice say to those people that I can agree to the increase in the cost of this scheme. [More…]
If perhaps we reverse the situation and look at what he would receive if she died, there is no equity and there is no justice in the argument that this should remain at 62.5 per cent and not be increased to 67 per cent. [More…]
When the current scheme was instituted following the report of Mr Justice Woodward in 1966 it was believed that it would bring in a new era on the waterfront which would ease the dislocation which previously had occurred. [More…]
If the legal profession can cling to the old shibboleths that it has about legal procedures, long and drawn out as they are, and say that justice has to be done, then on the other side of the coin the waterside worker is entitled at times to be a bit wary during inclement weather about performing certain duties because it is his arm or his leg that is on the block. [More…]
Justice Woodward, to the Bastyn report and to other reports, and they indicate that there are unique circumstances in the industry. [More…]
When Mr Justice Woodward was parading the waterfront everybody put up his hands and said: ‘Bring in weekly hiring. [More…]
Such persons, after relinquishing judicial office, provided that this has not been for misconduct, are entitled by Royal Warrant to be designated as ‘The Honourable’ and by custom, if not as a matter of law, are addressed as ‘Justice’ or ‘Judge’. [More…]
There have been many instances of such appointments in recent times and in addition to the large number of Royal Commissions several recent inquiries have been conducted by retired judges, namely the Barrier Reef inquiry by Mr Justice Wallace, the Western Australian inquiries into Aborigines by His Honour Judge Furnell and the inquiry into airlines by His Honour Mr Justice Sholl. [More…]
I believe that to be a wildly exaggerated claim and one which does not really do justice to the very fair and important role which this Government has played in promoting the Hope Commute report and this Bill which gives expression to the recommendations of that report. [More…]
I will not in the short time tonight do justice to what I think is an extremely fine report of the investigation of the Hope Committee. [More…]
As the magistrates and judges who preside in those courts have developed that specialist ability, the ordinary courts of the land are not lacking in the expertise necessary to enable them to adjudicate fairly and with justice in the matters which come before them. [More…]
I have not heard it argued that they have been doing it in any way which denies justice to litigants. [More…]
-Senator Sir Magnus Cormack invites me to move into an intriguing area but I am one who holds to the view that in the courts you find justice. [More…]
You do not find justice, unless you are exceptionally fortunate, in the way that bureaucrats, officials or Ministers decide what the rights of people are. [More…]
Justice depends upon having a system of courts, upon having a rule of law and upon having courts as the place in which the law is administered. [More…]
I should like to see them extended into further areas than the areas in which they are used at present because I think that the existence of jury trials indentifies the people who are called on jury service with the way in which the system of justice is administered. [More…]
The more people who are identified in that way with the administration of justice the greater will be public satisfaction with our system of law. [More…]
Sir Garfield Barwick, Mr Snedden, the present Mr Justice Bowen and Mr Hughes are all previous Attorneys-General who have interested themselves in and supported the concept of a Superior Court until they have seen what was involved. [More…]
We are looking for a system in which justice is simply administered and readily available to people in this country. [More…]
We do not believe that justice in this country will be advanced by creating alongside the existing system of courts which have served us well over the years a completely new system which must be involved- in the creation of a Federal Superior Court. [More…]
It is not merely dilatory; it is expensive and it is entirely subversive to the true administration of justice, so much so that convictions won in the State court after being appealed through two or three courts can come up anew in a Federal court four and five years after the original conviction. [More…]
Certainly it is a matter of some encouragement that a consciousness of that danger is growing, and I quoted to the Senate on the last occasion an utterance by the Chief Justice of New South Wales warning us of the pitfalls of creating a dual judicature in Australia, one Federal and one State. [More…]
Everybody who knows the history of the drafting of the judicature section of our Constitution knows that it took place aboard the ‘Lucinda’ on the Brisbane River one weekend and Chief Justice Griffiths, who was chiefly responsible for it, paid too much attention to the American precedent. [More…]
He has the churlish impertinence to think that he can get a group of judges who will man this court and be as obedient to him in administering justice as the Cavanaghs, the Camerons and the Cairnses, but judges have an independence more durable than that. [More…]
Do you spell it c-o-r-t or c-a-u-g-h-t, or is it a court of justice? [More…]
These things are very serious, because the idea of a dualism in jurisdiction was commented upon by Mr Justice Dixon in the advice he gave to the royal commission in 1929. [More…]
However effectual such provisions may be for ensuring that the High Court retains an almost exclusive authority to declare the meaning and effect of the Constitution, no one can fail to see that this is done at the expense of rendering almost futile and impossible the practical administration of justice for the purpose of adjusting the real controversies between subject and subject, or redressing real grievances which a subject may have against the Crown. [More…]
Broadly, they arise from the fact that jurisdiction has been conferred upon a court on certain very limited matters by reference to considerations or criteria which have no relation to the practical administration of justice, but to circumstances that arise or features which are exhibited only accidentally or incidentally in the ordinary administration of justice and this has been done- [More…]
‘Federal jurisdiction’ forms a grave impediment to the practical administration of justice. [More…]
We think this confusion and all the difficulties which attend it ought to receive the serious attention of those interested in maintaining a Federal system of justice which is speedy, efficient and practical. [More…]
All this argumentation takes time, bedevilling the whole of the prospect of getting justice for the litigant. [More…]
They are interested though in one system of judicature in which all judges are bound according to the common law conception of England to be obedient to the law whatever it is, whether it is Federal or State, and give justice to the litigants, administering the whole system of law then and there as inexpensively as possible and eradicating these needless jurisdictional disputes that are so barren and unproductive. [More…]
It will consist of a chief justice and other judges appointed from time to time. [More…]
The biggest single disadvantage of the proposed Superior Court is that constitutional questions of jurisdiction will necessarily loom large in the Court’s deliberations, resulting in considerable uncertainty and expense to litigants, unproductive use of the Court’s time, and consequent damage to the quality of justice. [More…]
That does not do justice to the formulation which the Minister’s advisers have put before him and which he read to the House, but we will come back to that a little later. [More…]
It is a question of justice for Aborigines. [More…]
It will simply use its numbers without concern for the justice of what it is doing. [More…]
I believe that it would have done justice to the honourable member for Wakefield (Mr Kelly), from whom we have heard so often. [More…]
For example, it is beyond dispute, as a recent article in the ‘Australian Law Journal’ declared, that a judge cannot take part in the decision of a matter in respect of which he has already appeared as counsel to argue one side of the case- a view which I think Senator McClelland might well remember that Mr Justice Murphy accepted when he declined to sit on the case in which it was argued whether or not the Petroleum and Minerals Authority Bill was a valid exercise of power by the Commonwealth Parliament. [More…]
I think Mr Justice Murphy’s reasoning was that because of his earlier association with the subject matter of the proceeding, he should not sit. [More…]
I mentioned Mr Justice Murphy in regard to the particular case which he raised, because more recently there was a case in which he did sit. [More…]
That of course was a matter upon which Mr Justice Murphy had given advice. [More…]
I can recall an occasion in the Australian Industrial Court- the Commonwealth Industrial Court as it was known before that word was ostracisedwhen a challenge was made to the propriety of His Honour Mr Justice Dunphy sitting in a matter involving the Australian Workers Union, the objection being based on the fact that a firm of lawyers with whom His Honour had been associated before he was elevated to the bench had acted for the union. [More…]
In fact, the matter to which I have adverted involving Mr Justice Dunphy arose during the life of the previous coalition Government. [More…]
We should set the lead in seeing to it that justice is not only done but also appears to be done. [More…]
His political career and beliefs are based on a deep-seated hatred of trade unions and he is longing to throw into reverse all that the ALP and the union movement have fought for over decades to achieve wage justice and decent job conditions. [More…]
1 ) Did Mr Justice Murphy, as Attorney-General, in or about June 1973, respond to an indication by the AttorneyGeneral of New South Wales to the effect that the State of New South Wales was prepared to co-operate with the Commonwealth in respect of a National Companies Act and a Securities and Exchange Commission. [More…]
Did Mr Justice Murphy, as Attorney-General, state at the meeting of the Standing Committee of AttorneysGeneral held in Perth on 3 July 1973 that he would let the States know of the Commonwealth’s reaction to the proposals put forward by the Commonwealth and State officers. [More…]
Did Mr Justice Murphy, as Attorney-General, also promise at the Standing Committee’s meeting on 3 July 1 973 to let the States have an outline of the type and scope of the powers which he felt would be necessary to enable the Commonwealth to legislate in a competent manner removed from any constitutional doubt. [More…]
If the answers to (4) and (5) are in the affirmative, did Mr Justice Murphy, as Attorney-General, ever honour the undertakings he gave; if not, why were they not honoured. [More…]
1 ) Did Mr Justice Murphy, as Attorney-General, invite the views of the Attorneys-General of any, and, if so, of which States, on the subject matter of the Corporations and Securities Industry Bill before the Bill was introduced into the Senate in December 1974; if not, why not. [More…]
However, these matters fall within the compass of the Inquiry by the Royal Commission on Intelligence and Security under Mr Justice Hope. [More…]
With reference to the answer given by the previous Attorney-General, Mr Justice Murphy, to the question asked by Senator Greenwood concerning the alleged intimidation by the Australian Builders Labourers Federation towards six building companies concerning their proceedings before the High Court: [More…]
I quote from the judgment of Chief Justice Burger. [More…]
In the case of Lanyon Pty Ltd v. Commonwealth of Australia the late Mr Justice Menzies in the High Court of Australia upheld a claim of privilege in respect of documents falling within a certain class, namely: . [More…]
In another case here in the Australian Capital Territory, the case of Kent v. Cavanagh- the Black Mountain case- Mr Justice Smithers in the Supreme Court of the Australian Capital Territory upheld a claim of privilege to certain documents falling within a certain class, namely: [More…]
If that were the honourable senator’s sense of justice and fair play he just has no sense of it. [More…]
If I may add one more word, with the greatest and deepest respect, Mr President, I think that this epitomises the problems that a lay person and a person who is not qualified in the law faces when he is in a court of justice without the representation that is there provided to him in the form of counsel. [More…]
Where, however, documents do not fall within classes such as these, it is open to the court to decline to be bound by the Minister’s certificate and consider the documents themselves to see whether the withholding of them is necessary in the public interest having in mind the public interest of ensuring the proper administration of justice. [More…]
I think they raise matters which warrant the attention of persons concerned with justice in the industrial movement and with seeing that right is done. [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…]
Broadly speaking, the view was expressed that the administration of justice should not be frustrated by the withholding of public documents. [More…]
But where there is a clash between the public interest in nondisclosure because of possible harm to the nation or to the Public Service and the public interest in disclosure for the fair administration of justice then the court must balance the two conflicting interests. [More…]
In her work in the community at large, Dame Ivy was a Justice of the Peace and a Special Magistrate in the Children’s Court of Victoria. [More…]
She was a Justice of the Peace and a Special Magistrate in the Children’s Court. [More…]
I think it continued when Mr Justice Toose was appointed by the previous Government to inquire into the repatriation system. [More…]
The matter which is still pending is the report of Mr Justice Toose. [More…]
I have told both the RSL and the Australian Services Council that they will have a copy of that report for at least 6 months so that they can make recommendations on it before any action would be considered by the Government in line with the recommendations of Mr Justice Toose. [More…]
Shortly after that the previous Government appointed Mr Justice Toose to make his inquiry into the repatriation system and this seemed to cause some additional concern. [More…]
The principal inquiry into repatriation is that which is being undertaken and has been undertaken for the past years by Mr Justice Toose. [More…]
Mr Justice Toose ‘s report, which I hope to receive within the next couple of months, I will make it available to all of the veterans organisations and they will have at least 6 months to consider Mr Justice Toose ‘s recommendations and to advise the Government of their views on those recommendations. [More…]
Members of the Opposition pose as though they have a boundless faith in the efficiency and justice of the free enterprise system. [More…]
Mr Justice Williams, the Chairman of the Tribunal, and the members of it are to be congratulated on their practical and effective approach to the problems. [More…]
Has the Minister discussed such requests with Mr Justice Nimmo? [More…]
I ask: Is that social justice? [More…]
Accordingly, when I came back from Tasmania I contacted the President of the Conciliation and Arbitration Commission, Mr Justice Moore, and asked him to make available the services of a commissioner, Commissioner Judith Cohen, who has been closely associated with the dispute, in a further attempt to find a solution to the dispute. [More…]
He had the temerity to ask whether these increases meant social justice and equity. [More…]
Yet, because Mr Bjelke-Petersen is so stubborn, so bigoted and by nature so unjust, another appointment will be made this afternoon quite contrary to all the accepted principles- political principles and principles of justice. [More…]
It is a tragedy, a travesty of justice, that many of the people directly responsible for some of these business failures will pay no penalty. [More…]
We have taken what steps we can to ensure that there will be indexation of wages and that at least for the time being- we are not arguing that this will bring about perfect justice- wages will be tied to the consumer price index. [More…]
We know that in the days when Mr Snedden was the Leader of the Opposition he made an appeal to the Premier of New South Wales, Mr Lewis, not to appoint any person other than a member of the Labor Party to the vacancy caused by the resignation of Senator, now Mr Justice Murphy. [More…]
It is a commission of inquiry that is presided over by Justice Evatt. [More…]
I think, with that galaxy of talent, that we will see justice done. [More…]
to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80. [More…]
Has the Minister seen the decision of a Justice of the High Court who placed the major responsibility upon the then Department of Civil Aviation because of the actions of the operator in the control tower? [More…]
Wage indexation is sought as the parable by which the wage earner might be persuaded that he will get justice. [More…]
This Commission is responsible for sinking fund repayments and its Commissioners are the Treasurer of the Austraiian Government, the Chief Justice of the High Court, the Secretary to the Treasury, the Governor of the Reserve Bank, the Secretary of the Attorney-General ‘s Department, a representative of the States and the Secretary of the Auditor-General’s Department. [More…]
provision to be made to issue local ordinances and establish better facilities for the administration of justice; [More…]
The Committee has tackled these problems and many more in a manner which I believe does justice to the sincerity of the views expressed by members of Parliament and people from all walks of life who gave evidence to the Committee. [More…]
It has not been appointed and I feel that there were matters raised then and there are circumstances of what I regard as ordinary justice which require that the unfinished business of the 22 April ought to be pursued. [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…]
1 ) Have Mr Justice Toose and the staff assisting him received salaries and allowances since the expiration of the last authorised extension of time to submit the report on repatriation on 31 March 1975. [More…]
Has the Government continued to pay rent for premises occupied by Mr Justice Toose and his staff in Sydney since 31 March 1975; if so, by what authority. [More…]
What rental is being paid for the premises occupied by Mr Justice Toose and his staff. [More…]
Will the Minister table in the Senate, (a) a complete list of staff made available to Mr Justice Toose, (b) a statement incorporating the total costs of the inquiry to date, including a list showing salaries and other expenses paid to Mr Justice Toose and his staff, and, in particular (c) the salary and other allowances paid to Mr B. J. F. Wright, Q.C. [More…]
The terms of reference laid down by the previous Government, when it authorised the Independent Enquiry into the Repatriation system under Mr Justice Toose in October 1971, did not specify any date by which the enquiry was to be completed and a report furnished to the Government. [More…]
Salaries and allowances to Mr Justice Toose and his staff will continue until the enquiry is complete and are provided for in Division 525, subdivision 5, item 07 of the Departmental estimates for appropriation purposes. [More…]
(a) Mr Justice Toose has been supported by: Mr B. J. F. Wright, Q.C. [More…]
There has been nothing but a greedy grab at somebody else’s cake, without any attempt at justice or even rationalisation. [More…]
When Mr Playford was Premier he did not get the vote but because of the gerrymander he always got the government, at least until the present Premier became Premier of South Australia and was able to bring some justice into the electoral system. [More…]
In 1973 the Minister for Justice in Queensland, Mr Bill Knox, set up a Commission of Inquiry into the Status of Women. [More…]
Queensland is the State which leads the way there and recognises that in that area some very simple justice is due to women. [More…]
Against the background that many of us have laboured for years to get citizenship justice for people who have been given rather vague evaluations by the Australian Security Intelligence Organisation, I ask Senator James McClelland: Can the Senate have an assurance that the findings of Mr Justice Hope on national security operations, an objective to which many people, including myself, have contributed, will not be ignored in the fact of the appointment of a new and overdue ASIO chieftain? [More…]
-The appointment of a new head of ASIO is not to be taken as implying that the findings of Mr Justice Hope, following his investigation of that body, will be regarded by the Government as redundant or superfluous. [More…]
Mr Justice Hope is one of the most distinguished lawyers in this country and, as anybody would know who has read any of his previous reports following inquiries in which he has participated, such as the inquiry into the national estate, the Government is entitled to expect from this distinguished lawyer reflections and findings on the nature of ASIO operations which are sure to be most helpful and which are designed to improve the quality of that organisation. [More…]
May I say in passing that I know Mr Justice Woodward personally, that I have the highest regard for him and that I believe he will make an excellent ASIO chief. [More…]
My question, which is directed to the Minister representing the AttorneyGeneral, refers to the inquiry by Mr Justice Hope into the Australian Security Intelligence Organisation. [More…]
I ask: Has Mr Justice Hope made any report to the Government in regard to his inquiry? [More…]
I understand that Mr Justice Hope has not yet reported to the Government. [More…]
As to who is acting as the Director-General of the Australian Security Intelligence Organisation at the present time, I am not quite sure whether Mr Barbour’s proposed successor, Mr Justice Woodward, has yet assumed office. [More…]
It may be remembered that among the recommendations that were made by Mr Justice Woodhouse and Mr Justice Meares for the financing of the scheme there was the recommendation or the suggestion that the imposition of a levy on the price of petrol to replace the present compulsory third party insurance premiums should be considered. [More…]
Despite the claims of the Government about morality and electoral justice and reform the fact that at the end of 2 years there is still a seat in Western Australia which is in excess of 10 per cent below the variation which the Government believes to be proper and just I think points up the phoneyness of the whole operation of the proposed electoral redistribution which we are now considering. [More…]
For the third time we rise to talk about achieving some sort of electoral justice in Australia. [More…]
I believe that if that is the situation- indeed it is- then it is virtually impossible to get a system which is closer to electoral fairness and real justice than is exhibited by the results of those elections. [More…]
We have a very great concern indeed about electoral justice. [More…]
I am emphasising these points because I believe that they are significant; they are absolutely indicative of the fact that the redistribution which is before us is not really concerned with justice to the total Australian scene and certainly not with justice to the total scene as we see it in the State of New South Wales. [More…]
They are totally unnecessary in that the evidence of the elections that have been held in the last 3 years indicates that there is a remarkable justice in the results that come from the electoral set-up that exists in Australia today. [More…]
This takes the matter of electoral justice out of the hands of the personal or party ambitions of politicians. [More…]
They establish a form of justice which Senator Jessop does not like. [More…]
When he says that the general average in Australia is the proper result, whether an electorate in Sydney has twice the number of electors as a country electorate in Queensland, he absolutely denies the individual’s right to justice in whether he or she personally has an equal say in one part of Australia when compared with an electorate in another part of Australia. [More…]
All this cant and humbug about justice and fair representation should be seen for what it is. [More…]
In doing so, they opted for a marginal short-term political advantage and for mockery of electoral justice. [More…]
I might add that by implication, Senator Greenwood is denigrating the new Director-General of Australian Security Intelligence Organisation, Mr Justice Woodward whom I understood was acceptable to the Opposition as a suitable person for that particular position. [More…]
In any case, even conceding that there may have been miscarriages of justice, Senator Georges will agree with me that we could substitute cases involving Spanish and Greek nationals. [More…]
That is an indication of the rough justice I apply but, it is justice. [More…]
The British, when they were responsible for maintenance of law and order and justice in large parts of the world in the 18th and certainly 19th century, would never allow a British citizen to be treated in the way in which Australian citizens are treated in various parts of the world. [More…]
I ask the Minister representing the Attorney-General a question concerning Senator Greenwood’s assertion that Mr Justice Murphy had been guilty of disgraceful conduct in connection with the High Court’s decision on Senate representation for the Territories. [More…]
-The first 5 justices of the High Court of Australia were all former politicians. [More…]
They were Chief Justice Griffith, Justices Barton, O’Connor, Isaacs and Higgins. [More…]
All but Mr Justice Griffith were members of the first Federal Parliament. [More…]
Justices Evatt, McTiernan, Chief Justice Latham, Chief Justice Barwick and Justice Murphy were also members of the Federal Parliament. [More…]
Of the present High Court, Chief Justice Barwick and Justice Murphy were AttorneysGeneral of Australia and Justice Mason was Solicitor-General of Australia. [More…]
The fact is that each of them and the other justices before them were appointed to the Court, acted for numerous persons and bodies and gave advice on aspects of the Constitution and the laws which are constantly coming before the High Court. [More…]
I recall that many years ago- in 1922, as a matter of fact- 2 justices of the High Court, Chief Justice Knox and Mr Justice Starke, sat to determine the constitutionality issue in the actual case in which they had previously appeared as counsel. [More…]
In the famous constitutional case of Marbury v. Madison, Chief Justice Marshall presided over the United States Supreme Court and ruled on the validity of events in which he had participated as Secretary of State [More…]
It is absurd to suggest that Justice Murphy should not rule on whether, apart from the method of its passing, the Act was constitutional. [More…]
The outburst by Senator Greenwood is explained by his notorious paranoia in all matters concerning Mr Justice Murphy. [More…]
Is the attack by Senator Greenwood on Mr Justice Murphy another breach of convention in that it has always been the rule in this Senate that no senator should criticise the Crown or the judiciary? [More…]
Justice Murphy. [More…]
I think that in addition to the way I categorised it earlier, which aroused the ire of Sir Magnus Cormack, I would say that this action and all such actions of Senator Greenwood are based primarily on jealousy of Mr Justice Murphy’s great achievements as a legislator in this place. [More…]
I have asked my Department as soon as possible to get the whole transcript of the evidence presented to see whether there was any travesty of justice in the method of presentation of the case. [More…]
Secondly, it ought to be recalled, in the light of what he said, that Mr Justice Murphy had declined to sit upon the first constitutional case which the High Court heard after his appointment. [More…]
In the Petroleum and Minerals Authority case the Chief Justice told the court before the hearing began that he had agreed to Mr Justice Murphy’s request not to participate in the case. [More…]
It is usual for the Bench on hearing a constitutional case to be composed of all Justices available to participate in the decision. [More…]
Mr Justice Murphy has indicated to me that because of his earlier association with the subject matter of the proceedings we are about to hear, he does not regard himself as available to participate in the hearing and decision of this case. [More…]
That initial attitude which was expressed by Mr Justice Murphy was not carried through to subsequent cases of constitutional import on which he has sat, one alone of which has so far reached the point of judgment. [More…]
The Minister’s reference to Sir Adrian Knox and Mr Justice Starke I think completely misrepresents the actual statement which those judges made in which they explained why, having regard to a provision that there should be at least 3 justices concurring in any constitutional case, they had to sit. [More…]
All I desired to say by way of personal explanation was that the imputations of the Minister were ill-founded, that there was a very solid and basic ground for Mr Justice Murphy not sitting, and he should not have sat. [More…]
I submit that Senator Greenwood has sought in vain to distinguish the case of Mr Justice Murphy from that of other distinguished judges whom 1 cited in my reply to the question I was asked earlier and who saw no conflict, no breach of judicial duty, in having advised governments and then having sat as judges in interpreting cases based on Acts on which they had advised governments. [More…]
The case which Senator Greenwood has cited of Mr Justice Murphy requesting the Chief Justice that he should not sit on one of the earlier cases that came before the High Court concerning the Petroleum and Minerals Authority Bill, I suggest, is very persuasive evidence of the seriousness with which Mr Justice Murphy approaches his duties and the etiquette of the Court. [More…]
The fact that Senator Greenwood cites it is, I think, some refutation of the attitude which he has taken towards Mr Justice Murphy. [More…]
As Senator Greenwood has chosen to refer to the case which I cited that of Chief Justice Knox and Mr Justice Starke, sitting in a case in which they had actually been counsel I think I should set at rest any doubts that the Senate might entertain as to what sort of precedent is established by this case. [More…]
-Yes, and I should like to quote a section from the judgment of Mr Justice Starke. [More…]
It has been suggested by Senator Greenwood that it is outrageous for Mr Justice Murphy to sit on a court in which a matter is before that court concerning an Act on which he may have advised. [More…]
31,CommonwealthLaw Reports, page 42 1, and the passage I cite appears at page 456, where Mr Justice Starke stated: [More…]
The Chief Justice- [More…]
That was Chief Justice Knox- and I, when at the Bar, had been counsel for opposite parties in this litigation, and would, in the ordinary course, have taken no part in the decision of this case. [More…]
provide: ‘A Full Court consisting of less than all the Justices shall not give a decision on a question affecting the constitutional powers of the Commonwealth, unless at least three Justices concur in the decision’. [More…]
The Chief Justice and I thought that we could not, with due regard to our duty, decline the responsibility of adjudicating upon such questions if they actually called for decision, but we made it clear that we should take no further part in the case. [More…]
-But they adjudicated on the constitutional aspects, which is exactly what Mr Justice Murphy has been doing in this case, and I think that the tortuous casuistic attempts which Senator Greenwood has made to justify his original totally unjustified slur of Mr Justice Murphy simply will not hold water. [More…]
The President has the same rank, status and precedence as a Justice of the High Court. [More…]
It is only since that time- as a result of Senator Townley becoming a member of the official Opposition after he had been elected as an Independent, as a result of Senator Murphy retiring from this place to become a Justice of the High Court, and as a result of the death of Senator Milliner from Queenslandthat the Senate is now in its present situation. [More…]
Senator Douglas McClelland knows as well as I do that when the present Justice of the High Court, Mr Justice Murphy, was Senator Murphy and the Leader of the Opposition in the Senate, he accepted the responsibility as Leader of the Opposition to slow down the processes of government in the House of review. [More…]
If further proof was needed on the matter, one need only to look at the opinions of Mr Justice Murphy. [More…]
-Mr Justice Murphy, then Senator Murphy. [More…]
On 18 June 1970, Senator Murphy- Mr Justice Murphy now- said: [More…]
I believe that while the findings of the Commission remain unchallenged and while Mr Connor stands disclosed by his own conduct as a man who either lied to the Parliament or who engaged in such a pattern of misrepresentation and concealment that it amounts to the same thing, there is a need for justice to be done. [More…]
The first quick review was concerned primarily with comparative wage justice for academics and the Tribunal, under His Honour Mr Justice Campbell, foreshadowed then that it would proceed to a more comprehensive and in depth review at a later stage. [More…]
Mr Justice Campbell and the members of the Tribunal are currently undertaking an extensive program of visits to and discussions with institutions of tertiary education throughout Australia. [More…]
A former Attorney-General has blackguarded the High Court and one of its members, Mr Justice Murphy. [More…]
The Government has never blackguarded the Chief Justice, a former Attorney-General, who was a member of one of the Opposition parties. [More…]
Honourable senators will know that on 26 September the Prime Minister (Mr Whitlam) 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, the Prime Minister 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 senators 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 1942 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…]
He was elected as an independent senator to do justice for Tasmania. [More…]
The matter that I am discussing is the scurrilous conduct of honourable senators from Tasmania who do not heed the appeal of their Premier to do some justice and save their State. [More…]
The Chairman of the Prices Justification Tribunal, His Honour Mr Justice Williams, has drawn the attention of my Department to that report, and I am given to understand by him that in view of recent movements in bread prices the Tribunal considered that the application made to it by the 2 major Victoria based companies should be looked at in some depth. [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 martial, 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 community groups or the achievement of justice may be prejudiced. [More…]
That is one of the flimsy excuses which Mr Souter put forward to explain the second deal and which Mr Justice Collins dismissed as fantastic. [More…]
That is the concept of justice of the former first law officer of the Crown in this Commonwealth. [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…]
The fact is that Mr Justice Collins has had a long and distinguished career both at the Bar and as a judge. [More…]
Having regard to Mr Justice Collins’ long career at the Bar and his experience over 20 years as a prominent jurist, I say it is scandalous that the findings of the commission on the evidence which was presented to it are brought into query by members of the Opposition. [More…]
I now invite the Opposition if it has any evidence to present to His Honour Mr Justice Collins to go to the royal commission which resumed its sittings today and present such evidence to the royal commission. [More…]
He recommended to the presiding judge, His Honour Mr Justice Collins, that the application to reopen be denied. [More…]
After Mr Woodhouse had tendered his affidavit or had his affidavit read at the commission and after hearing submissions by counsel, His Honour Mr Justice Collins stated that he would consider the matter of Mr Woodhouse ‘s application to have the hearing reopened and advise his decision this week, probably on Thursday. [More…]
While there is the ability in this place to pursue the cause of individuals who are denied what is common justice, there will always be people in this chamber, I hope, who will take up the cudgels on behalf of such people. [More…]
The new Director is to be Mr Justice Woodward who will take office, according to announcements made, at the end of November. [More…]
Mr Justice Woodward is and has been a judge of the Commonwealth Industrial Court since 1972. [More…]
Essentially, what the Bill does is to ensure that Mr Justice Woodward’s, position as a judge, although he is not named personally in the Bill, is preserved notwithstanding that he holds the office of Director of the Organization. [More…]
We certainly wish Mr Justice Woodward every satisfaction in the discharge of his duties. [More…]
I understand that the present director of the Organisation has ceased to perform the functions of directorgeneral and that the new appointee, Mr Justice Woodward, is not to take office until some time towards the end of November. [More…]
As honourable senators know, I told Mr Justice Hope at my in camera interview with him that I believed in the Canadian system of reviewing citizenship rejections whereby in a 9-man panel any five members constitute an appeals board, one-third of the members are legal people and another third are a blending of representatives of trade unions, manufacturers and other kindred groups. [More…]
I am not speaking out of school in saying that in a conversation I had with our illustrious Prime Minister I asked whether Mr Justice Woodhouse ‘s appointment would mean that he would be deaf to any reforms that Mr Justice Hope may suggest and he told me emphatically no. [More…]
The Leader of the Government in the Senate (Senator Wriedt), knows that if any further adjustments have to be made to ASIO after Mr Justice Hope has brought down his report, which I think will be a monumental one, I will be the first one to raise those matters in this chamber. [More…]
I understand that Mr Justice Woodward will not take up his duties as director until he has completed some judicial duties on which he is currently engaged. [More…]
Has the Government extended the terms of reference to Mr Justice Toose to inquire into in order to delay his report? [More…]
I must confess that I am a little distressed to find that a journal such as the Adelaide Sunday-Mail has alleged that somehow or other I am prolonging the inquiry by Mr Justice Toose and delaying its conclusion. [More…]
It is quite true that the inquiry was established in October 1971 by the previous Government and that upon Labor being elected in December 1972 the time was extended for Mr Justice Toose to complete his report. [More…]
Mr Hunter says that secretly I have been giving additional terms of reference for Mr Justice Toose to inquire into. [More…]
I can assure honourable senators that I have not been giving Mr Justice Toose anything to inquire into at all other than what was given to him by the previous Government, and 4 years - [More…]
I realise that the time taken for Mr Justice Toose ‘s inquiry and the preparation of the report has now lasted almost as long as the First World War did. [More…]
But I am afraid there is nothing more that I can do about the matter other than to wait for Mr Justice Toose to present his report, which we have now been awaiting so long. [More…]
By way of preface I refer to the proceedings of Estimates Committee F at which I asked for further information on an innovation suggested to the Government via Mr Justice Robinson for the printing of many awards in foreign languages. [More…]
The Leader of the Opposition in the Senate at that time, the former Senator Murphy- he is now Mr Justice Murphy, having been elevated to the High Court because of his knowledge of these things- in a statement which he made in the Senate in 1970 said: [More…]
As I mentioned, the position is endorsed by Mr Whitlam and even by Senator Murphy, now a Justice, promoted by the Labor Party to the High Court because of his competence in such matters. [More…]
Mr Khemlani is here to try to get justice for himself in respect of the work he had done in attempting to raise loans for the Australian Government. [More…]
There are still fifteen of them sitting on the Government benches who were here in 1972 and who voted with the former Senator Murphy, now a Justice of the High Court, when he moved that motion and when he said those words. [More…]
We have heard many quotations of the Prime Minister (Mr Whitlam) and also ex-Senator Murphy, now Mr Justice Murphy. [More…]
His credibility is not questioned by this Government because it saw fit to elevate the then Senator Murphy to the High Court where he is now Mr Justice Murphy. [More…]
I am quoting the words of Senator Lionel Murphy, now Mr Justice Murphy. [More…]
I now invite the Opposition if it has any evidence to present to His Honour Mr Justice Collins. [More…]
The then Senator Murphy, who is now Mr Justice Murphy, also sent a reference to the IAC when it was his responsibility with regard to the situation in the tomato industry’. [More…]
At that time I indicated that, after the affidavit of Mr Woodhouse had been presented to the Royal Commission on Petroleum, His Honour Mr Justice Collins had stated that he would consider the matter of Mr Woodhouse ‘s application to have the hearing reopened and advise his decision this week, probably today. [More…]
The following is forwarded to you for submission to His Honour Mr Justice Collins. [More…]
Mr Justice Collins then said that he had caused inquiries to be made and Senator Greenwood would be available at 2 p.m. on Monday. [More…]
Mr Justice Collins said that in the meantime he would make no findings on the application by Mr Woodhouse to reopen the inquiry. [More…]
The Family Law Bill- a monument to the former Attorney-General, 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…]
Mr Whitlam and the then Senator Murphy, now Mr Justice Murphy, advocated the throwing out of a Liberal-Country Party Budget, and in fact pursued that course by voting against the Budget in the House of Representatives and by voting against the same measure in this chamber. [More…]
We remember also that something like 84 per cent of the people who had never heard of our proposal for legal aid said, when the proposal was put to them, that if there was one thing that was needed to bring justice to the ordinary people of Australia it was the Legal Aid Bill. [More…]
1 am pleased also to be able to quote the judgment of Mr Justice Stephen in the recent action in the High Court relating to the Petroleum and Minerals Authority where, referring to the Senate, Mr Justice Stephen said: [More…]
Mr Justice Gibbs in the same case said: [More…]
Under its new chairman- Mr Justice Rae ElseMitchellthe 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…]
The simple fact is that a royal commission in 1967 and 1968, I think under the chairmanship of Mr Justice Else.Mitchell, made recommendations to the New South Wales Government with regard to the principle of grants to the States and a Grants Commission. [More…]
Senator Chaney quotes 2 Justices of the High Court, Mr Justice Stephen and Mr Justice Gibbs, as upholding the power of the Senate. [More…]
We now have the authority of Mr Justice Mason and the Chief Justice, Sir Garfield Barwick. [More…]
Four Justices of the High Court unequivocally stated that the Senate’s powers were not being misused and that the Senate did have the power to reject. [More…]
No doubt Mr Justice Murphy, in view of his past record, would support that view. [More…]
That makes 5 justices of the High Court who would support that view. [More…]
Upon what basis or principle of justice is his account to be denied? [More…]
I am aware that the Royal Commissioner, Mr Justice Sweeney, presented an interim report which dealt with payments and demands by maritime unions on foreign vessels entering into the Australian coastal trade under permit. [More…]
In that report, Mr Justice Sweeney indicated that the Royal Commission would go on to examine demands and payments in respect of certain work claimed to be that of shore labour being performed by ships’ crews. [More…]
As the previous Government acknowledged, there has been a necessity for some reassessment of the whole repatriation system which was why Mr Justice Toose was appointed some years ago to inquire into this matter. [More…]
No doubt in due course we will hear what Mr Justice Toose suggests. [More…]
As the Woodhouse Committee of Inquiry, which was appointed after Mr Justice Toose was appointed, has brought down its report; the report has been debated; a Bill has been presented to the Parliament; the Senate committee of inquiry has been held; and another Bill is being prepared for presentation to the Parliament, I dare say Mr Justice Toose has been able to find time to look at the possible impact which a national compensation scheme would have on the repatriation system. [More…]
It would seem to me that if there were to be some additional benefit given to veterans who are totally and permanently incapacitated this would involve some amendments to the Repatriation Act rather than any provision being made within the national compensation scheme itself and that is why it is important that we learn as quickly as possible what proposals Mr Justice Toose has. [More…]
People with political views and backgrounds as far apart and as totally divorced as Sir Robert Menzies, Mr Justice Murphy and, indeed, Mr Whitlam have indicated that they believe that the powers of assent and veto of the Senate are the same as those powers in the House of Representatives. [More…]
Besides the views of Mr Justice Murphy, Sir Robert Menzies and Mr Whitlam, we have the view of Quick and Garran, the interpreters of the Constitution, the view of Mr Odgers in his book Australian Senate Practice, and the views of a number of professors of law, of prominent Queen’s counsel and of many other people interested in the constitutional circumstances of this country. [More…]
Before the suspension of the sitting I was about to cite the circumstances of the elevation of Senator Murphy to the High Court as a justice. [More…]
This has been the subject of inquiry by a royal commission headed by Mr Justice Collins and I understand that since Senator Greenwood last referred to this matter he has made submissions to that commission in Adelaide- I think it was on Monday- seeking to have certain aspects of the hearing in respect to the specifics of the ACTU-Solo matter reopened. [More…]
I understand that Mr Justice Collins has reserved his decision on that matter. [More…]
On the first point- the point that the fathers of our Constitution wished to create a Senate far more powerful than any other second House- I would simply refer to a statement by the Right Honourable Sir Edmund Barton, the Leader of the Australasian Federal Convention 1897-98, the first Prime Minister and a justice of the High Court of Australia. [More…]
I think that is the way in which to give him justice. [More…]
I think that is common justice. [More…]
Therefore one can see that the system which the Treasurer proposes is a great advance and gives greater equity and greater justice to the taxpayer than the present system. [More…]
I repeat to the Senate the brief quotations from the judgments of Mr Justice Stephen and Mr Justice Gibbs in the litigation with respect to the Petroleum and Minerals Authority. [More…]
Mr Justice Stephens said, in referring to the Senate: [More…]
Mr Justice Gibbs in the same case said: [More…]
Apart from appointing Mr Justice Asprey to conduct an inquiry into taxation in the dying days of the McMahon Government and making one minor amendment to the income tax laws in 1954, I think it can be said in a rather general way that the previous Government made no substantial change or alteration in the tax system between 1949 and 1972. [More…]
That is scant justice for- pensioners in those circumstances. [More…]
This afternoon I wish to quote from a memorandum of Sir Samuel Griffith who rose to be the Chief Justice of Australia. [More…]
In fact, he was the first Chief Justice of Australia. [More…]
first Chief Justice of the Commonwealth, one of the greatest Australians; . [More…]
That person who had so much to do with the formation of the Constitution just before he resigned set out his views clearly as Chief Justice in a memorandum which I have read to the Senate. [More…]
Anybody of any experience whatever, except an infant, would know that Chief Justice Griffith was a most outstanding Chief Justice who pioneered the High Court to its elevated position from which it went on and on to gain prestige in the juridical circles of the world. [More…]
Chief Justice Griffith, as Senator Steele Hall said, was the chief architect of the Commonwealth Constitution, ably assisted by Sir Edmund Barton and Mr Justice Andrew Inglis Clark of Tasmania, those 3 persons being the chief draftsmen of the first draft of the Constitution. [More…]
It will be noticed that the Chief Justice is not on record here as interpreting section 53 as denying to the Senate the constitutional right to reject a money Bill, whether it be one which is amendable or one which is not amendable. [More…]
It will be noticed also that the Chief Justice refers with very grea t care to the working rule in a practical way that has for the present been adopted, no doubt with a full knowledge that Sir Robert Garran, writing in his text both before and after the Constitution, referred to the rule that on confidence in the House of Representatives, then referred to as the popular House, under the theory of responsible government, depended the life of a government. [More…]
On 1 1 November 1975, without any consultation whatever from the Governor-General or the Chief Justice of Australia or Mr Ellicott or other people associated with the events - [More…]
We know that before 1 1 November the Governor-General had called for the legal opinion of a member of the legal fraternity who was also a member of the then Opposition, the honourable member for Wentworth (Mr Ellicott), the present Attorney-General, who is a cousin of the Chief Justice of the High Court. [More…]
Certainly during the weekend preceding Tuesday, 1 1 November, there had been discussions with the Chief Justice of the High Court of Australia, Sir Garfield Barwick. [More…]
Certainly the undisputed evidence indicates that discussions were held by the Governor-General with people who were not his political advisers; that the Governor-General called for the legal opinion of a prominent member of the legal fraternity who at that time was a member of the Opposition and who happened to be a cousin of the Chief Justice of the High Court; that the Governor-General sought the legal opinion of the Chief Justice of the High Court; that the Governor-General did not seek the advice of, or even have discussions on the subject with, the Prime Minister or any of his other Ministers. [More…]
We have seen the Government trying to deny the work force of this country the principle of wage justice by urging the Conciliation and Arbitration Commission to award in its wage indexation hearing half the rise in the consumer price index. [More…]
Their then leader in this place, now Mr Justice Murphy, supported the unlimited powers of the Senate to defeat money Bills and referred to 168 occasions I think it was since 1952 when the Opposition had attempted to defeat money Bills and to 4 occasions when the Opposition had succeeded in defeating money Bills including Appropriation Bills. [More…]
I want to try to develop the point that justice must not only be done but also appear to be done. [More…]
I say to all the Queensland senators that we will get even with them on that point one day and it will be justice. [More…]
The question that arises is: Is there any solution to obtain justice in our society through political action - [More…]
-In speaking to the motion for the adoption of the Address-in-Reply to the Speech of the Governor-General I wish, firstly, not just to pay a formal tribute to the newly-elected President but also to say how much I warmly regard his elevation to the office which he now holds and how, during the short period in which I have been a member of this Parliament, I have come to appreciate the unique qualities that he possesses and his sense of fairness and justice. [More…]
I greatly appreciate many of the things that he has done in this Parliament and many of his abilities, but I believe that he did himself much less than justice last evening. [More…]
There was a combination of a Prime Minister who was of their own ilk, a Chief Justice who was always a political operator and a compliant GovernorGeneral; and the aim was achieved. [More…]
We saw that Justice Moore and the other justices of the Arbitration Court were not amused or impressed by the arguments of the Commonwealth Government. [More…]
He also indicated -this is the point I emphasise- that no final decisions will be made by the Government until we have received the report of Mr Justice Fox who is conducting the environmental inquiry into the proposed Ranger leases. [More…]
But the Government’s decision also involves issues of justice and political integrity. [More…]
Knowing Senator Laucke as I do, I feel perfectly confident that he will discharge the duties of his office with dignity and with justice. [More…]
The Vice Regal notes, which are of course a relic of the old days, in the Canberra Times of 11 November 1975 stated: ‘The GovernorGeneral, Sir John Kerr, received the Chief Justice of Australia, Sir Garfield Barwick, at Admiralty House yesterday morning. [More…]
It appears that the Chief Justice spent several hours with the Governor-General the day before. [More…]
The Minister no doubt will be aware that Mr Justice Muirhead has again drawn attention to the inadequacy of the Fannie Bay gaol, calling it the worst institution of its type in Australia. [More…]
Mr Justice Muirhead is a distinguished jurist with wide experience and his statement on the facilities at Fannie Bay gaol must be treated with respect. [More…]
Are we not entitled to ask: Did Sir Garfield Barwick as the Chief Justice carry out those canons, those standards, when he spoke unofficially, with no authority and without the knowledge of the Minister, the MinistersinCouncil, the Prime Minister and those of the Executive Council, when he was not entitled to do so. [More…]
He should not have sought the advice of the Chief Justice. [More…]
It is worth remembering, honourable senators, that the Chief Justice holds no particular position in the High Court other than as the administrative head who allocates responsibility. [More…]
The position of Chief Justice has no substance greater than that of any other member of the High Court. [More…]
In fact, I am led to believe that a majority of the members of the High Court does not agree with the sort of advice which, it is said, the Chief Justice proffered to the Governor-General. [More…]
Until very recently, women in our society, through a variety of formal barriers, traditional prejudice, and sheer neglect by policy makers, were denied equal access with men to education, health care, job training, employment, wage justice- in all, to the possibility of real independence. [More…]
The injustice to women implicit in the concept of the male breadwinner, which was first applied by Justice Higgins in the Conciliation and Arbitration Court in 1907, has finally been removed. [More…]
Under the Whitlam Government women were given access to wage justice. [More…]
But a number of steps remain before wage justice becomes a reality for all working women. [More…]
Late last year a request was made for assistance to present a submission to the inquiry being conducted by Mr Justice Fox. [More…]
These Bills were introduced following the announcement of the decision to appoint Mr Justice A. E. Woodward, O.B.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. [More…]
I am not alone in trying to bring justice to people who are crying out for assistance and guidance on this matter. [More…]
I, for one, will continue to press in every way that I can and in any way that I can for some assistance for these people and to see that the Aboriginal people of Aurukun at least are given justice in their claims in relation to this mining venture. [More…]
Both Bills are to permit Mr Justice Woodward to become the Director-General of the Australian Security Intelligence Organisation. [More…]
Mr Justice Woodward is a member of the Conciliation and Arbitration Court and is, at present, Chairman of the Trade Practices Tribunal. [More…]
So that Mr Justice Woodward may take up his new position as Director-General of ASIO, it is necessary also to amend the Conciliation and Arbitration Act. [More…]
It is precisely because of this sort of factor that the Opposition looks forward to the publication of the report of Mr Justice Hope in relation to ASIO. [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. [More…]
At the same time it must endeavour to do justice according to law as between the immediate parties. [More…]
The court there sees- in its own judgment- a dichotomy between doing justice and what it calls getting to the heart of the matter by abandoning to some degree the normal rules of evidence. [More…]
While we are dealing only with the appointment of a new Director to the Australian Security Intelligence Organisation, what I want to illustrate very simply is how a miscarriage of justice almost occurred. [More…]
I make the point that the appointment of Mr Justice Woodward to ASIO will be an appointment from the judiciary. [More…]
In dealing with the role of the custodian of civil liberties and the dangers inherent in that role, I seek an assurance from the Minister, as I sought from my own Government, that when Mr Justice Hope presents his report on his long standing inquiry into security matters the Government will not say: ‘Look, Mr Justice Woodward has taken over as the Director of ASIO. [More…]
I would like to believe and hope- and no pun is intended- that Mr Justice Hope’s recommendations will provide opportunity for a number of innovations. [More…]
I am simply hammering the theme that I look forward to the report of Mr Justice Hope as being one proposing reform. [More…]
Without being at all egotistical, I should point out that I had the good fortune to spend over an hour with Mr Justice Hope. [More…]
The track record of Mr Justice Woodward is excellent. [More…]
I hope the Minister will give me an assurance that whatever Mr Justice Hope recommends will be receptive to the Government and to the Attorney-General (Mr Ellicott). [More…]
Obviously, Mr Justice Woodward has to be appointed DirectorGeneral of ASIO. [More…]
It should say what it means which is that Mr Justice Woodward should receive the salary he is now receiving, namely, the salary which applies to the President of the Trade Practices Tribunal. [More…]
Mr Justice Woodward to ASIO and that another judge is likely to come back full time to the work of the Industrial Court and be able to fill his place. [More…]
We have Mr Justice J. [More…]
We have Mr Justice P. G. Evatt who was appointed on 2 July 1974 with very little industrial experience. [More…]
We saw the appointment of Mr Justice R. J. [More…]
It is now proposed to increase the number of judges, other than the Chief Judge, from nine to ten to cover the transfer (but not the retirement) of Mr Justice Woodward to the position of Director-General of the Australian Security Intelligence Organisation. [More…]
Mr Justice Woodward will retain his judicial status during his occupancy of the position of Director-General of ASIO. [More…]
In the Australian Capital Territory they include Mr Justice Fox, Mr Justice Blackburn and Mr Justice Connor. [More…]
In the Northern Territory, they are Mr Justice Forster, Mr Justice Muirhead and Mr Justice Ward. [More…]
For example, let us take Mr Justice Woodward. [More…]
Honourable senators will remember that we are expected to approve of an increase in the establishment of the Industrial Court to fill the vacancy which will be created by the departure of Mr Justice Woodward. [More…]
How long has Mr Justice Woodward spent in the work of the Industrial Court. [More…]
Mr Justice Woodward has been inquiring into Aboriginal conditions, from which emerged the Woodward report on that subject, and into the pay and conditions of the armed Services. [More…]
Mr Justice Eggleston resigned on 30 June 1974. [More…]
Mr Justice Sweeney has made inquiries into indemnity payments. [More…]
Mr Justice Sweeney, Q.C., was a senior counsel engaged in diverse industrial cases as well as in a number of other matters. [More…]
The other 2 appointments, Mr Justice Evatt and Mr Justice St John were in fact virtually unknown in the Federal industrial arena and were not greatly known in the State industrial arena. [More…]
The Chief Judge, Mr Justice Spicer, was appointed in 1956. [More…]
Mr Justice Dunphy was appointed in 1956. [More…]
Mr Justice Joske was appointed in 1960. [More…]
Mr Justice Smithers was appointed in 1965. [More…]
Mr Justice Nimmo was appointed in 1969. [More…]
Mr Justice Woodward, whom the Government is now transferring to other spheres, was appointed in 1972. [More…]
Mr Justice Franki was appointed in 1972. [More…]
That document mentions that Mr Justice Nimmo was seconded to the position of Chief Justice of Fiji. [More…]
However, on the basis that his Norfolk Island assignment was supposed to be completed by the end of last year, he should be available for Industrial Court work in 1 976, thus providing an effective replacement for Mr Justice Woodward. [More…]
Mr Justice Woodward to the DirectorGeneralship of the Australian Security Intelligence Organisation. [More…]
I ask honourable senators to bear in mind that last year Mr Justice Woodward spent 28 days sitting on the Australian Industrial Court Bench. [More…]
Surely Mr Justice Nimmo will be able to take up that slack. [More…]
During the past 1 8 months Mr Justice Nimmo has been virtually full-time on the Norfolk Island inquiry. [More…]
Mr Justice Sweeney, as honourable senators would know, has been engaged on the maritime inquiry concerning indemnity payments and prior to that on the Moore v. Doyle inquiry. [More…]
The Chief Judge, Mr Justice Spicer, and Mr Justice Dunphy have conducted maritime collision inquiries. [More…]
Mr Justice Woodward, as President of the Trade Practices Tribunal, has been engaged on trade practices matters which, in addition to becoming more numerous, are by their very nature lengthy in their hearing. [More…]
Mr Justice Franki is dealing with matters relating to copyright. [More…]
The departure of Mr Justice Woodward virtually coincides with the return of Mr Justice Nimmo, whose Norfolk Island inquiry, was expected to finish at the end of last year. [More…]
If all the judges excluding Mr Justice Woodward were available all the time for Industrial Court matters, there would be sufficient judges to cope with such matters. [More…]
To replace Mr Justice Woodward with another judge would simply perpetuate the present unsatisfactory situation which has grown in recent years, whereby judges of the Industrial Court are available for Industrial Court matters only if they are not engaged on non-industrial matters. [More…]
I refer to the inquiry being conducted into Aboriginal rights by Mr Justice Woodward; the inquiry into Norfolk Island by Mr Justice Nimmo; and the maritime inquiry into indemnity payments by Mr Justice Sweeney, who was, according to the Parliamentary Library, also the Chief Justice of Fiji. [More…]
It is time now, with the expected departure of Mr Justice Woodward, to take stock of the position to ensure that suitable Industrial Court judges are engaged full time in the work of the Industrial Court so that it carries on as a judicial body should carry on. [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. [More…]
I was here in 1956 when the Australian Industrial Court was created as a product of the Boilermakers decision that demanded a judicial court to decide those issues of a judicial character distinct from those of an arbitral character in the industrial field- which Chief Justice Dixon and the Privy Council had then established as a cardinal principle of the administration of justice in the Federal sphere of government in this country. [More…]
This amorphous creation of 1956 has grown like Topsy, according to the convenience of age and disposition, the appointment of particular persons and the making of assignments, until now we have a court consisting of one chief judge and 10 justices to perform the work the statistical details of which Senator Harradine has laid before the Senate. [More…]
Honourable senators opposite who do not really give consideration to the imperative qualities of the courts of justice in our system do not understand what dedication is required from the judges every day of the year to administer, according to law, the laws according to conscience and independent judgment. [More…]
So we have in the Federal sphere, I think, an imperative requirement to demand that judges have regard to their ages, confine themselves to the jurisdiction and occupy themselves only injudicial work, especially where the industrial issues demand a greater perception of justice than in any other field. [More…]
The Industrial Court should not squander its talents in other fields, however serviceable the justices may be in other fields. [More…]
It is imperative, if we are to maintain a judiciary that serves the people, not divided federally, on the one hand, and according to States, on the other hand, that the people should have absolute confidence that according to the law they will receive justice expeditiously, economically and promptly. [More…]
We are compromised by the fact that an important ASIO appointment was promised to Mr Justice Woodward some four or five months ago. [More…]
I should have thought that, having regard to the complexities of the modern industrial arbitration system and the hundreds of awards, to which these judges give attention from time to time and the demands which governments make upon the time and the energy of the judges in that jurisdiction, we would have given more thought and time to the factors which were in the mind of the previous Government when we sought to appoint Mr Justice Woodward to this important position of Director-General of out Intelligence Organisation. [More…]
That is how we of the Opposition see, and how we as a Government last year when the suggestion was made saw, the suggested appointment of Mr Justice Woodward to this very sensitive post of Director-General of ASIO. [More…]
I think one is entitled to say that in the intervening years from 1 949 when Mr Justice Reid was appointed to this office, appointments were made which permitted the Organisation to go in directions that were not in the best interests of either the community or of the Australian Parliament. [More…]
We know something of what prompted Mr Whitlam to take the steps that he did last year in making the proposal to appoint a person of the calibre of Mr Justice Woodward to the position of Director-General of ASIO. [More…]
We trust- certainly this was in the mind of Mr Whitlam when he brought forward legislation similar to this in 1975- that the appointment of a member of the judiciary, in this case Mr Justice Woodward, will take us back to the 1 949 concept and that we will get out of the area where spies, counter spies, spooks and other similar people are involved in these activities. [More…]
Our hope is that in the years that lie ahead people like Mr Justice Woodward will take this Organisation back to its legitimate role. [More…]
I am hopeful, as indeed is the Opposition, that in the person of Mr Justice Woodward- a trained lawyer and a man in whom we have confidencethis type of approach will become much more dominant in the activities of ASIO, as distinct from the sort of behaviour pattern which became commonplace over the last 20 years in that Organisation. [More…]
I think the former Labor Government is to be commended for setting up the Royal Commission on Intelligence and Security to inquire into ASIO and for initiating this Bill which will lead to the appointment of His Honour, Mr Justice Woodward, as Director-General of the security service. [More…]
For this reason I consider the appointment of a judge of the status of Mr Justice Woodward to be an extremely important step towards establishing a security service which has the respect and support of the community. [More…]
Because of the standing of Mr Justice Woodward and the position of judges in Australia it will be a step towards re-establishing credibility. [More…]
However, I believe that the appointment of Mr Justice Woodward as the Director-General of ASIO will certainly improve the standing of the service in the community. [More…]
in reply- The Senate has been debating cognately a Bill which will facilitate the appointment of Mr Justice Woodward as the Director-General of the Australian Security Intelligence Organisation and a Bill which will enable the appointment of an additional judge to the Australian Industrial Court to overcome the fact that Mr Justice Woodward will not be available to that court and, not unnaturally, each Bill has raised its own particular questions. [More…]
I think that one of the fortunate results of this debate has been the universal applause which has been given to the intention to appoint Mr Justice Woodward as the Director-General of ASIO. [More…]
Mr Justice Woodward was, of course, nominated by the outgoing Government and his appointment was supported by the then Opposition. [More…]
I am happy to see that Mr Justice Woodward still receives the support of the new Opposition. [More…]
I do not want to be unduly provocative, but we should not underestimate the task that Mr Justice Woodward has ahead of him. [More…]
The Opposition has confidence in Mr Justice Woodward. [More…]
The explanation is that the President of the Trade Practices Tribunal- that is a position which Mr Justice Woodward has occupied- is similarly remunerated in a provision in the trade practices legislation. [More…]
Section 33 of the Trade Practices Act states that the President shall, if he is not the Chief Justice of the Court, the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, be paid additional remuneration at the rate of $2,200 per annum and an additional annual allowance at the rate of $500 per annum. [More…]
Senator Harradine also suggested, and he was supported by Senator Wright, that the judges of the Industrial Court could well perform the tasks which Mr Justice Woodward is now vacating. [More…]
Mr Justice Spicer since 1972 has spent 7 days as a Court of Marine Inquiry into the Bass Trader, 4 days as a Court of Marine Inquiry into the Joseph Banks, 8 days into the Straitsman, 20 days into the Lake Illawarra and 10 days, of course, on the airlines agreement inquiry. [More…]
Mr Justice Dunphy spent approximately 39 days on the inquiry into the Blythe Star. [More…]
Mr Justice Nimmo after he returned from Fiji, spent the months from September 1974 until January 1975 on an inquiry into the subdivision of freehold land in the Darwin area. [More…]
Mr Justice Woodward sat for 2 1 days on the Trade Practices Tribunal in 1975 and for a period of time presided over the Aboriginal Land Rights Commission. [More…]
Mr Justice Franki has been Chairman of the Design Law Review Committee during the period 1970 to 1973. [More…]
Mr Justice Sweeney had 3 1 days as a Committee of Inquiry- I think on the Moore v Doyle mattersand also had some 93 days as the Royal Commission into Alleged Payments to Maritime Unions. [More…]
In other courts Mr Justice Dunphy has sat 14 days in the past 2 years in the territorial courts. [More…]
Mr Justice Joske has sat 43 days in the territorial courts. [More…]
Mr Justice Woodward has sat some 66 days in the territorial courts. [More…]
Mr Justice Franki has sat some 65 days in those courts and Mr Justice Evatt 10 days. [More…]
I acknowledge some validity in so much of what Senator Harradine has said, but the basic concern which the Government had in introducing this amendment to the conciliation and arbitration legislation was to ensure that there was a judge of experience, of competence and of adequate background, to take on the task of presidency of the Trade Practices Tribunal, which was the particular work upon which Mr Justice Woodward has been concentrating. [More…]
The Director-General to be appointed, Mr Justice Woodward, is currently the President of the Trade Practices Tribunal. [More…]
As I have spoken of the court in a collective sense in some of my earlier remarks I desire to say that to the extent to which the Australian Industrial Court still enjoys the confidence of the trade union movement is in no small measure due to the integrity and application of such jurists as the Chief Judge, Mr Justice Spicer. [More…]
Mr Justice Dunphy, Mr Justice Smithers. [More…]
Mr Justice Franki, Mr Justice Nimmo and Mr Justice Woodward, who of course is what this Bill is all about. [More…]
As a result of discussions that successive governments have had with Mr Justice Woodward, the Bill contains the provisions which are currently under debate to cover both aspects to which I have referred. [More…]
At the moment Mr Justice Woodward is in .receipt of a salary of $36,000 per annum, which is made up of a basic salary of $35,000, which every judge of the Industrial Court receives, and the sum of $ 1 ,000, which is payable to him in his capacity as President of the Trade Practices Tribunal. [More…]
If Mr Justice Woodward were the only person concerned, I could imagine that this would be a feasible way of approaching the matter. [More…]
We are dealing with Mr Justice Woodward because he knows who the appointee is to be. [More…]
Obviously, when Mr Justice Woodward joins the Australian Security Intelligence Organisation the Government will raid the Industrial Court to find a replacement President of the Trade Practices Tribunal. [More…]
The point I am making is that Mr Justice Woodward at present is not doing work for the Australian Industrial Court. [More…]
What the Government is concerned about, of course, is a replacement for Mr Justice Woodward as President of the Trade Practices [More…]
The obvious fact is that Mr Justice Woodward is the President of the Trade Practices Tribunal and a member of the Industrial Court, and while he is head of the Australian Security Intelligence Organisation he cannot perform those functions. [More…]
Those of us who have regard for the environment were encouraged by the assurance given in the other place that mining would not proceed until after Mr Justice Fox had completed his investigations. [More…]
I ask honourable senators to remember that this is the document which the Governor-General handed to the Prime Minister at that time on 1 1 November- for my own part, what I must do if Mr Whitlam persisted in his stated intentions I consulted the Chief Justice of Australia, Sir Garfield Barwick. [More…]
Yes and let us examine the processes because any inattention to that does less than justice to the parliamentary institution which we uphold. [More…]
I have now written to the Chairman of the Tribunal, Mr Justice W. B. Campbell, formally requesting him to make determinations on certain entitlements for members of the Parliament. [More…]
In the light of the law advisers’ advice to which I have referred, the Governor-General sought the advice of the Chief Justice. [More…]
In 1914 the Chief Justice had been consulted by the GovernorGeneral of the day on the question of dissolution. [More…]
Preserving the proper responsibilities of the office, what better and what more reliable advice could the Governor-General seek and get than from the Chief Justice? [More…]
The Chief Justice made a statement, part of which I seek to incorporate in Hansard. [More…]
In our conversations I indicated that I considered myself, as Chief Justice of Australia, free, on your Excellency’s request, to offer you legal advice as to Your Excellency’s constitutional rights and duties in relation to an existing situation which, of its nature, was unlikely to come before the court. [More…]
-The Chief Justice, to summarise the position, made it quite clear that in a federal constitution the refusal of this chamber to join in the grant of appropriation could not be ignored and the Executive could not legally carry on government without parliamentary appropriation. [More…]
He acted without consulting his own law officers but after secret consultation with the Chief Justice of the High Court, who may well have to adjudicate at some future time on the validity of his actions. [More…]
The Governor-General was advised by the Chief Justice on this point as follows: ‘First, the Senate has constitutional power to refuse to pass a money Bill: it has power to refuse supply to the Government of the day. [More…]
The Governor-General acted ‘after secret consultation with the Chief Justice . [More…]
In fact the Chief Justice prefaced his advice to the Governor-General with the opinion that the situation ‘of its nature ‘ was unlikely to come before the Court. [More…]
They now say that it is wonderful that they are introducing the legislation to give public servants some justice. [More…]
Will the Attorney-General correct a miscarriage of justice, if it has occurred; and, if so, how? [More…]
I think all honourable senators would acknowledge that, where charges are laid, persons are brought before the courts and the processes of the courts result in those persons not being committed for trial, or their being acquitted, we should applaud our system of justice and recognise in those circumstances that justice has been done. [More…]
Senator Scott said that we did not do justice to country people. [More…]
I think justice to nearly half our population should be an overriding consideration. [More…]
I, as have other honourable senators on this side of the Parliament and your own colleagues, have every confidence in your ability to discharge the high office with great dignity, fairness and justice to all concerned. [More…]
-I draw the attention of the Minister for Environment, Housing and Community Development to the remarks of Mr Justice Fox when he adjourned the Ranger uranium impact inquiry. [More…]
-Mr Justice Fox, who is conducting the inquiry into the exploiting of the Ranger uranium deposits, adjourned his inquiry last week. [More…]
Even before this book was launched one of the alleged facts contained in it was denied by the Chief Justice and Lieutenant Governor of New South Wales. [More…]
Have you, Mr President, seen reports of a book written by Mr Lloyd and Mr Clark entitled Kerr’s King Hit which contains allegations that the Governor-General approached and obtained advice from the Chief Justice of the New South [More…]
Wales Supreme Court, and reports of a categorical denial of such allegations by the Chief Justice, Sir Laurence Street? [More…]
It asked how the police could obtain confessions from Aboriginal people under our system of justice when in fact those Aborigines could not make the confessions despite the fact that they had signed them. [More…]
I asked myself: How is the system of justice working when this can happen? [More…]
I would hope that he would have the intestinal fortitude to say them outside the parliament or in some place where I could act in the way that Aborigines acted and meted out justice prior to 1 788. [More…]
That refers to the struggle of Aborigines for justice. [More…]
I cannot answer the honourable senator’s question as to whether the Minister of Justice of Papua New Guinea is a permanent member of the Standing Committee of Attorneys-General. [More…]
I am unable to say what precise position is held by the Attorney-General or Minister of Justice of neighbouring countries. [More…]
If that is an example of the organisation that is going on it is not hard to believe that the Government has set out on a concerted effort to deprive the people of their rights, of the grants to which they are entitled and of the ordinary justice that all of us in this community expect and accept. [More…]
This recommendation to go through the Northern Land Council to the Prime Minister that the Aboriginal Law and order must not change, our scale of system to remain; what Mr Whitlam and Mr Justice Woodward gave us during the term of the Labor Government. [More…]
We the members of the National Congress of the Aboriginal people and the Torres Strait Islanders, assembled at Canberra, Australia this 10th day of March 1 976, do hereby, as the democratically elected representatives of our people, solemnly and unanimously resolve that we claim for our people the following inalienable rights:- the right to natural justice, the right to self determination as a separate and distinct people, with our own laws and customs, languages culture and heritage, living in our ancient home-land and with the right to a full voice in and influence on our own affairs, the right to be free from the racial oppression and discrimination imposed upon us by the uninvited European people who have invaded our country and imposed their own laws and way of life upon us, the right to preserve in perpetuity for our people the surviving tribal lands reserves and sacred sites in all Australian states and territories, the right to fair and just compensation to our scattered tribes, our detribalised and urban people, for the lands seized from our forefathers, and for the inhuman and violent treatment of our people. [More…]
We the members of the National Congress of the Aboriginal people and the Torres Strait Islanders, assembled at Canberra, Australia this 10th day of March 1976, do hereby, as the democratically elected representatives of our people, solemnly and unanimously resolve that we claim for our people the following inalienable rights: the right to natural justice, the right to self determination as a separate and distinct people, with our own laws and customs, languages culture and heritage, living in our ancient home-land and with the right to a full voice in and influence on our own affairs, the right to be free from the racial oppression and discrimination imposed upon us by the uninvited European people who have invaded our country and imposed their own laws and way of life upon us, the right to preserve in perpetuity for our people the surviving tribal lands reserves and sacred sites in all Australian states and territories, the right to fair and just compensation to our scattered tribes, our detribalised and urban people, for the lands seized from our forefathers, and for the inhuman and violent treatment of our people. [More…]
And we further unanimously resolve: to place our claims before the United Nations and to appeal to all the peoples of the world who believe in freedom and justice for moral and financial support in the fight for our peoples ‘ rights, to call upon the Australian Aboriginal people and the Torres Strait Islanders to unite behind their Congress, and, as never before to fight as one to secure and preserve our ancient heritage, and we announce our resolve, with the support of our people, to build up the strength of the Congress, to conduct the next congress elections in September 1976, and to ensure that the claims of our people for a free and better way of life are pursued vigorously and without fear. [More…]
Have not they the right to state their case in the courts of justice for themselves? [More…]
Is it a system of British justice to charge an organisation or an individual loosely without any information? [More…]
There is no question, as I understand it, that there is an allegation, which to the initial reviewers appeared to be the prominent allegation in the book, that the Governor-General had sought advice from the Chief Justice of New South Wales and that that advice was contrary to the action which the Governor-General took. [More…]
The Chief Justice of New South Wales has emphatically denied that he ever gave advice of any description to the Governor-General. [More…]
I ask the Minister representing the Attorney-General whether he has noticed Professor Sawer’s scholarly contribution to this discussion in these terms, referring to the denial by Mr Justice Street, the Chief Justice of New South Wales - [More…]
He refers to the most publicised falsity in that book, namely, that the Governor-General consulted the Chief Justice of New South Wales. [More…]
The Chief Justice of New South Wales, Sir Laurence Street, has emphatically and without equivocation denied - [More…]
In relation to the denial of the Chief Justice that he gave any advice directly or indirectly, this is the comment of the pseudo-learned professor: [More…]
He refers to the denial by the Chief Justice in these terms: [More…]
My question is: Will the Minister representing the Attorney-General, noting the slur that the dubiety of the professor’s statement casts upon the Chief Justice of New South Wales, take every step to ensure that the professor is put in the ranks of propagandists and not in any category of learned professors dealing with a subject matter on the basis of scholarship? [More…]
Regrettably when books which are widely publicised, and which undoubtedly will have an extensive reading public, contain statements which are of the importance of those attributed to the Chief Justice of New South Wales and which prove to be demonstrably false, then the value of that book and all that is written in it must be questioned. [More…]
Justice is no longer available to him. [More…]
I refer to an article in today’s Australian headed Bribes Probe Pacts Signed’ wherein it is stated that the United States Department of Justice had on Monday signed agreements of mutual cooperation with Italy and the Netherlands in the investigations of alleged Lockheed Aircraft Corporation bribes. [More…]
I ask the Leader of the Government in the Senate: In view of evidence given before a United States Senate committee by the chief executive officer of the Lockheed Aircraft Corporation that some moneys were paid to Australians, is Australia one of the other countries entering into agreement with the United States Department of Justice to assist that Department in its investigations into alleged Lockheed bribes of public officials in trying to sell its planes abroad? [More…]
I ask: Will the Attorney-General ask the Chief Justice of Australia to list this matter for hearing at the earliest possible moment? [More…]
Also, will the Attorney-General ask the Chief Justice to have the application heard by the Full High Court in view of the practice of the present Chief Justice sitting alone, deciding matters referred to the High Court sitting as a Court of Disputed Returns? [More…]
Where is there someone in the Australian Labor Party today who is prepared to stand up and say that that is a travesty of justice and a denial of the rights of ordinary union members? [More…]
Where are people in the Labor Party who are prepared to come out and raise one solitary voice in favour of truth and justice in the defence of one man and do something to preserve the integrity of the Party? [More…]
I suppose he is an inconsequential unionist to the members of the Australian Labor Party, a man who is expendable, who can lose his job in the union, who can be suspended in denial of the rule of natural justice and who can be denied the opportunity of pursuing his employment because he cannot secure membership of his union and therefore cannot get a job. [More…]
-As I understand it, the Postal and Telecommunications commissions have a responsibility to function both as independent statutory bodies and in a profitable way, but there is an overriding consideration and that is that the government of the day has the power and the responsibility to intervene where policies may be necessary to provide equity and some form of social justice. [More…]
The Federal Government is very concerned about this matter, as is Mr Justice Moore who quite recently made some comments about the whole position. [More…]
What I might do is give to the honourable senator and any of his colleagues on both sides of the Senate who are concerned about the matter, copies of the comments made by Mr Justice Moore. [More…]
I suggest to the honourable senator that he should read the judgment of the learned Chief Justice on that matter. [More…]
He will see that the Chief Justice, drawing on historical precedent, gave an interpretation to that section of the Constitution. [More…]
One is the disqualification provision of section 44 of the Constitution which has been judicially interpreted by the Chief Justice of the High Court. [More…]
The matter was properly considered and the Chief Justice of the High Court brought down a decision. [More…]
I have never heard anyone suggest, even in the softest tone, that an appeal on the question of law ought to be made to the Full Bench against the decision of the Chief Justice. [More…]
Where is the justice in continuing to expend millions of dollars on the superphosphate bounty during the next 15 months or 16 months when the Government has saved $29m by deferring pension increases, when it has cut funeral benefits for pensioners, when it has taken away the payment of $2 a day for private hospital patients, when it has adopted a more stringent work test for unemployment benefit and when it has taken a variety of other measures to save money? [More…]
I refer the honourable senator to my address of 4 March last (Hansard pages 430-43 1 ) in which I stated that I had written to the Chairman of the Remuneration Tribunal, Mr Justice W. B. Campbell, formally requesting him to make, inter alia, determinations on the provision of travel within Australia for Senators and Members on parliamentary and electorate business. [More…]
Would it be possible for the Government to investigate a proposal that at least a core of drivers be placed on a permanent basis of employment as a matter of simple industrial justice? [More…]
The Government now has before it for consideration the report of the independent inquiry into the repatriation system by Mr Justice Toose. [More…]
Like the Nauruan people, the Christmas Island workers will receive some justice. [More…]
If we are to press the question and if we are to give wage justice to these people, then the price of superphosphate most certainly will rise. [More…]
We feel that in all justice to the taxpayers, they ought to be in a position to ascertain at their will if they wish the names of the people in receipt of the bounty. [More…]
I think it is a travesty of justice that the last motion was dealt with as it was, thus depriving honourable senators of the opportunity to express their views in the Committee stage. [More…]
I remind the Senate that our view of any society, whether it be Indonesia, Chile or the Union of Soviet Socialist Republics, is based to some extent on the impartiality of its justice and of its legal system and by the liberality of its laws and practice. [More…]
-Has the Minister for Social Security knowledge of the remarks made on Monday last by Mr Justice Staples in the Industrial Court in granting an application of wool brokers to stand down without pay some 83 people employed in the wool stores in Sydney and Newcastle? [More…]
I did see the statement by Mr Justice Staples. [More…]
It is a great pity that the employers forced them to this method of trying to get wage justice. [More…]
We believe that only by insisting on an amendment to index these benefits can we guarantee that the Government will do justice to the pensioners in view of the already abysmal record of this Government and the abysmal record of the previous Liberal-Country Party Government in the social welfare field. [More…]
I ask the Minister and the Government: Where is the justice and the equity in this? [More…]
Where justice is delayed then justice is denied. [More…]
I believe the only thing that needs to be said is that justice delayed is justice denied. [More…]
The Interim Land Commissioner, Mr Justice Ward, has completed his investigation into the Aboriginal land claim at Victoria River Downs. [More…]
I shall commence with what I consider the discriminatory attitude of the New South Wales AttorneyGeneral and Minister for Justice, the Honourable Mr Maddison. [More…]
I shall deal with the peculiar attitude of the New South Wales Department of Justice in relation to a combination of State Opposition Legislative Councillors and Australian senators who have made representations to this Minister. [More…]
I deal with a very mundane subject and that is the appointment of justices of the peace. [More…]
As a result a lot of these people seek appointments as justices of the peace. [More…]
This was due to the fact that in New South Wales there is a 6, 7 and 8-month wait before people get to the rather obscure position of being a justice of the peace. [More…]
I say without any inhibitions whatsoever that I believe that the Minister for Justice in New South Wales, Mr Maddison, has a deliberate phobia about people applying to be justices of the peace who have 2 strikes against them. [More…]
I would not have raised this matter without extending to the Minister the courtesy of asking him to look at the backlog of applications by people who wish to become justices of the peace. [More…]
He, too, is fed up to the teeth with the way in which Mr Maddison deals with applications by people who wish to become justices of the peace. [More…]
If an officer of the Commonwealth Scientific and Industrial Research Organisation has been waiting for more than 6 months for appointment as a justice of the peace, he could think that an adverse report has been submitted by the Australian Security Intelligence Organisation. [More…]
It was 2 months later that I was told blandly that justice had been done. [More…]
I know that the situation was assisted by eminent jurists such as Mr Justice Moore and Mr Justice Robinson. [More…]
Any honourable senator who has read La Fiamma and other ethnic papers will know that there has been a genuine complaint that people with nonAnglo Saxon names must wait longer than anyone else to be appointed as Justices of the Peace. [More…]
I cannot remain silent when people ring me to ask: ‘How long have I to wait before I am made a Justice of the Peace?’ [More…]
I do not think it does anyone justice to carry on this dead issue that has been trumped up again. [More…]
Let us look at the justice of the whole question. [More…]
In the interests of justice, he cannot be found to give evidence. [More…]
That would be common justice. [More…]
As I said on that occasion, I thought it was a travesty of justice that a document which had been tabled in the Parliament containing names which had been legitimately acquired under section 14 of the Phosphate Fertilizers Bounty Act could not be read. [More…]
However, it seems clear now that the community at large will no longer tolerate this kind of injustice to pensioners. [More…]
The outcry from all sections of the community about this piece of legislation was so great that some honourable senators opposite saw the justice of the pensioners’ case, had the social conscience to act and voted against their Government’s legislation. [More…]
I hope that the Prime Minister, Mr Fraser, and his Government will acknowledge the justice of the pensioners cause when the pensioners come to the Parliament tomorrow to present their case to him and to other members of the Government. [More…]
I hope that members of the Government will be chastened by their experience over the funeral benefits, that they will seriously consider the justice of the pensioners claim and that they will drop any other plans they may have to make reductions in the deficit by depriving the pensioners of basic benefits. [More…]
I would be doing less than justice to the previous Prime Minister, Mr Whitlam, if I did not direct the attention of the Senate to the anticipatory situation which was revealed when he went to Jakarta and had a discussion with President Suharto. [More…]
In regard to the last 2 questions, I am not in a position to confirm what action has been taken by the Government nor am I aware of the reasons- assuming the truth of the public reports- why the Church Committee and the Justice Department would have declined to make the names available. [More…]
Senator Button demonstrated this by saying: ‘We brought social justice to the independent schools’. [More…]
It took a government of our faith to break through the prejudice which the Australian Labor Party had created, and bring about social justice. [More…]
I believe that we should do justice to those people who are entitled to some refund. [More…]
However, it is important- I am sure I am referring to those people to whom Senator Maunsell alluded when he spoke- that these people get some additional benefits so that justice will not only be done but also it will be seen to be done. [More…]
They would feel that justice had been done to them for the years of service they gave and because they were the people in the early stages of the scheme who actually carried it along. [More…]
As the Chairman of the Grants Commission, His Honour Mr Justice Else-Mitchell, said at a local government conference in Sydney last Saturday: [More…]
-I ask the Leader of the Government in the Senate whether he has seen reports that an Aborigine convicted in the South Australian Supreme Court for killing a woman has been handed back to his tribe for tribal law and justice to be applied for his misdeed. [More…]
I must say that I was somewhat intrigued by Mr Justice Wells’s decision but I assume that he had full power under the laws of South Australia to take such action. [More…]
Indeed, peace is trade union business, but it must be peace with justice. [More…]
Will she assure the Senate that every endeavour is being made to bring to justice any doctor who obtains an illegal private gain at the expense of the community and the reputation of the medical profession? [More…]
I have no information from the Minister for Health with regard to the number of doctors who have been investigated or those who he claims should be brought to justice for illegal practices under the Medibank program. [More…]
I remind honourable senators that Mr Justice Else-Mitchell, now chairman of the Commonwealth Grants Commission, when sitting as a royal commissioner on local government in New South Wales made a recommendation in relation to local government which was adverted to by the Opposition today. [More…]
However, the Opposition failed to mention that Mr Justice Else-Mitchell recommended that the true and proper way of establishing equity in financing local government, including equalisation, was to establish a State grants commission and it was upon his recommendation that the New South Wales Government set up a State grants commission in which the equalisation principle has been enshrined. [More…]
While we admit that there may be many flaws in the process of the Grants Commission, the fact is, as Mr Justice Else-Mitchell has indicated, that evolution is taking place, that experience is being gained and progress is being made in the regional concept. [More…]
This was presided over by Mr Justice Else-Mitchell, the Chairman of the Grants Commission. [More…]
Discussing the so-called new federalism policy which really seems to be the old federalism policy of 1900 vintage, Mr Justice Else-Mitchell said: [More…]
In view of the discussions in Estimates Committee B on Tuesday of this week when Senator Carrick indicated a timetable for the final decision by Mr Justice Fox regarding uranium extraction, will either Senator Carrick or Senator Withers take up with the Minister for Employment and Industrial Relations, Mr Street, a comparison between the position of trade unions and conservationists marking time until this historic decision is made and the action of Mary Kathleen Mines in tooling up in anticipation of a favourable decision? [More…]
I would respectfully suggest that if everybody else is waiting for Mr Justice Fox to make his decision, and that will be delivered in accordance with the timetable that Senator [More…]
The advice that I have is that Mr Justice Fox will finish taking evidence in August and would hope shortly afterwards to complete the inquiry. [More…]
(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 to be continued until 31 December 1976; the ASIA 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, to continue until 31 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, e.g. [More…]
Under the Commonwealth Electoral Act the jurisdiction of the Court of Disputed Returns may be exercised by a single Justice or by a Full Court. [More…]
We will have in this country a system which is world recognised and in which there is a great deal of social justice. [More…]
1 remind the Senate that I testified before the inquiry into all aspects of security chaired by Mr Justice Hope and gave specific and documented evidence and suggestions to overcome certain Australian citizenship application injustices. [More…]
In view of the periodical reports that are coming out from Mr Justice Hope, according to the Press, can the Leader of the Government indicate whether this vexed question of a better appeal system on rejected citizenship applications has been finalised? [More…]
I recall asking the Minister in charge of excise at the time, Senator Murphy, now the honourable Justice Murphy, what precautions were taken by the then Government to ensure that brandy from overseas was essentially of the grape and in fact had been in the wood for 2 years. [More…]
Naturally, one would expect of Parties acting out of loyalty to their own class position- these Parties who say that there are no classes- that one of the first targets of their attack would be the Australian Legal Aid Service, which was established by a very great AttorneyGeneral in a Labor Government, Mr Justice Murphy. [More…]
There is one other, the Chief Justice, who was a member of the Liberal Party, and we have heard no aspersions cast on him by anybody including members of the Labor Party. [More…]
No doubt the emphasis on child endowment and the social justice which it brings is an excellent beginning to asking others to bear some cost which is needed to relate Australia’s economic costs to those of its trading partners. [More…]
Also that I have been a Justice of the Peace in Victoria and Tasmania for 1 6 years which I hope will be taken as a reasonable proof of integrity. [More…]
Yours faithfully, R. R. RICHEY Justice of the Peace. [More…]
I asked Senator Guilfoyle, as the Minister representing the Minister for Aboriginal Affairs, on 23 March whether anything could be done to give these people wage justice. [More…]
Given the necessity of sustaining a tuberculosis and brucellosis eradication campaign and the justice of the notion that the industry ought to contribute substantially, if not entirely, to the cost of that campaign, it has been argued- I think there is some rationality behind the argument- that it would be fairer to impose a levy on all cattle slaughtered rather than simply on that component of total slaughtering which is exported. [More…]
Our marketing system must be more efficient but, to do the marketers justice, 1 point out that it is very difficult to compete with our main competitors in New Zealand, South Africa and Argentina for those countries have just had devaluations and therefore can sell their fruit at a far more competitive price. [More…]
The report of the Taxation Review Committee under Mr Justice Asprey also saw advantage in a change of this kind. [More…]
However, I am sure that I cannot do justice to all the questions asked by Senator Kilgariff. [More…]
We realise the complexities when we read reports by people like the former illustrious member of this Parliament, Mr Norman Foster, who is now a member of the Legislative Council in South Australia or a subsequent report by Mr Justice Northrop. [More…]
Still vacillating and in its period of indecision, the Labor Government directed Mr Northrop, as he then was- now Mr Justice Northrop- to sample the various opinions as to what reconstruction of the organisation was required. [More…]
He had before him Mr Justice Northrop ‘s document which threw up this rather odd situation. [More…]
I believe that had this Senate been given the opportunity to debate the position statement on future arrangements for the stevedoring industry prepared by Mr Northrop, now Mr Justice Northrop, we would have been able to give to the Minister some indication of the line which he could follow in this most important matter. [More…]
This pious hope is doomed to failure and would bring hollow laughs from ex-Prime Minister Gorton, certainly from Mr Justice Nimmo, and cynical laughs, as we have heard, from members of the General Practitioners’ Society in Australia. [More…]
The Government’s proposed action in changing the amount and structure for family allowances is a forward step towards social justice in Australia. [More…]
The administration of the system of criminalband civil justice in so far as it affects the poor and other vulnerable groups such as migrants and children appearing in Children’s Courts. [More…]
There is need for a determined campaign by all Australians- and that means all parties and all senators who have some understanding of the problem- by all those who value liberty and freedom and the rights of people, to see that this grave miscarriage of justice is not ratified and that the incorporation does not take place. [More…]
If we have any conscience at all and if we want to rectify the grave miscarriage of justice that is taking place, then I suggest that, although this matter does not affect our national security but does affect the rights of others, the initiative rests with this Government. [More…]
I think that would be very unfair competition in a system which purports to give wage justice, if it is permitted to go on. [More…]
There is no confidence in approaching that Court seeking justice in an industrial situation not only because of political reasons- it has been a political court in the past-but also because of the calibre of the work done in that Court because it does not consist of specialists in this very difficult and important jurisdiction. [More…]
As long ago as 1953 the then Chief Justice of the High Court of Australia made the following observation in the railway case of that year. [More…]
At page 357, Mr Justice Joske said - [More…]
At page 357, Mr Justice Joske said: [More…]
Mr Justice Joske continued: [More…]
In the same hearing, Mr Justice Kerr as he then was- he is now our Governor-General- as reported at page 361 of the Federal Law Reports had this to say: [More…]
Honourable senators would find that the book The Mindful Militants deals with the wage structures from the 1920s to the years of the Second World War, the judgments of Mr Justice 0’Mara and all those sorts of things. [More…]
I sincerely hope that the new House of Assembly will use with justice the powers that are now being gradually transferred to it and that it will use these powers in the interests of the Northern Territory people. [More…]
Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. [More…]
Where there is no publicity there is no justice.’ [More…]
‘Publicity is the very soul of justice. [More…]
Civil liberty in this kingdom has two direct guarantees; the open administration of justice according to known laws truly interpreted, and fair constructions of evidence; and the right of Parliament, without let or interruption, to inquire into, and obtain redress of, public grievances. [More…]
But, whatever happens, I consider that this measure provides no more than justice to judges who have worked extremely hard and in very difficult circumstances since the time that this Bill was introduced. [More…]
That again was a matter of policy which was put into this Act with deliberate intent; namely, that we should not have, insofar as Mr Bentham is concerned, the sort of statement that where there is no publicity there is no justice. [More…]
Anyone who has had a long experience with family law and its operations over the years would know that where there is all this publicity there is no justice, there is no fairness, there is the scarifying of children and innocent persons because of newspapers and others- I do not need to name them- which over the years made a lot of money out of the embarrassment of people; and that was a very deliberate thing. [More…]
This means that there is a jagged edge in regard to the areas of custody and maintenance that needs to be smoothed in the interests of justice to all parties concerned. [More…]
We have to ensure that with the States justice is brought into all the areas I have mentioned. [More…]
The attitude of the Government is that it should not make final policy decisions on uranium development before the Report of the Ranger Uranium Environmental Inquiry, presently being conducted under Presiding Commissioner Mr Justice Fox, is received. [More…]
If the Prime Minister does obtain any relevant information, will he agree to personally forward it to a reputable international organisation, such as the International Court of Justice or the Secretary-General of the United Nations, for attention. [More…]
Among those present was the Minister of Justice for Papua New Guinea. [More…]
Will the Minister explain to the Senate, in any case, what the Minister of Justice of Papua New Guinea was doing at the meeting of the Standing Committee of Attorneys-General? [More…]
The Minister for Justice of Papua New Guinea attended the meeting of the Standing Committee of AttorneysGeneral on 5 March 1976 pursuant to an invitation extended to him by the Standing Committee and conveyed by mc on its behalf. [More…]
-On 26 May 1976 (Hansard, page 1925) Senator Mulvihill asked me, as Minister representing the Prime Minister, a question without notice concerning the reports of Mr Justice Hope’s Royal Commission on Intelligence and Security. [More…]
My attention has been drawn to comments made by Mr Justice Demack of the Family Court of Australia in The Courier Mail of 2 1 May 1 976 concerning the inadequacy of the temporary premises of the Court in Brisbane. [More…]
The first is that the report of the Ranger Uranium Environmental Inquiry by Mr Justice Fox has not yet been completed. [More…]
Does the Minister recall that, in answer to a question in the last session of this Parliament, I was promised information concerning the number of unions which had altered their rules in order to comply with the provisions of section 133a and section 140 ( 1 ) (d) of the Conciliation and Arbitration Act, as required by the 1974 amendments to that Act introduced on the recommendation of Mr Justice Sweeney by the then Minister for Labor and Immigration, the Hon. [More…]
provision to be made to issue local ordinances and establish better facilities for the administration of justice; [More…]
But whether he is an Australian citizen or not, he is sitting on a territory which is a sovereign territory of Australia and he is entitled to justice. [More…]
In this way at least the man who was entitled to justice of one sort or another could get access to technical and legal advice to enable him to protect himself against the action of the Government of the Commonwealth of Australia acting under the foreign power of section 5 1 of the Constitution. [More…]
It would need to acquire the land compulsorily because there is no other way it could administer justice to its citizens living on the estate. [More…]
If it is suggested that the ordinance that the former Government brought down was brought down not bearing in mind the principle of justice and equity- just and fair terms, to use the words of Government supporters- I refute that argument completely. [More…]
As I recall, a Press report of a statement by a Mr Terry Higgins of Canberra, who is one of the solicitors who issued the writ, stated that he had said that it had been issued on behalf of the Australian Labor Party; that it had been issued certainly not with any idea in mind of bringing about electoral justice but to save Labor Party seats in New South Wales and that the whole issuing of the writ was a blatant political stunt. [More…]
Any thought of a voucher which would be transferable, whether between government schools or between government and nongovernment schools, would be an exercise in theory, however much it might in principle be an exercise of social justice. [More…]
By subverting the course of justice, anyway. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
-I ask the Minister representing the Attorney-General: Is it a fact that although the Administrative Appeals Tribunal commenced work on 1 July 1976 under the presidency of Mr Justice Brennan, fewer than 150 inquiries have been received by the officers of the Tribunal and none of them falls within the jurisdiction of the Tribunal? [More…]
Does the Minister agree that sound evidence now exists for the extensive expansion of the jurisdiction of the Tribunal so that it may render substantial justice to the citizen in his battle against bureaucracy? [More…]
I remind the Senate further that the independent inquiry into the repatriation system presided over by Mr Justice Toose recommended that the Administrative Appeals Tribunal replace the existing appeals tribunals under the Repatriation Act. [More…]
It may be of interest to the Senate to know that I have referred to Mr Justice Kirby for inquiry the matter of personal relationships and intrusion into the privacy of persons where it does affect eligibility for benefits offered by my department. [More…]
I am hopeful that consideration of the matter by Mr Justice Kirby may resolve some of the allegations that are being made from time to time. [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…]
Conciliation and Arbitration Commission, Mr Justice Robinson, expressed when he was guest after-dinner speaker at the Annual Federal Council Meeting of the Australian Professional Engineers Association of Australia. [More…]
While it might be one thing to quote poetry from an elephant, poetic justice is another thing. [More…]
Cooktown is one of the few places in Queensland where court cases can be held with justices of the peace presiding, but there must always be 2 justices of the peace when cases are heard. [More…]
I am reliably informed that on this occasion there was one justice of the peace and the clerk of the court was on annual leave. [More…]
So one justice sitting alone got himself into considerable difficulty in trying to work out the sentences for the people accused. [More…]
We talk about rough bush justice, but these are the sorts of things that happen. [More…]
The person on the bench, incidentally, was a justice of the peace. [More…]
There was some confusion as someone else referred to the justice of the peace as a judge. [More…]
As I recall, a Press report of a statement by a Mr Terry Higgins of Canberra, who is one of the solicitors who issued the writ, stated that he had said that it had been issued on behalf of the Australian Labor Party; that it had been issued certainly not with any idea in mind of bringing about electoral justice but to save Labor Party seats in New South Wales and that the whole issuing of the writ was a blatant political stunt. [More…]
That I had stated it had been issued ‘certainly not with any idea in mind of bringing about electoral justice, but to save Labor Party seats in New South Wales’. [More…]
I ask the Leader of the Government in the Senate whether he has seen reports that an Aboriginal convicted in the South Australian Supreme Court for killing a woman has been handed back to his tribe for tribal law and justice to be applied for his misdeed. [More…]
On 14 May 1976 Mr Justice Wells sentenced Williams to two years’ imprisonment which was suspended upon his entering into a recognizance in the sum of $10 conditioned that Williams be of good behaviour for a term of two years and further [More…]
In that context I think it proper to say that the press reports of the case assume that the order made by Wells J. directed that Williams be returned to his tribe to receive tribal justice or punishment. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
I ask the Minister whether he had seen reports that an Aboriginal convicted in the South Australian Supreme Court for killing a woman had been handed back to his tribe for tribal law and justice to be applied for bis misdeed. [More…]
On 14 May 1976 Mr Justice Wells sentenced Williams to two years’ imprisonment which was suspended upon his entering into a recognizance in the sum of $10 conditioned that Williams be of good behaviour for a term of two years and further: [More…]
In that context I think it proper to say that the press reports of the case assume that the order made by Well J. directed that Williams be returned to his tribe to receive tribal justice or punishment. [More…]
I believe it is completely without justice. [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
-As I understand the Australian Law Reform Commission’s report on police powers, it was unanimous in some respects, but there was dissent, I think by Mr Justice Brennan, as he now is, from some aspects of the Commission’s findings. [More…]
It is a matter of simple justice that the Commonwealth Government accepts its obligations to them. [More…]
The Australian Conservation Foundation has produced a statement on what it believes, although I think it is trying to anticipate the decision of Mr Justice Fox. [More…]
I am horribly afraid that even if Mr Justice Fox comes out with a ruling which meets some of what the Australian Conservation Foundation desires, that decision will go by the board. [More…]
I seek permission to have incorporated in Hansard a document from Mr D. G. Hill, Senior Projects Officer of the Australian Conservation Foundation, together with the code which that organisation submitted to Mr Justice Fox. [More…]
This is a matter of justice which, I suppose, should have been done years ago. [More…]
This means that, at the very time when the surviving spouse is most worried, most affected and likely to be in danger, that spouse knows that justice will be done. [More…]
One should speak at length to do justice to such a subject. [More…]
If any charge has been laid against them I would not wish to commence any inquiry at this stage and interfere with the normal course of justice. [More…]
My question, which is directed to the Leader of the Government in the Senate, follows a question I asked of him on 3 1 March this year concerning pacts that had been signed by various countries and the United States Department of Justice in connection with the alleged Lockheed Aircraft Corporation bribes to which the Leader answered that he would seek the information for me. [More…]
The agreement is in similar terms to those entered into by the United States Department of Justice with law enforcement agencies of other countries. [More…]
The agreement is for mutual assistance in the administration of justice. [More…]
You have a policy of justice, but unfortunately a lot of your comrades in your Party do not have that sense of justice. [More…]
They cannot do the people justice.’ [More…]
Why can the States not do the people justice? [More…]
Your petitioners therefore humbly pray that the Federal Government will consider these facts in the light of justice toward a people who came as strangers to this land, and that appropriate action will be taken to remedy the present situation. [More…]
I ask: Is it a fact that, since the report of Mr Justice Toose was tabled in the Parliament on 19 February, all ex-service organisations have made submissions to the Minister, generally supporting the recommendations of the inquiry, which has been completed. [More…]
The article contained allegations by a former Australian Telecommunications Commission linesman who, incidentally, was a Justice of the Peace, that telephone subscribers were footing the bill for Australia-wide calls recorded on subscribers ‘ meters but made by Commission technicians with tapping devices. [More…]
In view of the conflict between the information provided in the Minister’s answer last week and the allegations made in the article by, I remind the Minister, a justice of the peace last May, I ask: What checks are or can be made on the improper use of private subscribers’ telephone lines and how can these subscribers be protected against a betrayal of a position of trust by such people? [More…]
What a malignant cancer on the much vaunted system of British justice’! [More…]
It would be fair to say that the Bill puts into legislative form the spirit of the Judges Rules as to the manner in which the interview should be carried out, and in fact follows closely the recommendations of the Law Reform Commission, chaired by Mr Justice Kirby, in relation to the investigation of offences as set out in Appendix B of that report. [More…]
A magistrate or justice of the peace; [More…]
This Bill, therefore, will expedite the administration of justice without favour to the defence or to the prosecution. [More…]
To dramatically illustrate this language difficulty, and other associated difficulties, encountered by my people and their dealings with the law, I intend drawing freely on pertinent passages of the judgment handed down by his honour Mr Justice Forster, in the Supreme Court of the Northern Territory of Australia, when dismissing the charges against the accused in the case which is reported as ‘Nos 58-61 of 1975 The Queen v. Angas Anunga, Sandy Ajax, Clancy Ajax, v. Tjingunya and also Nos 207 and 208 of 1975 The Queen v. Nan Wheeler and Frankie Miller Jagamala To simplify matters these cases are commonly referred to as, ‘The Paula Sweet Case’ and, in fact, some of the glaring injustices surrounding the investigation of this case, were the subject of a documentary on Australian Broadcasting Commission television in its program Four Corners, which I sincerely trust that honourable senators had the privilege, or should I more properly say, the dismay, of seeing. [More…]
With regard to the language difficulties, Mr Justice Forster, on pages 3 and 4 of his Reasons for Judgment, says: [More…]
What I say, and I am authorised to say that Mr Justice Muirhead and Mr Justice Ward agree, may be taken as an expression of the Court’s view, not only my own. [More…]
The honourable Mr Justice Forster and, as you see, with the concurrence of his brothers Muirhead and Ward, recognised a problem, and at least in the Northern Territory- one of the present ‘hot beds’ of Aborigine-police relationssaw that it was of such importance, that certain guidelines were laid down for police to observe when dealing with Aborigines. [More…]
In other words, Mr Justice Forster has gone as far as he can in his court and has locally dealt with the accepted conduct of police investigations of offences alleged to have been committed by Aborigines. [More…]
1 ) What specific instructions has the Minister, or the Secretary of the Department of Aboriginal Affairs, given to the Interim Aboriginal Land Commissioner, Mr Justice Ward, since 1 1 November 1975, relating to the nature and scope of Mr Justice Ward’s inquiries as Interim Aboriginal Land Commissioner. [More…]
In particular, will the Minister provide the full text of the written instruction to Mr Justice Ward, referred to in an article in National Review dated 6-12 August 1976, in relation to differentiation between claims based on need and claims based on tradition. [More…]
1 ) The only specific instruction given to the Interim Land Commissioner, Mr Justice Ward, since 1 1 November 1975 on the nature and scope of his inquiries was in a telegram of 27 July informing him that the Government believes it would be inappropriate for hearings on traditional claims such as those relating to the South Alligator River and Borroloola areas to proceed prior to the legislation being enacted. [More…]
As indicated, the only instruction to Mr Justice Ward is that referred to above which related to the suspension of hearings of traditional claims rather than to ‘differentiation between claims based on needs and claims based on tradition’. [More…]
My Department in June asked Mr Justice Ward to provide a list of claims received indicating the stage reached in hearings and whether the applications were based on traditional claim or on need, but no instructions were given as suggested in the article in the National Review of 6-12 August. [More…]
What is the full text of the instruction sent to the Interim Aboriginal Land Commissioner, Mr Justice Ward, advising him that hearings of claims by Aboriginals to traditional land in the Northern Territory have been suspended until the Federal Government’s land rights legislation has been passed. [More…]
If so, what requests were made by the Company/Companies concerned and, did the submissions made by the Company/Companies influence the decision to suspend further hearings by Mr Justice Ward less than one month before the date set by the Interim Commissioner for a hearing into claims by the Borroloola Aboriginal Community. [More…]
Has the Government’s decision to suspend the activities of the Interim Land Commissioner, Mr Justice Ward, placed in jeopardy some Aboriginal land claims that are also the subject of future negotiations with mining companies. [More…]
The Interim Land Commissioner will be receiving and registering traditional land claims to vacant Crown lands and, as recommended by Mr Justice Woodward, land will not be leased if it is subject to Aboriginal claims. [More…]
Has the Minister had any discussions, either formal or informal, or correspondence, with Mr Justice Ward regarding the latter’s possible removal or retirement from the position of Interim Aboriginal Land Commissioner. [More…]
Most of us are well aware that Mr Justice Toose took a long time to produce his report. [More…]
I am a little concerned that the only other recommendation of Mr Justice Toose which is mentioned in the statement made by the Minister for Repatriation (Senator Durack) is the possibility of the use of the American Medical Association’s Guides to the Evaluation of Permanent Impairment for the assessment of appropriate pension levels for each repatriation pensioner. [More…]
We believe that consideration should be given to Mr Justice Toose ‘s report and other people’s views on the whole repatriation system. [More…]
I quote the indictment at page 9 of the report of Mr Justice Nimmo, a very sound jurist who, by no stretch of the imagination, could be called a socialist. [More…]
Can anyone tell me that there is justice in that situation? [More…]
Under Medibank I will be taxed on my earnings and I will receive justice. [More…]
If we had justice in this country, and I suggest this to the Health Ministers, we would bring those people to the bar of the Senate and ask them to explain how they swindled people like me as they did. [More…]
It has been a crusade with me to get justice for the people. [More…]
I do not know where Mr Justice Nimmo is tonight but I pay tribute to him. [More…]
Does that view fit in with the view expressed in this chamber by former Senator Murphy, now Mr Justice Murphy, and the view expressed by Mr Whitlam before he became Prime Minister of Australia? [More…]
Senator Wood asked’ me whether that view is in accordance with other views expressed by notable Labor leaders, particularly Mr Justice Murphy, as he now is, and even the Leader of the Opposition, Mr Whitlam. [More…]
I think there are even higher authorities on this subject than Mr Justice Murphy or Mr Whitlam. [More…]
Chief Justice of Australia and one of the founders of the Constitution. [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…]
It is open to the Governor-General to obtain advice on the constitutional question from other quarters- perhaps from the Chief Justice, the Attorney-General or eminent counsel- and then a solemn responsibility rests on him to make a judgment on whether a dissolution is needed to serve the purpose of good Government … by giving to the electorate the duty of resolving a situation which Parliament cannot resolve for itself. [More…]
It was chaired by Mr Justice Nimmo. [More…]
Our arrangements have ensured that social justice will continue to be done. [More…]
It is not concerned just with questions of social justice. [More…]
The people in this community who believe in justice and equality before the law have an obligation to pay our share of it. [More…]
I should like to point out to the Senate- particularly in view of the remarks of Senator Harradine- that neither this Government nor any other government has operated the user pay principle in a strict sense to the running of courts and the administration of justice. [More…]
Other Boyer lecturers have included Justice Roma Mitchell, Professor Sir Keith Hancock, Dr H. C. Coombs and Sir Macfarlane Burnett. [More…]
There was the Chief Justice of the High Court, there were the Premiers of the States and there was this chamber which had to go to ultimate lengths not only in the interpretation of the Constitution but also in the prostitution of the conventions of this place. [More…]
For the information of honourable senators I present the text of an arrangement between the United States Department of Justice and the Australian AttorneyGeneral ‘s Department dated 13 September 1976 intituled ‘Procedures for mutual assistance in administration of justice in connection with the Lockheed Aircraft Corporation 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…]
Although the rate of progress towards economic justice has undoubtedly been very slow and there are very many poor people and very many underprivileged people in that country, progress has been made and that progress has been made within a democratic system. [More…]
It is with a heavy hean that I am writing this letter with the hope of obtaining justice at your hands. [More…]
I urge you in the name of all that is good in civilised conduct of human beings and their Governments, and in the name of justice to order a thorough judicial inquiry into this barbaric torture etc. [More…]
The learned Chief Justice, in his judgment on the qualification of a senator, did not adopt the narrow view of pecuniary interests that so many people think it is all about. [More…]
The Honourable Mr Justice Charles Augustin Sweeney- Victoria. [More…]
The Honourable Mr Justice Robert James Anning Franki- New South Wales. [More…]
It was a great policy of social justice, and Senator Gietzelt, a Labor supporter, is seemingly critical of that policy. [More…]
He was Associate to Sir Frank Kitto of the High Court and to the Chief Justice, Sir Owen Dixon. [More…]
As Mr Justice Else Mitchell has suggested, local government, because of its very nature and character, is the only arm of goverment that is able to improve the local environment. [More…]
I doubt whether any Government senators have had an opportunity to read the comments of Mr Justice Else Mitchell at the seminar on intergovernment relations. [More…]
Regrettably, since the Indonesians are not prepared to accept that they were in the area at the time, there appears to be no way in which justice can be sought and achieved for the families of these people. [More…]
The men were caught in a situation and apparently we cannot pin the blame where it belongs and seek justice for the families of these men. [More…]
Other victims of lasting concern to us all are truth, justice, integrity and humanity. [More…]
Because Australia did not respond, thousands of innocent people have become the victims of a travesty of justice, a grim example of man ‘s inhumanity to man. [More…]
Once the decision to investigate or inquire into such matters becomes subject to political influence, great possibilities of injustice appear. [More…]
On the other hand, a citizen who is harassed by the police may be denied justice because those who disagree with him have sufficient political influence to prevent an inquiry. [More…]
There is one type of justice for one set of people and another type of justice for others. [More…]
There is a British system of justice operating. [More…]
The Tribunal came into operation on 1 July under the presidency of Mr Justice Brennan. [More…]
The rule of law is fundamental to a free society and an assurance of justice without discrimination or partiality. [More…]
Commonwealth has done all that it can do to give effect to the recommendations of the committee of inquiry constituted by Mr Justice Sweeney to find solutions to the problems thrown up by that case. [More…]
I was bitterly disillusioned at the news, and incredulous that ‘justice’ could take such a form. [More…]
The withholding the warden’s recommendations from the court hearing may be quite legal, but I feel it effectively denies justice. [More…]
There is no justice whatsoever. [More…]
Why turn to putting words on paper when the community spirited people of this district have gone and begged for justice from the politicians of this State, sought and been rejected aid from the government departments of this State and turned to seek justice in the law courts of this State when the verdict of this court to this day, has never been released. [More…]
Why should the farmers go to the court for justice when Mr Gent said on a television interview after the leases had been granted, that Darra knew they would be granted when it came to drill two (2) years ago. [More…]
George Armstrong- dairy farmer; Justice of the Peace; Director of PCD; Vice President Mount Larcom Show Society; Representative Bracewell area- R ‘ton Milk Committee; Treasurer Gladstone Salvation Army Corps. [More…]
In the past 3 years we have had inquiries of various sorts and reports of various sorts from the Social Welfare Commission, from Professor Hancock on superannuation, from Mr Justice Woodhouse on compensation, and from the various voluntary agencies and others concerned in social welfare in this country. [More…]
It is a picture of unnecessary poverty and injustices which in most cases is defined on what Professor Henderson called an austere poverty line. [More…]
The report recognises that to preserve some justice in the situation some recognition of the position of capital gains on assets would have to be made. [More…]
I suggest that the Government, in doing so, has changed the anomalies and injustices which exist under the present means test for another set of anomalies and injustices. [More…]
We ask the Government to think of the future in terms of social justice, unhindered by preconceived conservative doctrine. [More…]
I would have expected that, in terms of common justice, we would hear the Labor Party express delight in welcoming this very major improvement for pensioners in Australia, this very major initiative which will mean that pension increases will occur automatically twice each year in line with rises in the consumer price index. [More…]
Mindful of the caution shown by Mr Justice Fox in his interim report about any uranium extraction in the Northern Territory, will the Minister for Environment, Housing and Community Development and the Minister for the Northern Territory exercise the power mentioned by Senator Carrick during Estimates Committee discussion to declare the boundaries of the Kakadu National Park before- I emphasise before’- any future uranium extraction is attempted in the Territory? [More…]
There are many dreadful effects of the racism that has been practised in the country ever since Europeans settled here, but perhaps among the worst were the injustices suffered by the Aboriginal community under our law. [More…]
Those figures in themselves indicate that in the past the Aboriginal community has not been receiving justice under the law and has not had access to proper legal advice. [More…]
Some of his remarks related to the actions of the Prime Minister when he set about destroying Mr Snedden and, when successful, his backdoor methods of collusion with the Governor-General and the Chief Justice to destroy the Whitlam Government. [More…]
We set out to carry out the policy on which we were elected in 1 972, and that was to bring justice to the needy people of this community. [More…]
The Government is not giving justice to the workers. [More…]
that many people in Australia are denied justice because of their lack of means; [More…]
Representations were made by Mr Reardon to the Western Australian Minister for Justice, who applied to the Commonwealth Attorney-General for extradition proceedings to be taken in Singapore to return Mr Reardon ‘s former wife, who is now Mrs Ritzell, and the child to Australia. [More…]
On 2 1 October the Attorney-General wrote to Mr Reardon a letter in which he referred to the fact that he had received a request from the Western Australian Minister for Justice regarding Mr Reardon ‘s former wife, Maureen Ann Ritzell, that she be surrendered from Singapore to Western Australia to face charges of disobeying a court order and child stealing. [More…]
I suggest that the authorities who have analysed the situation from a constitutional point of view, such as Professor O ‘Connell, Dr Forcey and Professor Richardson, citing such authorities as Mr Justice Dixon for the right of the Senate to reject Bills with a consequent dissolution of the Parliament, bring home to the people of Australia how useful it is in this democracy to have a mechanism in the Senate with the power to reject a money Bill such as this. [More…]
These decisions were well summarised by Mr Justice Menzies, when, in the course of his judgment in Capital TV and Appliances Pty Ltd v. Falconer, 124 Commonwealth Law Reports 591, he said at page 604: [More…]
He will recall that some time ago he told me, following my testimony before Mr Justice Hope who was looking at the restructuring of the Australian Security Intelligence Organisation, that he thought that reports were coming through to the Prime Minister (Mr Malcolm Fraser), that they could be released, and that probably they would indicate that we should have what they have in the United States. [More…]
I simply put it to Senator Withers that when he replies to Senator McLaren he might hint whether any of the reports of Mr Justice Hope are likely to be made public. [More…]
Sometimes they were even subjected to miscarriages of justice, and State law did not help them. [More…]
I do not know the facts of the case, but I recall meeting Mr Justice Sangster in South Australia at a social reception one day and he complained a lot about what we were doing in regard to Aboriginal legal aid. [More…]
In Mr Justice Sangster ‘s opinion on no account could one ever entertain such a plea; it was obvious that he was guilty. [More…]
In Mr Justice Sangster ‘s opinion he was guilty from the start and whatever may be the capabilities of the legal counsel that he had, they could not get a verdict other than guilty. [More…]
We are responsible representatives commanding the Treasury of the country by rejection or request in respect of legislation if need be and seeing to it that those who are required to pay taxes get public justice. [More…]
So therefore it is a matter of national honour and integrity, of moral and Christian duty, and of international justice and humanity, to publicly and constitutionally acknowledge these basic human rights of the peoples of the Captive Nations, and this is in course of being demonstrated by free peoples and their governments throughout the world being now called upon to treat the whole of 1977 as being ‘International Captive Nations Year’. [More…]
Firstly, I ask him in his capacity as Minister for Administrative Services and therefore responsible for the servicing of the needs of royal commissions whether it is the intention of the Government to release the report or reports of the Royal Commission into the Security and Intelligence Services conducted by Mr Justice Hope. [More…]
-As to the first question, it will be a matter for decision by the Prime Minister whether the report of Mr Justice Hope ought to be released. [More…]
On a previous occasion the Minister stated that the matter would await the second report of Mr Justice Fox. [More…]
I now put it to the Minister In the light of the report that Mr Justice Fox conferred with the Prime Minister yesterday, does he still stand by the assurance that the Minister for the Northern Territory and the Minister for Environment, Housing and Community Development, will alone define the boundaries of that park? [More…]
I am unaware of the nature of the conversation between Mr Justice Fox and the Prime Minister yesterday. [More…]
The Senate may recall that following problems which developed in the case of Moore v. Doyle Mr Justice Sweeney was appointed as a committee of inquiry into industrial organisations. [More…]
A hard and fast rule will not bring about justice to everyone. [More…]
Black bans were put on the Australian Medical Association in Wollongong to obtain justice against authoritarian medicos. [More…]
The figures I have quoted show what a dastardly act this is and how it will pervert justice. [More…]
The Government and Senator Harradine had the support of affidavits which had been sworn before a justice of the peace. [More…]
They appeared before Mr Justice Joske, Mr Justice Nimmo and Mr Justice Sweeney. [More…]
Mr Justice Joske had this to say. [More…]
Mr Justice Joske let Shanahan off with a fine. [More…]
I am sorry we have to denigrate Mr Justice Spicer on this occasion by saying that he is not up to the standard that we have become accustomed to. [More…]
He is the Chief Justice. [More…]
If the Chief Justice is remiss in his judgment again we are suffering because we do not have in the courts the Harradines and the Walters, so we have to put up with the next best like Chief Justice Spicer. [More…]
Mr Justice Spicer said: [More…]
The decision of the federal executive has been attacked upon the ground that there was a failure to conform to the principles of natural justice - [More…]
The complaint was that there was a failure to conform to the principles of natural justice- [More…]
I find that the union resorted to conduct which was designed to ensure that the claimant had every opportunity to take advantage of the rules of natural justice. [More…]
In those circumstances, I can find no ground whatever for reaching a conclusion that there was any departure by this Union in this case from conformity to the principles of natural justice. [More…]
Chief Justice Spicer, Justice Smithers and Justice Evatt heard the case and found there was no denial of natural justice. [More…]
I was interested in his reference to Mr Justice Feathers, when he was talking about the Federal body of the Miscellaneous Workers Union. [More…]
The debate has had its more hilarious moments, such as during the rather conversational address by Senator Cavanagh who referred to Senator Mr Justice Feathers. [More…]
I think that is basically a denial of natural justice. [More…]
A Bill was introduced in 1 968 by Mr Justice Bowen when he was AttorneyGeneral, but was not subsequently proceeded with. [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…]
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 three 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…]
Tasmania has indicated that it feels that the figures may not be doing it full justice. [More…]
Before I elaborate on that aspect, I turn to a consideration of the massive report that was presented by Mr Justice Hope. [More…]
Those who have met Mr Justice Hope in other fields would have no doubt that his was the ideal appointment. [More…]
I am not trying to anticipate the Justice Fox findings, but Senator Carrick pointed out that the Minister for Environment, Housing and Community Development (Mr Newman) and the Minister for the Northern Territory (Mr Adermann) could make a decision in relation to the dimensions of this national park. [More…]
I point out to the Senate that the sentence of Bishop Lamont to 10 years’ gaol was a travesty of justice. [More…]
I think it is perhaps unfair to select one area of the four and to say that the Minister has not done that justice. [More…]
The fact that the present Government is continuing at about that increased level of expenditure- there have been cuts in some areas and there have been increases in some areas, but there has been no attempt as yet and I hope there will be no attempt in the future to drop the level of expenditure on education back to the percentage of the gross domestic product which applied before 1972-1 believe is further evidence of the justice and the need for the policies that were introduced by Mr Beazley and by the Labor Government. [More…]
It would give some semblance of justice to the people who are paid under this legislation. [More…]
We believe that there are justice and logic in the amendment. [More…]
We believe that it is disgraceful that the injured in this country, on the one hand, are not receiving justice and just compensation for theninjuries and that the employers, particularly the small employers, are having to pay out large premiums because of the compensation system based on antiquated ideas and the antiquated method used in establishing people’s rights to compensation. [More…]
The adversary principle which exists, the necessity for proving negligence in many cases, and the complicated legal procedures mitigate against justice and the appearance of justice in these cases. [More…]
As a result, great injustice has been caused. [More…]
Later we Will be moving an amendment to give some measure of justice to people who are looked after by this legislation. [More…]
The amendment is inadequate to give full justice, but the increased payments to these people have been delayed. [More…]
These people have not been given justice in this legislation and they should be given justice because the cost of living has increased just as much for widows as it has for children, as it has for the dependants of people who unfortunately died or, indirectly, as it has for funeral directors. [More…]
The reason these increases are 25 per cent instead of 40 per cent which applies in the rest of the Bill, I do not believe, can be found in any argument based on logic or justice but can be found, I believe, when we look at the economic obsession of the present Government and at State legislation in this field. [More…]
This principle may be in the true conservative tradition, but it hardly gives justice to those who are injured. [More…]
It does not give justice to widows or to the wives of the injured. [More…]
I believe it is wrong that the national Parliament should be constrained from giving justice to people under this legislation by reason of the fact that some States have inadequate legislation, that some States are less generous than others and we must not rock the boat or people in those States will demand justice at the level that is received in the Commonwealth. [More…]
When the Australian Labor Party was in Government we appointed a committee of inquiry under the chairmanship of a very distinguished jurist and world respected authority on compensation law, Sir Owen Woodhouse, a Justice of the New Zealand Court of Appeals. [More…]
With him, taking part in the inquiry, was Mr Justice Meares, a very distinguished judge from the Supreme Court of New South Wales. [More…]
When the inquiry under Mr Justice Woodhouse was being held one of the most able, intelligent and wellinformed leaders of the insurance industry in Australia, Mr Pettigrew, the Managaing Director of Sun Alliance Insurance Ltd, pointed out to the inquiry, as he has pointed out subsequently, that the burdens which were being imposed on insurers for workers compensation insurance and motor vehicle third party insurance were so great that we were entering into the beginnings of a national calamity. [More…]
It ought to be remembered that the report of Mr Justice Woodhouse and Mr Justice Meares was not only a report on compensation but it was a report on rehabilitation and compensation. [More…]
Our approach was the approach of Mr Justice Woodhouse and Mr Justice Meares, that there were 3 areas which had to be dealt with in this field. [More…]
In my opening remarks I paid tribute to the vision of Mr Justice Hope. [More…]
I think the legislation fairly faithfully records Mr Justice Hope ‘s desires. [More…]
So I commend Mr Justice Hope. [More…]
In common with the Labor Party, I pay tribute to the report of Mr Justice Hope. [More…]
By way of preface I refer to the reports that Mr Justice Fox and his colleagues have written to the Minister urging extreme caution on the interpretation of their first report. [More…]
This intention was given support by Mr Justice Woodward in the first report of the Aboriginal Land Right Commission in 1973. [More…]
Mr President, yesterday in the Senate in answer to a question from Senator Mulvihill I said that I had been instructed that the Minister for Environment, Housing and Community Development had not received a letter from Mr Justice Fox and his colleagues. [More…]
The Minister has in fact received a number of letters from Mr Justice Fox. [More…]
I understand that the Minister has discussed the matter satisfactorily with Mr Justice Fox. [More…]
Therefore I think, the principles of justice being what they are, there is validity in a comparison of the Western Australian Act and the provision in this Bill. [More…]
Where an inspector has reason to believe that a person has failed to comply with a notice given to the person under subsection 1 1 ( 1 ), the inspector may make application to a Justice of the Peace for a warrant authorizing 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…]
I suggest strongly to the Minister that he either explain the matter reasonably or be prepared, in the conciliatory attitude in which he has approached the Bill, to have another look at it to see whether it can be broken down in the interests of justice. [More…]
If, on an application under sub-section (2), the Justice of the Peace is satisfied by information on oath or affirmation that the issue of the warrant is reasonably required for the purposes of that sub-section, the Justice of the Peace may grant a warrant accordingly. [More…]
So there is an obligation on the inspector by oath or affirmation to satisfy a justice of the peace that he ought to have these powers. [More…]
He must satisfy a justice of the peace. [More…]
I hope that in the due administration of the law any justice of the peace to whom application was made for a search warrant would satisfy himself that the inspector really has cause and can satisfy him. [More…]
I say again, it is not as though this power is written in for the inspector; he must satisfy a justice of the peace. [More…]
Nonetheless, having said that, there is always a feeling- a suspicion- on the part of people that, once a justice of the peace issues a search warrant of that type, a person occupying a position of authority, by the wearing of a uniform, might exceed to the utmost the powers of the search warrant rather than use the minimum powers of the search warrant when that might be sufficient for the purpose. [More…]
The terms of this Bill undoubtedly have received the attention of someone who is described as the Minister for Justice within the Nauruan legislature. [More…]
That is the conception which the Minister admits has a very august parent in the person of the former Attorney-General and present Chief Justice of the High Court of Australia, Sir Garfield Barwick- would have removed from State courts the bulk of the federal jurisdiction exercised by those courts and greatly weakened the status of those courts and the quality of the work dealt with by them. [More…]
A Bill was introduced in 1968 by Mr Justice Bowen, as he now is, but it was not proceeded with and then, as I have said, the proposal introduced by the Labor Government was thrown out by the Senate. [More…]
-in reply- I am pleased that the Opposition, although moving an amendment to the Federal Court of Australia Bill, is in fact supporting the measures, and even more so because Senator James McClelland has referred to the august progenitor of this whole concept, namely, the present Chief Justice, Sir Garfield Barwick. [More…]
For instance, the percentage increase in salary for the Chief Justice of the High Court is 16.7 per cent. [More…]
However, his statement outlined three areas of special concern to the Government: Measures aimed at securing cost restraint; measures to protect the interests of the staff of the Australian Stevedoring Industry Authority; and measures to overcome the problems of the industry as had been identified in the report presented to me by Mr Justice Northrop. [More…]
They do not do justice to the case. [More…]
In that way a miscarriage of justice can occur. [More…]
I refer to one or two people from at least one organisation with which Mr Justice Murphy of the High Court had problems. [More…]
I know that people can be the victims of a miscarriage of justice. [More…]
It is essential that the Government expedite an implementation of the findings of Mr Justice Hope. [More…]
Having presented submissions to the Mr Justice Hope and having had a long interview with him, I say strongly to the Minister that, whatever Mr Justice Hope has in mind and conveys to the Prime Minister (Mr Malcolm Fraser), if my submissions are not included in his report the Government will expedite the appeal system which applies in Canada. [More…]
Perhaps his latter words are not relevant because divisions have been made as to the names of the bodies concerned but obviously it is essential that there should be co-operation between the Federal and State ombudsmen so that people with complaints who go to the wrong body are facilitated in going to the right person to achieve justice. [More…]
I hope that in carrying out his work the Ombudsman will co-operate with his State colleagues to achieve justice for people who have a problem with administration even if they are not certain whether it is a State or Federal matter. [More…]
Injustices, whether real or imaginary, must be undone. [More…]
Every effort must be made to undo any imaginary injustice. [More…]
If l egitimate, it must be attended to and justice must be done. [More…]
I am sure from what Senator Mulvihill told us that his views have been taken on board by Mr Justice Hope. [More…]
The legislation was made almost impotent in 1967 when a professed improvement followed on 2 years on consultation presided over by Mr Justice Woodward, as he now is, which gave rise to what was called permanent employment. [More…]
These arrangements are being made in discussions under the chairmanship of Mr Justice Robinson of the Conciliation and Arbitration Commission, and the Government is very pleased that the President of the Commission has been able to make available a judge of Mr Justice Robinson’s distinction in this field. [More…]
That is the immediate problem which the Government is tackling and which it hopes to be able to solve under the skilful chairmanship of Mr Justice Robinson. [More…]
In the Government’s view it can be resolved only by negotiation, and that is why the negotiations under the chairmanship of Mr Justice Robinson are proceeding. [More…]
Land councils will continue to represent Aboriginal traditional owners in negotiations over land use, over mineral developments, and will be further strengthened, in line with the recommendations of Mr Justice Woodward, by giving them the function of assisting Aborigines to bring forward land claims. [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 since bought for Aboriginal communities by the Aboriginal Land Fund Commission or now being purchased by the Commission. [More…]
Where Aborigines have agreed to mineral exploration the Bill provides, as Mr Justice Woodward proposed, that development of any economic discovery made would follow, subject only to agreement on terms and conditions, provided that the development is substantially in accord with the proposals consented to. [More…]
It is the Government’s intention, as it was Mr Justice Woodward ‘s recommendation, that existing rights inland will be fully protected. [More…]
The obvious justice and common sense in this arrangement has appealed to the Pharmacy Guild as it has appealed to the Government. [More…]
There is no question that Mr Justice Fox and his colleagues have given the Parliament an excellent report; but there have been many reports of a similar nature in different countries before. [More…]
One thing that Mr Justice Fox has made clear is that the magnitude of the problem justifies detailed debate in this country. [More…]
If we consider that picture as a whole we can see that there would be a tremendous potential for nuclear power around the world and where, as Mr Justice Fox points out, it can be shown that the development of the industry will not be harmful to mankind we ought to avail ourselves of it. [More…]
But nowhere in the Fox report can I find a definitive statement where Mr Justice Fox says straight out that there is justification to go ahead now with the mining and export of our uranium. [More…]
For example, on pages 108 and 1 10 Mr Justice Fox makes several points. [More…]
I believe that we have no alternative but to go ahead and look for further energy sources, and in that regard perhaps I could quote from the report of the Ranger Uranium Environmental Inquiry in which Mr Justice Fox deals with nuclear energy and alternatives. [More…]
There is also an interesting quote from Mr Justice Collins, who said: [More…]
Justice Fox said when he dealt with the vulnerability of modern society today and its dependence upon crude oil and our known energy resources. [More…]
I would regret it if the arguments about the export of a few thousand tonnes from Mary Kathleen, which will make no difference to the world ‘s attitude to nuclear power and which will make no difference to the supplies which go to Japan, West Germany and the United States, should become the basis of the very real argument which Mr Justice Fox and the Ranger Uranium Environmental Inquiry have brought up. [More…]
They were not condemned by Mr Justice Fox and his colleagues. [More…]
I urge the Government to allow the full public debate which has been asked for by Mr Justice Fox and his colleagues and not just to accept a debate in the 2 Houses, with ten or twelve members of this Parliament speaking for 20 minutes each so soon after the Ranger inquiry report has come out, as the basis for a decision. [More…]
The fact is that Mr Justice Fox and his colleagues obviously had strong reservations on this matter. [More…]
When the Australian Financial Review said that Mr Justice Fox was worried that the first report had been interpreted as providing for an open house on uranium extraction and that he had approached the Government to reinforce what I interpreted to be the caution involved, I was told that uranium mining was not on. [More…]
It should wait until Mr Justice Fox brings down report No. [More…]
I have a fair idea of what Mr Justice Fox will say at that stage, and we will see what the Prime Minister and Mr Anthony will do. [More…]
Another important reason why the Government should not make hasty decisions is, in the words used by Mr Justice Fox at his press conference last Thursday, that the Aboriginal-land-rights legislation now before the Parliament could create problems for the commission. [More…]
JUSTICE Fox and the two commissioners from the Ranger environmental inquiry have attacked the Government over its interpretation of the Fox report. [More…]
GOVT ADMITS JUSTICE FOX LETTER ON INTERPRETATION [More…]
The Government yesterday admitted that it had received a letter from Justice Fox of the Ranger uranium inquiry criticising the government’s interpretation of its first report, despite denying this in Parliament on Tuesday. [More…]
In a statement issued after question time Senator Carrick said that Mr Newman had in fact received a number of letters from Justice Fox, one of which was concerned with ‘the interpretation that has been placed on the commission’s first report’. [More…]
He understood that Mr Newman had discussed the matter satisfactorily with Justice Fox. [More…]
Several letters have been exchanged between Justice Fox and myself. [More…]
I welcome the suggestion by Mr Justice Fox that there should be debate on the subject. [More…]
That the Aboriginal and Torres Strait Island people seek justice in this land which is rightfully theirs. [More…]
I am pleased to be able to inform the Senate that the maintenance bans were lifted as from 8 o’clock this morning following a conference before Mr Justice Robinson of the Commonwealth Conciliation and Arbitration Commission. [More…]
However, the success which I have been able to report of the conference this morning with Mr Justice Robinson and the lifting of the bans as a result of that conference emphasise the importance which the Government has always stressed, and always will stress, of the parties to a dispute taking the dispute before the Commission and having the processes of the Commission and the laws observed. [More…]
I suggest that the honourable senator look at the report of Mr Justice Campbell. [More…]
I ask the Minister: Is he aware of a letter to the Prime Minister from the Catholic Commission for Justice and Peace calling upon the Government to renew its efforts towards persuading the Indonesian Government to allow international aid organisations into East Timor? [More…]
This Government has blocked the hearing of land claims at Borroloola claims that should have been heard on 26 August this year, but by direction of the Government Mr Justice Ward was forbidden to hear them. [More…]
In justice and equity, this nation can have no lesser aim for the survivors of a people who have been so disadvantaged by changes forced on their traditional and highly specialised way of life and, until recently, so ignored by the national conscience. [More…]
It drew attention at that stage to the requirements of justice for the Aboriginal people. [More…]
This Bill represents one of the great steps along the road to providing this justice. [More…]
In the second reading debate let us at least acknowledge that we are moving in a real way towards the provision of land rights and greater justice for the Aboriginal people in the Northern Territory. [More…]
I believe that this land rights legislation does no more than offer justice in a humanitarian way to the indigenous people of Australia. [More…]
Those of us who saw the work done by Mr Justice Ward will realise that it is unfortunate that this aspect of the legislation has not been allowed to stand as it was before. [More…]
Moving to a group which has been working in the Territory, the missionary group, I will deal firstly with the Victorian Council of Churches, who supported Mr Justice Woodward in this way: [More…]
He went on to say that he believed Aborigines seek correction and justice in respect of past mistakes but they do not, to the best of his knowledge, seek to achieve this by turning the sword of discrimination against their non-Aboriginal neighbours’. [More…]
As far as I know, Mr Justice Blackburn has not been mentioned in this debate. [More…]
Yet I think that the manner in which Mr Justice Blackburn handled the Nabalco land case- although of course he eventually made a finding which was adverse to those claiming a native title or an Aboriginal title- and the judgment which he set out did a lot to educate people in the community to the fact that there really is a relationship between the Aboriginal people and the land they occupy. [More…]
I for one am grateful to Mr Justice Blackburn for the very great care he took in preparing that judgment, for the careful way in which he set it out and for the contribution which he has made to broadening the understanding by the Australian community of the Aboriginal relationship to land. [More…]
I would also like to acknowledge the contribution of Mr Justice Woodward, who was given a commission by the Labor Government in 1973 to report upon 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. [More…]
I think it is very significant that as soon as the report was put down by Mr Justice Woodward it received bipartisan support from the parties in the Parliament. [More…]
One ought to acknowledge that in all spheres of the political system in Australia there was an immediate reaction to the report that Mr Justice Woodward put down. [More…]
But since Mr Justice Woodward’s report there has been basically no real argument in Australia against the establishment of Aboriginal land rights. [More…]
That, I think, is a great tribute to the quality of the work done by Mr Justice Woodward. [More…]
Mr Justice Blackburn in his judgment refers to the Aborigines’ relationship to land which has no comparison, no parallel, in our law. [More…]
We are committed to a continuing examination to make sure that the traditional owners in fact are protected under the structures we are seeking to provide for them in accordance with the recommendations of Mr Justice Woodward. [More…]
On my reading of the Woodward report, I believe that the amended provisions now in the Bill are consistent with the recommendations of Mr Justice Woodward. [More…]
In paragraph 708 of the second report, firstly Mr Justice Woodward recommended: [More…]
Once again I turn to the report of Mr Justice Woodward, in the same paragraph sub-paragraph (xx). [More…]
The honourable senator referred to what Mr Justice Blackburn had to say. [More…]
The other, which was handed down a little later by Mr Justice Foster, I think it was, following the Royal Commission in Western Australia, went into the legal aspects of the claim of Aboriginals to land rights. [More…]
It is a Bill that ignores the Woodward report and refuses to put into operation the recommendations of Mr Justice Woodward. [More…]
Mr Justice Woodward said that great harm can be done if benefits are extended to some native people and not to others, whether by reason of degree of native blood or historical or geographical factors, particularly if decisions as to entitlements within the community are made outside the community. [More…]
My opinion is contrary to that of Mr Justice Woodward. [More…]
My brother Aborigines look to you, Sir, and to honourable senators and we ask you- we even beg, if necessary- for justice. [More…]
-The answer to the first part of the question is yes, not only in respect of those particular matters, but generally across the whole range of recommendations of Mr Justice Toose which number three hundred and three. [More…]
I refer to a petition organised by the Australia-Israeli Medical Association, signed by 260 doctors throughout Australia and delivered to the U.S.S.R. Embassy in March 1976, seeking justice for Dr Mikhail Shtern of Vinniktsa Ukraine, who for an extended period has been under arrest and denied migration to Israel. [More…]
I am concerned with the clause because, as honourable senators will know, Mr Justice Woodward in his report recommended that these powers should be held by the Federal Government. [More…]
I have to agree with Mr Justice Woodward. [More…]
They will be further strengthened in line with the recommendations of Mr Justice Woodward by giving them the function of assisting Aboriginals to bring forward land claims. [More…]
I want to assure him that amendments to the Bill since it was originally introduced in June protect existing interests as was recommended by Mr Justice Woodward. [More…]
Mr Justice Woodward envisaged that Territory law would deal with the protection of sacred sites in clause 44 (3) of his draft Bill. [More…]
Mr Justice Woodward excluded town areas from claims that would be dealt with under any legislation. [More…]
Mr Justice Woodward noted in relation to oil and gas at paragraph 704 of his report that the financial interests of Aborigines would be well served by the appropriation of a 10 per cent royalty payment to their benefit. [More…]
Because there is a mining company and Mr Justice Woodward said that we have to preserve present contracts, we now have these amendments. [More…]
Mr Justice Woodward, in paragraph 109 of his second report, said: [More…]
In paragraph 274 of the second report of the Aboriginal Land Rights Commission Mr Justice Woodward states: [More…]
I am surprised to hear Senator Missen quote the very same extracts from the Woodward report as I had intended to quote at this point of the Committee stage because it seems to me that any reasonable interpretation of the extracts which were just quoted would lead one to the conclusion that Justice Woodward did intend that needs claims rather than traditional claims be included in this Bill. [More…]
The purpose of the amendment moved by the Deputy Leader of the Opposition is to give effect to those recommendations of Mr Justice Woodward, which were that the Aboriginal Land Commissioner have jurisdiction to make recommendations relating to grants of land for Aboriginals within towns. [More…]
Several of us spoke in the second reading debate about the needs of people living in fringe areas of Alice Springs and I do not think there is any need to repeat them, but if Government supporters who spoke at such length about their concern to rectify the wrongs done to Aboriginal people and to make up to the Aboriginal people for the destruction of their culture and their traditional way of life meant what they said for one minute then I fail to see how they can refuse to support this amendment because it is those people, as Justice Woodward said, who have been moved away from their traditional land in camps around Alice Springs and similar places who are the worst victims of the racism of this country. [More…]
The proper way for all Aboriginal people to make land claims should be through the Land Commissioner as Justice Woodward recommends. [More…]
We hope to get some support if we are deciding matters on logic and in a desire to achieve justice for the Aboriginal people. [More…]
Of course, he read what Mr Justice Woodward said. [More…]
We cannot accept that Mr Justice Woodward excluded fringe dwellers. [More…]
But the use of the terms ‘alienated’ and unalienated’, which has the effect of excluding the land in the towns, prevents the Commission doing the very things that Mr Justice Woodward said that he wanted it to do and it should do. [More…]
Mr Justice Woodward also found that possibly the whole of the site of Darwin is located on tribal Aboriginal land. [More…]
The Government has already decided that most of the land claimed in Alice Springs, for example, will be granted under the Northern Territory leasehold system as recommended by Mr Justice Woodward. [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…]
It should be recalled that Mr Justice Woodward, when speaking of town claims, clearly indicated that the tenure of any land in towns by Aboriginals should be the same kind of tenure as that for all other persons and that any request for such land should go through the normal town planning procedures of the Northern Territory. [More…]
In paragraph 625 Mr Justice Woodward said: [More…]
This clause protects existing mining interests, as recommended by Mr Justice Woodward and accepted by the Government. [More…]
Mr Justice Woodward’s draft legislation provided protection for all interests, including interests- I quote him- ‘agreed to be granted by the Crown’. [More…]
The comments of the Opposition in relation to this matter do not state fully the attitudes of Mr Justice Woodward on this point. [More…]
I am of the belief that Government senators who have an interest in Aboriginal affairs, such as Senator Chaney, Senator Baume and Senator Bonner, should take Senator Wright aside and tell him that this is a question of Aboriginal justice rather than legal justice. [More…]
It should be recalled that 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…]
Honourable senators will remember that Mr Justice Woodward said in his report that the only time that a rnining interest would have a right to go into Aboriginal lands would be if it were in the national interest. [More…]
So that there would not be some frivolous claim that it was in the national interest Mr Justice Woodward put in his report the safeguard that the Governor-General had to make a proclamation- I take it on the advice of the Minister- that it would be in the national interest and that proclamation had to be laid before the Parliament in accordance with the regulations which provide that in each House of the Parliament a motion may be moved to disagree with the declaration in the proclamation. [More…]
It is a question of common justice. [More…]
I think that Senator Keeffe does not do much justice to his own Bill when he implies that he introduced it in the belief that it would never be debated in the Parliament. [More…]
Mr Justice Woodward recommended that a declaration of national interest should not be in accordance with the opinion of the government of the day. [More…]
Sub-section ( IB) gives effect to paragraph 708, sub-paragraphs (x), (xi) and (xii), of Mr Justice Woodward’s recommendations which provide that matters of concern should be given emphasis when mining rights are being negotiated. [More…]
The clause to be omitted effectively castrates- that is probably the most appropriate word- the role of the Commissioner which was envisaged by Mr Justice Woodward and given legislative substance by the Labor Government. [More…]
One is tempted to reflect on whether that is due to the success of the interim commission of Mr Justice Ward and his adjudication of land claims heard so far this year. [More…]
If this amendment is accepted by the Government, it will strengthen the Government’s hand in ensuring that those people get some sort of justice. [More…]
A number of projects designed to assess the effectiveness of agencies within the Australian criminal justice systems are at present being undertaken and sponsored by these bodies. [More…]
This Committee is, in conjunction with its work in preparation for the Congress, examining what improvements might be made to Australian criminal justice processes and what contribution might be made by Australia at the international level in this field. [More…]
Senior officers of a number of agencies within the Australian criminal justice systems, including Police Commissioners of the States and the Commonwealth, already meet at regular intervals. [More…]
I draw the attention of the Minister to a statement that the Roman Catholic Commission for Justice and Peace reportedly in letters to the Prime Minister and the Minister for Foreign Affairs has pointed out the serious conflict between the Australian Government’s recent action and its stated policy on East Timor. [More…]
The retention of the power by the Australian Parliament and Government was also recommended by Mr Justice Woodward and supported by the Senate Select Committee on Social Environment. [More…]
Mr Justice Woodward made recommendations which, if adopted, would permit reasonable access. [More…]
I believe that careful scrutiny of the way in which this clause is framed and the way in which we look at the operation of complementary legislation will ensure that we do justice to our Aboriginal population. [More…]
There may be an implied rebuke in the words which I am now going to address to you, Mr Chairman, but both Senator Bonner and Senator Cavanagh are doing less than justice to the people whose cause they seek to espouse by describing the Aboriginal people as anything else but what they are, namely, citizens of Australia. [More…]
So that the matter can be properly investigated at a later date, so that the people who signed the original telegram can be cleared- there were about thirty of them; half of them changed their minds and did not want to be associated with it and the other half wanted more time to talk to their people- and for the sake of justice to the Aboriginal people, to the senior departmental officer and to others concerned, I hope that somewhere along the line a reference will go to the standing committee which is yet to be appointed. [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 on S 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…]
-On 3 November 1976 Senator Wheeldon addressed to me, as Minister representing the Attorney-General in the Senate, a question without notice concerning the refusal by the Attorney-General of a request by the Minister for Justice of Western Australia that proceedings be instituted to secure the extradition of a Maureen Ann Ritzell from Singapore. [More…]
In a letter dated 13 September 1976 the Minister for Justice of Western Australia requested me to initiate proceedings for the extradition of a Maureen Ann Ritzell from Singapore on charges of disobeying a lawful court order and child stealing. [More…]
As I informed the Minister for Justice, extradition cannot be sought on the charge of disobeying a court order. [More…]
I have always agreed with the dictum that justice must not only be done but must be seen to be done. [More…]
It is only the members of the Opposition who are trying to make cheap political capital out of the situation that does nothing more than give simple justice to the Tasmanian fruit growers. [More…]
-On 7 December 1976 (Hansard, page 269S) Senator Mcintosh asked me, as Minister representing the Prime Minister, a question without notice concerning a letter from the Catholic Commission for Justice and Peace about the return of international aid organisations to East Timor. [More…]
I just make the point that when we talk about trials and what is at the other end we might have to bite on the bullet and prove very definitely that we regard nationals of countries to the far right and to the far left in the same way and apply the law with even handed justice. [More…]
We have to be clear that we will have even handed justice. [More…]
I might say that justice did prevail in the end. [More…]
I believe that, with these mad snipers or mad bombers, when we talk about deterrents we have to say that we will have even handed justice. [More…]
In fact, it was terrified that the success we had in persuading the work force to accept wage indexation would be eroded because there was a great deal of uneasiness in the union movement as to whether merely keeping up with the cost of living constituted wage justice. [More…]
In 1949, when Chifley introduced the security service in Australia (ASIO) under Mr Justice Reed of the South Australian Supreme Court, he established the conditions under which Australia could, and in fact did, become a party to the secret agreement. [More…]
I suppose he would be the transcendent exponent of the rules of evidence properly applicable in courts of justice. [More…]
Those are the words of Wigmore, the preeminent authority on the rules of evidence in relation to courts of justice. [More…]
I have referred to that because, of course, courts of justice exercise a most anxious judgment to produce an accurate rule applicable to each situation so that justice according to law will be done in the law courts. [More…]
I refer to the distinction between the authority and the right, and therefore the responsibility, of a House of Parliament discharging the tremendously comprehensive responsibilities of public affairs and that of a court of justice which is dealing with the sometimes narrow issues as between litigants and sometimes the Crown and the defendant in criminal cases. [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 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…]
Justice, I think, has now been done. [More…]
I do not believe that Senator Button did justice to the kinds of procedures which have been suggested or which are envisaged because at all times there is a capacity to seek a wider choice. [More…]
I believe that all Australians concerned with justice will feel some disappointment, and surely some apprehension also, that this appointment is being made. [More…]
I took the matter up in order to obtain some justice for these persons. [More…]
Your petitioners humbly pray that the Senate in Parliament assembled, will accordingly observe common justice and proper humanity by inviting duly authorised representatives of the present Rhodesian government to Australia to do what they have not been allowed to do before, present their case fully and publicly so that this can be examined and tested without interference, and so that the eventual impact on Australia’s own security and defence alliances can be gauged with better accuracy. [More…]
The linchpin of democracy is electoral justice and without a delicately and fairly balanced electoral system there cannot be real democracy. [More…]
I suggest that because the Labor Party originally wrote in the 10 per cent principle on a general basis in line with its platform of equality in voting values, and because the Liberal and National Country Parties are now generally adopting the principle of 10 per cent, the distribution commissioners should do all that can be done within their existing guidelines to ensure electoral justice in Australia. [More…]
On behalf of my Party I think I can pay tribute to the High Court for in many ways its attitudes and decisions find a parallel in the United States Supreme Court under Chief Justice Warren in the time of the Republican era of President Eisenhower. [More…]
I hope that at the next redistribution common sense will prevail and people who live in the remote areas of this nation will receive electoral justice. [More…]
Somebody said- I think it was Senator Douglas McClelland- that to get electoral justice the party that gets the greatest percentage of the votes ought to get the greatest number of seats. [More…]
But this just points up the difficulties of trying to arrive at what is popularly called ‘electoral justice’, especially in single member constituencies. [More…]
The fact that we have added the provision that no electorate exceeding S000 square kilometres in area shall contain more electors than those under that area is but justice. [More…]
I believe that they will see in the whole 4 issues that are before them excellent provisions of justice for the Australian Capital Territory and the Northern Territory, proper provisions in regard to judges, proper provisions for Senate vacancies and above all, in this proposal, provision for fewer elections for the people- probably better and more responsible elections. [More…]
Early in Amin’s reign, his own chief justice was dragged in his robes from his downtown chambers by troops and killed A former foreign minister for Amin disappeared and his body was later found floating in the Nile. [More…]
The State Government believed it had a mandate to increase its opposition to centralism and more power to Canberra following the defeat of the 4 referendums last weekend, the Justice Minister Mr Knox said today. [More…]
I do not believe that it did Senator James McClelland justice. [More…]
I am sure it did not do the Opposition justice because Australians have indicated on many occasions that they are not impressed with the hysterical, emotional approach. [More…]
I believe that the Senate would not be doing justice to itself if it voted at this stage either for or against the Bill. [More…]
He was acknowledged by all as a man of integrity and high principle, of outstanding courage, with a passion for justice and with an enormous capacity for work. [More…]
I believe there is justice in that because it appears to be related to the cost of health care as it has affected the community in the last 12 months. [More…]
In view of the lack of reference in the Queen’s Speech to the operations of the Administrative Appeals Tribunal, and the pending appointment of an ombudsman, and in view of the lack of a tribunal to which anybody who has been denied citizenship can appeal, do we have a solution from Mr Justice Hope, mindful of specific submissions from people like myself, to bridge this gap in our civil liberties code? [More…]
I shall have to pass the question on to the Prime Minister because Mr Justice Hope is reporting direct to him and not to anybody else. [More…]
In a letter to the Gosse (Kangaroo Island) Lands Committee on 14 November 1 972, Mr De Garis stated that in his opinion, and the opinion held by Mr Justice Bright in his Declaration on the Zone 5 case, the original rents at 6/6 DSE were illegally fixed. [More…]
Of course Mr De Garis went on to point out that Mr Justice Bright apparently was investigating a question in a Zone 5 case and whilst this land on Kangaroo Island was not Zone 5 nevertheless the conditions were the same. [More…]
His zeal and passion for justice and his capacity for work made him an outstanding man and senator. [More…]
They sought some way of obtaining publicity for their case to achieve what they hoped would be some sort of justice. [More…]
He was acknowledged by all as a man of integrity and high principle, of outstanding courage, with a passion for justice and with an enormous capacity for work. [More…]
I hope that never again will we as a nation allow such a travesty of justice to occur anywhere in our region. [More…]
The recommendations cover a broad spectrum of issues relating to the content of the criminal law, corporate and white-collar 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 this field to the attention of Congress participants. [More…]
Again I rely on James McAuley who wrote: ‘As between justice and injustice, as between life and death, the middle course leads to dishonour.’ [More…]
There are a number of States which now have supporting fathers’ associations formed by groups of supporting fathers not only to fight for justice but also to provide avenues of assistance to those who may find themselves in similar situations. [More…]
I move this motion for a senate select committee of inquiry into East Timor as a significant contribution that we in the Senate can make to obtain some semblance of human rights and justice for the people of East Timor. [More…]
We have a responsibility as men and women concerned with human rights and justice not to let the situation in East Timor fade. [More…]
Mr Justice Smithers of the Australian Industrial Court made a decision. [More…]
If Mr Justice Smithers was correct, certainly the Ministers in both Governments made a mistake. [More…]
I am not sure whether the decision of Mr Justice Smithers is being appealed against. [More…]
It is quite likely that in the next three or four months the members of a Peruvian club in metropolitan Sydney will come along and say to Senator Douglas McClelland and I: ‘Justice for the people from Lima’. [More…]
-I ask the Minister for Education whether it is a fact that some officers of the Department of Education will not accept statutory declarations, duly witnessed by a justice of the peace, from post-secondary students. [More…]
If the honourable senator has some particular information regarding the non-acceptance by a department of a properly drawn up statutory declaration, witnessed by a justice of the peace competent within the State or Territory, I should be grateful if he would let me have that information. [More…]
Mr Justice Fox, I believe quite rightly, suggested that Dr Letts should not use those words because it could cause general disturbances in Australia. [More…]
It might be suggested that Aborigines could get justice from the courts. [More…]
The people involved are Mr Justice Bright, of the Supreme Court of South Australia, Mr George Kennedy, the Surveyor-General in the South Australian Government and Mr Norman Douglas, the State Electoral Officer. [More…]
the Chairman of the Commission who shall be a Judge of the Supreme Court appointed by the Chief Justice to be Chairman of the Commission; [More…]
That is a matter which concerned and caused some expressions of opinion by Mr Justice Emery the other day when he talked in the court of the back log of cases as being a tragedy. [More…]
A full call over of the entire Defended List took place in December before Mr Justice Emery and all matters then in the list which could be disposed of in half a day or had settled, were called out of that list and matters capable of being disposed of in half a day were given half day hearing dates and consent orders were made in the remaining settled matters. [More…]
Such people have expressed the view that they cannot really get justice. [More…]
This can lead to great injustice. [More…]
They are Mr Justice Bright, a justice of the South Australian Supreme Court; Mr George Kennedy, the South Australian Surveyor-General; and Mr Norman Douglas, State Electoral Officer for South Australia. [More…]
These allowances are the subject of recommendations by the inquiry conducted by Mr Justice Toose. [More…]
I would have thought that that would have been accepted by any person interested in natural justice. [More…]
There is no confidence in approaching that Court seeking justice in an industrial situation not only because of political reasons- it has been a political court in the past- but also because of the calibre of the work done in that Court because it does not consist of specialists in this very difficult and important jurisdiction. [More…]
Section 171c as originally drafted by Mr Justice Sweeney and which was set out in the appendix to his report was itself administrative in character although it was to be exercised by the Court and was only later given the quality of an explicitly judicial function in the redraft by Mr Comans when preparing the Conciliation and Arbitration (Organisations) Bill of 1974. [More…]
Therefore, although the Minister possibly has acted in good faith, according to the decision of Mr Justice Smithers, the Federated Clerks Union of Australia and other unions were not covered by the amendments to the law. [More…]
He referred to the statement by the CatholicCommission for Justice and Peace headed by [More…]
We must decide on a plan for the future, and then there will be some justice for the people who have grown apples for so many years, and for the taxpayers who are now subsidising the apple and pear growers at a considerable level. [More…]
By doing so he would give some justice to the apple growers in Tasmania. [More…]
I think that it has imposed unduly at times on Canada and Australia, but let us hope that in the light of the support of the unions I have enumerated justice will be done to those people across the Pacific. [More…]
The Royal Commission on Intelligence and Security being conducted by Mr Justice Hope is presenting a series of reports to the Government. [More…]
My question which is directed to the Minister representing the AttorneyGeneral relates to the statement made at the Australian Capital Territory Law and Justice Symposium last weekend by the Australian Capital Territory Police Commissioner to the effect that there has been delay in introducing new Territory legislation to ensure the proper enforcement of criminal laws. [More…]
We all know that Senator Mulvihill has many worthwhile things to contribute on the subject of migrants in Australia but by trying to squash the worthwhile comments that he had to make on migrant education into a false framework he did not do himself justice. [More…]
I am sure that they all would have received a copy of a circular from the Catholic Commission for Justice and Peace. [More…]
The Catholic Commission for Justice and Peace, a body sponsored by the Catholic Bishops of Australia, urges all members of the Australian Parliament to support the establishment of a full and impartial parliamentary inquiry into all aspects of the East Timor situation. [More…]
There would be complete lack of justice and frankness if these conversations were postponed indefinitely instead of being taken up immediately … as you will be aware … it is our view that Portuguese vacillation and timidity in the face of Japanese aggression have shown them to be unfit to be entrusted with the defence of territory so important to the security of this area. [More…]
There is a further letter from the Catholic Commission for Justice and Peace, which is the second document and not the one apparently referred to tonight by Senator Bonner. [More…]
The Catholic Commission for Justice and Peace, a body sponsored by the Catholic Bishops of Australia, urges all members of the Australian Parliament to support the establishment of a full and impartial parliamentary inquiry into all aspects of the East Timor situation. [More…]
As honourable senators will recall, the Royal Commissioner, Mr Justice Nimmo, found that he had no doubt that the people who moved from Pitcairn Island to Norfolk Island in 1856 were given no legal right to the Island. [More…]
I will quote from page 10 of Mr Justice Stephen’s judgment: [More…]
At page 14 of the judgment Mr Justice Stephen said: [More…]
Of the Government’s claim that it took this action to prevent abuses of the Act, Mr Justice Stephen at page 19 of his judgment in relation to prevention of abuses of the Act succinctly stated: [More…]
I suggest that the Government may have to change its view on this argument that unemployment benefits are a gratuity, in view of the judgment of Mr Justice Stephen. [More…]
One wonders how such advice, if it exists, differs from the judgment of Mr Justice Stephen. [More…]
Last Friday Mr Justice Stephen in the High Court of Australia handed down a judgment resulting from the action of Karen Christine Green through Patricia Ann Truman v. Laurie Daniels, Brian Wraith and the Commonwealth of Australia. [More…]
These, then, were the general areas of dispute over which argument ranged; of course my description, confined to a few sentences, does less than justice to the fullness of the arguments relied upon. [More…]
On page 27 Mr Justice Stephen said: [More…]
The Director-General of the Department of Social Security, on the advice of the SolicitorGeneral and the Attorney-General (Mr Ellicott), regards this matter as still incomplete and subject to discussion with Mr Justice Stephen and the other parties if they wish. [More…]
I suggest that the Opposition is telling selective truths and is not doing justice to itself in the whole treatment of the subject. [More…]
I think in order to do justice to the Minister for Health ( Mr Hunt) who has been consistently concerned about the position in the Australian Capital Territory it is necessary to put the record straight and to indicate what the position is in the A.C.T. [More…]
There is no confidence in approaching that Court seeking justice in an industrial situation not only because of political reasons- it has been a political court in the past- but also because of the calibre of the work done in that Court because it does not consist of specialists in this very difficult and important jurisdiction. [More…]
We are a law which will regulate our own world, discipline our own members and dispense justice according to our idea of the administration of the rules as we see them. ‘ [More…]
I recognise that some honourable senators in support of their position in respect of this matter have recited a letter that all honourable senators received from the Catholic Commission for Justice and Peace. [More…]
It was over the signature of Mr Mauro Di Nicola, National Secretary of the Catholic Commision for Justice and Peace. [More…]
That was signed by Mr Mauro Di Nicola, the National Secretary of the Catholic Commission for Justice and Peace. [More…]
I consider, as does the Catholic Commission for Justice and Peace- people seem to be quoting that organisation all the time along with unnamed religious sources here, there and everywhere- that the terms of reference should be unlimited. [More…]
What is the Government’s attitude to the Chief Justice inviting such a challenge in a gratuitous and political manner. [More…]
It is urgent that the Senate and the House Representatives in the Parliament assembled, will observe common justice and proper humanity by inviting only authorised representatives of the present Government of Rhodesia to Australia, to do what they have been deprived to do previously, present their case fully and publicly so that this can be examined and tested, without interference, and so that the eventual impact on Australia’s own security and defence alliances can be gauged with better accuracy. [More…]
Mr Justice Fox and his colleagues, as I understood it then, had not finished their editing of their report and the AGPS does not have the full text of the report. [More…]
What action has been taken to ensure the implementation of the findings of a marine court of inquiry, under the control of Justice Evatt, which recommended a new code in regard to fighting fires which involved petroleum products? [More…]
I ask the Minister: Because of the grave implications these statements have for the Governor-General particularly in regard to his actions prior to and on 1 1 November 1975, will the Prime Minister draw this article 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 further ask: If Mr Justice Hope decides that the matter warrants his attention, will the Prime Minister ensure that the Governor-General is recalled from overseas to facilitate such investigation? [More…]
Since a long way back that court has comprised a single justice of the High Court from whose decision there is no right of appeal. [More…]
According to our law of justice it was found to be a wrongful dismissal but the company would not take him back until all avenues in law were explored, simply for the purpose of keeping the man involved unemployed. [More…]
I am aware of the course of Senator Martin’s efforts through your good offices to secure justice for Mr Aufferber’s case. [More…]
Needless to say, I regard these circumstances as repugnant to any sense of justice. [More…]
Those assumptions made by the Government and by Mr Cameron, the Minister in the previous Government, do not accord with the decision given by Mr Justice Smithers in the Industrial Court in December last year. [More…]
I assure Senator Bonner that I and the rest of my colleagues in Government have just as keen an interest in the upholding of Liberal principles and the pursuit of truth and justice as has he or as have any of his Queensland Liberal Party colleagues. [More…]
Is it also not true that the decision of Mr Justice Stephen in the Karen Green case was to say that the Government acted in breach of the law in denying those school leavers unemployment benefit. [More…]
Is it not the Government’s responsibility to take action as a result of Mr Justice Stephen’s ruling? [More…]
The second question raised the matter of Mr Justice Stephen’s judgment. [More…]
I refer the Minister to the decision by Mr Justice Forster in the Northern Territory Supreme Court to uphold the appeals by 3 men against a conviction of attempting to export illegally firearms and medical supplies to East Timor from Darwin. [More…]
In view of the determination of the Prime Minister in 1976 to have the case prosecuted, does the Government intend to appeal against Mr Justice Forster ‘s decision? [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. [More…]
It is my belief that the Director-General 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 re-affirmed in the House his confidence in the DirectorGeneral. [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…]
The second and third items to which we wish strongly to draw attention relate to payment from the Treasurer’s Advance Account to a former justice of the High Court of Australia of $47,500 in lieu of long leave and $2,500 for unremunerated periods of service as Acting Chief Justice, and the payment of $40,500 in lieu of long leave to a former Chief Judge of the Industrial Court. [More…]
The Committee was informed that a Cabinet decision made in 1967 did provide for such payments to be made to judges of Federal Courts but did not include justices of the High Court. [More…]
Whilst the Committee does not quarrel with the principle that justices of the High Court and judges of other Federal courts should be remunerated for long leave, it considers that the arrangements not founded on statutory authority which prevailed in previous years and enabled payments to be made from public funds should forthwith be terminated and that the Government should introduce into the Parliament appropriate legislation to remedy the situation. [More…]
I want to refer to another area which I call employee injustice. [More…]
It may well be argued if the Commonwealth Public Service Board seeks wage justice for these people, quite apart from the emoluments which would result from permanency, that it may not have the ability to assess wages, as in the air traffic controllers case. [More…]
I would like to believe that we do not leave this matter to the oil companies to do it their way, but that we issue stringent conditions along the lines suggested by the judicial inquiry which I think was controlled by Mr Justice Evatt, a very illustrious name in the judicial field. [More…]
I quote now Mr Justice Brandeis, notorious for his understanding of the needs of the ordinary trade union and the working man who wants to work and earn in a prosperous society. [More…]
So, in the last year of my existence in this place, I am putting forward this proposition in the hope that we will be able to formulate a new sense of purpose to enable parliamentary government to be the reality that people believe it is and in the hope that we will not yield to the assaults from both inside and outside to which I have referred and to which Mr Justice Brandeis and Lord George-Brown most purposefully referred. [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…]
I understand that Mr Justice Fox will be putting down his report tomorrow. [More…]
The Minister for Justice of the Republic of Ireland, Mr Cooney, has rejected calls for an independent inquiry on the matter, denying that conditions in the gaol were as the critics described them and saying that there was nothing to inquire into. [More…]
The question concerns the social justice and, in fact, the fairness of the Government in singling out this group of people, these school leavers, and depriving them of unemployment benefits when others in the community were not so deprived. [More…]
The Opposition, of course, questioned the natural justice of such an action in taking all benefits from all unemployed school leavers to catch a few who might be cheating on the system. [More…]
As was suggested at the time, and as has been backed by Mr Justice Stephen now, this was contrary to section 107 (c) of the Social Services Act. [More…]
I believe that the gist of Mr Justice Stephen’s judgment is this: Miss Green- the Judge pointed out that hers was not an exceptional case and that in fact there were thousands like it in the community- was subject to an inflexible rule which prevented her from being considered for unemployment benefits until the end of the school vacation, the school vacation which started last November or early December. [More…]
Justice must be done and justice must be seen to be done. [More…]
It was for that reason that on the last occasion when this matter arose 1 had incorporated in Hansard the complete text of the judgment of Mr Justice Stephen. [More…]
Justice was not done to his judgment by members of the Opposition and by other interested parties, some of whom have been mentioned by the honourable senator today. [More…]
In his judgment Mr Justice Stephen restated the provisions of section 107 of the Social Services Act. [More…]
In his judgment Mr Justice Stephen makes the comment that paragraph (c)- that one which talks of the satisfaction of the DirectorGeneral is not directly concerned with factual circumstances but rather with the state of mind of the Director-General. [More…]
On page 5 of his printed judgment Mr Justice Stephen said that there is no doubt that it was not until 22 February 1977 that the Director-General became satisfied in terms of the Act. [More…]
On page 24 of his judgment Mr Justice Stephen said: [More…]
I think it does them less than credit continually to talk of illegality in the way in which they do, and continually to misrepresent the judgment of Mr Justice Stephen. [More…]
In the judgment which I have read in part, 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 in this case, Mr Justice Stephen said in his judgment: [More…]
When I bring those facts forward I am bringing them forward as part of the judgment of Mr Justice Stephen because it was he who referred to the fact that she had not achieved eligibility in those terms prior to seeking litigation. [More…]
Mr Justice Stephen said quite accurately, in the final paragraph: [More…]
Mr Justice Stephen was not prepared to give any declaration that the benefit was payable during that period and indeed the matter is still being determined. [More…]
Once again I remind the Senate that in his judgment Mr Justice Stephen said that Karen Green was not entitled to a declaration that she was entitled, in respect of any period before 22 February, to receive unemployment benefits. [More…]
I think that what Senator Grimes should do-it might pay all of us to do this- is to examine the declarations made by Mr Justice Stephen. [More…]
Although we have heard much from the Opposition in recent weeks about this matter, I do not think it yet understands the terms of the judgment of Mr Justice Stephen. [More…]
I am not sure whether the declarations made by Mr Justice Stephen are incorporated in Hansard. [More…]
We on this side of the chamber are concerned to see that justice is being done to all applicants for government benefits in terms of the existing legislation. [More…]
In this situation Mr Justice Stephen indicated that there was some difficulty about the word ‘unemployed’. [More…]
I think that it has imposed unduly at times on Canada and Australia, but let us hope that in the light of the support of the unions I have enumerated justice will be done to those people across the Pacific. [More…]
I conclude my answer by saying that, if the judgment from the High Court is read accurately, it will be seen that it was acknowledged by Mr Justice Stephen that a decision needed to be made by the Director-General and a determination needed to be made by him. [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 program 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 had 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: 1 am satisfied on the evidence that for many cases in the past claims have been presented in an inadequate fashion. [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…]
The Committee drew attention to payments to a former Justice of the High Court of Australia for unremunerated periods of service as Acting Chief Justice and to the payment to a chief judge of the Industrial Court. [More…]
At the outset, I mention that when Senator Rae presented the report of Senate Estimates Committee F on Tuesday, he drew attention to an amount of $50,000 that had been paid in lieu of long service leave and unremunerated periods of service as Acting Chief Justice paid to a former Justice of the High Court and to a further amount of $40,000 which was paid to the former Chief Judge of the Commonwealth Industrial Court. [More…]
This makes the amount paid to the former Justice of the High Court or the amount paid to the former Chief Judge of the Commonwealth Industrial Court look like chicken feed. [More…]
The real question now arises as to the stance members of the Opposition should take to the passing of this large sum of money for the Department of Social Security if the Department is to continue to refuse to give justice to those people concerned. [More…]
I appreciate the interpretation of the Minister about the judgment of Mr Justice Stephen. [More…]
In these estimates which cover additional amounts for the year ending 30 June 1977 no provision is made for an expenditure for unemployment benefits for anyone who may succeed in an application following Mr Justice Stephen’s decision. [More…]
I think that the effect of what the Justice said was that the Director-General of the Department of Social Security had no power to issue a blanket order, that he had to deal with every case individually and had to make a decision on every application that came before him as to whether it met the criteria. [More…]
If no provision is made we must consider recommending that provision should be made in these estimates for the payment of benefits to these children who I think can meet the criteria and will have to be paid in accordance with Justice Stephen ‘s decision. [More…]
I was pleased and interested to hear that the Director-General of Social Services will be making public his decision on his deliberations on Mr Justice Stephen ‘s ruling in the High Court. [More…]
Australia should be especially concerned because Timor is our neighbour, and I am sure the Indonesian Government would want to know if these crimes have been committed so they could bring the perpetrators to justice. [More…]
I am concerned about this and wonder whether it indicates that the Government has made up its mind that there shall be no payment to school leavers for this period, despite the interpretation that might be placed upon the judgment of Mr Justice Stephens. [More…]
Can the Minister give some assurance that if there has to be a review of those applications the review will be dealt with speedily and justice will be done to those school children? [More…]
Has the Minister noted the April edition of the Returned Services League National News Digest which reports on a meeting by Justice Toose with the RSL National Executive in March? [More…]
The Digest in referring to Mr Justice Toose states: [More…]
The fact is that Mr Justice Toose, in his report which was tabled in Parliament on 19 February 1976, advocated that legal representation should be available. [More…]
I want to see justice done and I know that Senator Wright does too. [More…]
Mr Isaacs later became Chief Justice Isaacs and Sir Isaac Isaacs. [More…]
Division 170 relates to salaries and payments in the nature of salary in lieu of long leave and unremunerated periods of service as Acting Chief Justice. [More…]
Another matter disturbed members of the Committee in relation to Mr Justice McTiernan, and that was the amount that was paid to him- a neat $50,000. [More…]
On examination of the various officials who were acquainted with the facts it emerged that the way the sum of $50,000 was computed was to allow a yearly salary of $47,500 and to add to that an amount to compensate Sir Edward McTiernan for the periods in which he acted as Chief Justice in the absence of the Chief Justice himself. [More…]
Although I am not suggesting there is anything improper in it and I am not suggesting that a puisne judge who acts as Chief Justice is not entitled to some compensation for the added responsibility involved, it was sloppy and a careless way of going about such a task. [More…]
It is expressed in the particulars of proposed additional expenditure as ‘payments in lieu of long leave and unremunerated periods of service as Acting Chief Justice’. [More…]
The last Chief Justice who retired 2 years ago, Sir Richard Kirby, by a mere gratuitous act of the Executive, was given twice the annual salary just as an act of grace. [More…]
I remember a distinguished chief justice of the High Court who, in practice, in 1921, by tradition having performed notable national service for the Wool Board had delivered to him a cheque for 10,000. [More…]
The judgment of Mr Justice Stephen is well known to members of the Senate. [More…]
Many matters were referred to by Mr Justice Stephen in his judgment. [More…]
As I understand it no person in any part of the Government had anything to do with the report until it was released by Mr Justice Fox. [More…]
As far as I am aware- I will check this matter for the honourable senator- until Mr Justice Fox gave the report to the 2 Ministers concerned, the Minister for Aboriginal Affairs and the Minister for the Environment, Housing and Community Development, no other person in the Government had a copy. [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…]
Were the original terms of reference for the inquiry into the intelligence and security services of the Australian Government such that they would enable Mr Justice Hope to investigate also foreign intelligence services in Australia? [More…]
I remind the Senate that when the Kerr Committee reported in August 1971 it consisted of Mr Justice Kerr, as he then was, Mr Justice Mason, Mr Ellicott, the present Attorney-General, and Professor Whitmore. [More…]
It is poetic justice that so many of the large developers themselves have been caught up in the same exploitative trap as they set for others. [More…]
Australia will be able to achieve the justice which has been denied to it for all these years. [More…]
-Prior to Senator Brown asking his question I was going to ask that further questions be placed on notice, and then I was going to say that yesterday Senator Brown asked me a question relating to the royal commission investigation by Mr Justice Hope. [More…]
The Prime Minister, Mr Whitlam, announced today that His Excellency the Governor-General had, on the advice of the Executive Council, appointed Mr Justice Hope of the Supreme Court of New South Wales as a Royal Commissioner to inquire into Australia’s intelligence and security services. [More…]
The Commission to Mr Justice Hope will fulfil both parts of the election promise. [More…]
The appointment of a Judge with qualifications as eminent as those of Mr Justice Hope guaranteed that the inquiry would be well conducted, comprehensive and responsible and at the same time would reassure those countries and organisations with which Australia has connections in the security field. [More…]
Mr Justice Hope was appointed to the Supreme Court of New South Wales in 1969. [More…]
Mr Whitlam said he wished to express his own thanks, and those of the Government, to the Premier, Chief Justice and Attorney-General of New South Wales for their courtesy; and co-operation in agreeing that Mr Justice Hope should be available to undertake this important inquiry. [More…]
It is possible that the New Zealand Department of Justice or our Police Department may request an extradition order against Brych to bring him back to New Zealand to face criminal charges. [More…]
Obviously that expansion must progress if we are to do justice to that area of education. [More…]
The changes have arisen largely from the report of Mr Justice Toose on the repatriation system. [More…]
We agree with Mr Justice Toose in his claim that the new section will clarify the whole situation and will give the applicants the idea that they are in fact getting justice, more so than they do now. [More…]
We hope that the other suggestions of Mr Justice Toose and some others will be taken up. [More…]
Mr Justice Toose has made some pertinent suggestions as to what should happen in repatriation. [More…]
We hope that the Government will not take as long to deal with Mr Justice Toose ‘s findings as Mr Justice Toose took to reach them. [More…]
Following the judgment by Mr Justice Stephen in the High Court case brought by Miss Green against the Commonwealth and the Decarations 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…]
It is urgent that the Senate and the House of Representatives in the Parliament assembled, will observe common justice and proper humanity by inviting only authorised representatives of the present Government of Rhodesia to Australia, to do what they have been deprived to do previously, present their case fully and publicly so that this can be examined and tested, without interference, and so that the eventual impact on Australia ‘s own security and defence alliances can be gauged with better accuracy. [More…]
As the original terms of reference of the royal commission into the intelligence and security services of the Australian Government were confined to the Australian services and as the Minister himself said yesterday in reply to my question that the royal commission had stayed strictly within the original terms of reference, I ask: How could the Prime Minister say in his Press statement of 24 May 1977 entitled ‘Allegations of CIA Activities in Australia’ that the investigations of the royal commissioner, Mr Justice Hope, covered activities of foreign intelligence services in Australia? [More…]
If what I suggest were adopted this Parliament could be restored to the supremacy that people think it should have and we would have an ordered community which would conduce to the justice and prosperity of trade unionists and employers and their families. [More…]
Senator Bishop, to do him justice, said that all these things should be done by consultation. [More…]
I want to take a little further this concept of even-handed justice. [More…]
If we want the arbitration system to represent the whole of the spectrum of the judiciary we need men like Mr Justice Staples. [More…]
Maybe Mr Justice Staples often has unorthodox ideas, but he has always been a kind and understanding man. [More…]
There is no secret that at times he has Utopian ideas, but he is a fair man and he is seeking justice and fair play. [More…]
If it is good enough to tell the trade union movement that Bill Smith is a good union official or that he should not be a union official, it is good enough to refer to members of the Bench and say, for example, that Justice Staples has his virtues and ask what his future will be. [More…]
We talk about justice for the individual. [More…]
They are looking for industrial justice. [More…]
There is no justice in their union. [More…]
A person who goes before a court of justice has to abide by the decision given. [More…]
Justice must be done to organisations as well as to individuals, but the Government believes that the way in which it has gone about it in providing a defence to an organisation- that it takes reasonable steps to prevent the conduct from occurring- is fair and it would have to be decided on the facts of every case. [More…]
I will not say very much about proposed section 45D, except that I believe that the refinement of it which finally has come into this legislation after much discussion and much controversy is desirable and necessary if we are to have fairness, equality and justice before the law, which applies to employees as well as to employers. [More…]
It has been very difficult for the Minister to maintain the strength of the previous conditions and at the same time give justice to the commercial community which is laced with a number of organisations which quite properly should be able to merge or sell their operations to other concerns. [More…]
I heard Senator Missen defend proposed section 45 d of the Act on the basis that it provided justice before the law. [More…]
Let me give an example of this so-called justice before the law as it would be applied under proposed section 45D (3) of the Act. [More…]
Only in those cases in which there is a trade union or a labour council with efficient legal people to protect the workers is there justice in compensation cases. [More…]
The only way justice was achieved there was through a secondary boycott. [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…]
I do not think the way in which we are dealing with this group of Bills does justice to the disease eradication Bills. [More…]
The history of the matter is to some degree set out in the second reading speech of the Minister for Veterans’ Affairs (Senator Durack) and includes an outline of the various conferences and discussions which have taken place, particularly the important conferences under the chairmanship of Mr Justice Robinson of the Conciliation and Arbitration Commission. [More…]
Combine that excerpt from the Maritime Worker and that condition that is stated in Mr Justice Kirby ‘s remarkable conference and you realise how near you are to solution when you have that possibility facing private employers in any set-up that may disband the authority and go to private employment. [More…]
I notice that in the Minister’s second reading speech Mr Justice [More…]
I want to emphasise the fact that attempts have been made by Mr Justice Robinson and Sir Richard Kirby to try to take the heat out of the situation. [More…]
But the rumour has it that Mr Justice John Hale is to be appointed to head the Commission. [More…]
I do not know Mr Justice John Hale. [More…]
It is a fact that the common law procedures bedevil one from ever getting justice. [More…]
Did Mr Justice Kirby, Chairman of the Law Reform Commission, at the Commission ‘s recent hearings in Brisbane on Complaints Against Police, express disappointment that the Commonwealth Police Force had not presented a formal submission to the Commission. [More…]
It was reported by the media that at the Brisbane hearing of the Law Reform Commission on 4 May 1977, His Honour Mr Justice Kirby expressed disappointment that the Commonwealth Police Force had not presented a formal submission to the Commission on Complaints Against Police. [More…]
One of the alternative recommendations by Mr Justice Toose in relation to the structure, and operation of Repatriation Boards was one of the matters dealt with in the Repatriation Acts Amendment Bill which recently passed all stages in both Houses. [More…]
Is the Minister also aware that the Royal Commissioner, His Honour Mr Justice Woodward, has said that it would be very strange if the Federal Government refused to assist the commission? [More…]
He will also know that the overall study of the two reports of Mr Justice Fox and his Committee has been and remains a continuing study of the Federal Cabinet. [More…]
Is the Minister aware that on 17 October 1975 Mr Justice Murphy, in his written reasons for the decision in the case the Commonwealth v. the State of Queensland, referred to and quoted from a dispatch sent by the Governor-General to the Governor of Queensland concerning a petition to Her Majesty the Queen which had requested a reference to the Judicial Committee of the Privy Council? [More…]
There are the problems which Senator Mulvihill and others have raised in the Senate from time to time in regard to the degree in which health care is effectively transmitted from various sources to the new settler in this country, the way in which he uses the legal services which are available to him and the way in which he can best express himself in the courts to obtain justice for himself and his family. [More…]
1 ) and (3)1 have already announced that I will be making a statement to Parliament about the Government’s decisions on Mr Justice Hope’s recommendations concerning the Australian Security Intelligence Organization (Hansard, 24 May 1977, pages 1695-6). [More…]
Is the Attorney-General aware that the Queensland Justice Minister, Mr Lickiss, has publicly indicated that he favours a State takeover of the administration of the Family Court and the Australian Legal Aid Office: if so, (a) has the Queensland Government made a formal submission to the Commonwealth relating to either, or both, of these matters and, (b) have any other States indicated their views on either, or both, of these matters; if so, what are the details. [More…]
The Canberra Times carried some news in the form of a leak, it appeared, suggesting that the Government had entered into an arrangement with the defendants in a constitutional conspiracy case- Mr Whitlam, Dr Cairns, Mr Connor and Mr Justice Murphy- to the effect that the Government had agreed to pay the costs of the defendants in regard to those legal proceedings. [More…]
I now have reason to believe that the solicitors for three of those involved and Mr Justice Murphy, who was not represented by a solicitor in relation to this matter, have been informed of the Government’s decision. [More…]
What about the report of Mr Justice Sweeney concerning the extortions taking place on the waterfront by the maritime unions? [More…]
Mr Justice Sweeney found that rip-offs, blackmail and skulduggery exist. [More…]
Mr Justice Woodward thought that there was some justification for a buffer zone in order to ensure privacy for Aboriginal land. [More…]
Mr Justice Woodward selected 2 kilometres. [More…]
When this was pointed out to Mr Justice Ward, who was the tentative Commissioner, he said: ‘Yes, I agree with that. [More…]
That request had been founded, I think, on the view put forward by Mr Justice Woodward who considered the original request for a much wider area of the sea. [More…]
His Honour, Mr Justice Murphy, in the reasons for his decision quoted a letter from the Governor-General to the Governor of Queensland relating to advice given to Her Majesty The Queen by her Australian Ministers in the matter of a Petition seeking referral to the Judicial Committee of the Privy Council. [More…]
On 30th January, 1974, His Excellency the GovernorGeneral (Sir Paul Hasluck) sent a despatch to His Excellency the Governor of Tasmania (Sir Stanley Burbury ) in identical terms to the letter referred to by His Honour Mr Justice Murphy in the case which you mention. [More…]
As the original terms of reference of the Royal Commission into the Intelligence and Security Services of the Australian Government were confined to the Australian Services and as the Minister for Administrative Services said on 3 1 May 1 977, in reply to a question asked by Senator Brown, that the Royal Commission stayed strictly within the original terms of reference, how could the Prime Minister say in his press statement on 24 May 1977 that the Royal Commissioner, Mr Justice Hope’s, investigation included the activities of foreign intelligence services in Australia. [More…]
the honourable senator makes an assumption about the terms of reference of Mr Justice Hope’s inquiry which he will find would not be supported by study of the terms of reference taken as a whole which were incorporated in Hansard ( page 1 675 ) on 3 1 May 1977. [More…]
(a) Following Mr Salemi ‘s successful appeal against the initial decision by Mr Justice Gibbs that his Statement of Claim should be struck out costs were awarded against the Government. [More…]
Let me turn to the Fraser guidelines as I call them, guidelines which are far more stringent than those of any other country in the world, and far more stringent than Mr Justice Fox recommended in the first report. [More…]
Mr Justice Fox wanted the fullest possible public and parliamentary debate on the matter. [More…]
I guess it is pertinent to look back briefly on the first report and to see some of the recommendations made by Mr Justice Fox. [More…]
It is these aspects that Mr Justice Fox has tried to come to grips with in his second report. [More…]
Thus we have to come to grips with the problems, and Mr Justice Fox has indeed tried to do so. [More…]
Mr Justice Fox has tried to come to grips with this aspect also when looking at the situation in the Northera Territory. [More…]
Mr Justice Fox found that the morale, employment, health and education of these people was at an extremely low level. [More…]
Mr Justice Fox mentions this throughout his report. [More…]
Mr Justice Fox agreed that uranium mining would be highly profitable and that there would be benefits to the Australian shareholders and to the Australian citizens through the taxes that would be paid. [More…]
Mr Justice Fox went on an overseas trip to look at some of the processing installations and at the manner in which power was being used. [More…]
At least one of his messages to the Prime Minister was totally distorted in a leak from the Prime Minister’s office which indicated that Mr Justice Fox now totally supported uranium mining. [More…]
That has since been corrected by Mr Justice Fox. [More…]
I have informed Mr Justice Fox, through one of the Commissioners, that I am deeply disturbed by the media speculation about his reports to me. [More…]
First Mr Justice Fox found that under the procedures laid down in the Australian code of practice for the operation of uranium mines, radiation from mining and milling is not such as to justify a ban on uranium exports. [More…]
It is sufficient to say that the safeguards outlined by the Prime Minister on behalf of our Government went beyond those suggested by Mr Justice Fox. [More…]
In commenting on the amount of uranium available in this country, Mr Justice Fox, made this comment on page 39 of his report: [More…]
Mr Justice Fox and Sir Brian Flowers both accept the safety involved in the reactor process as set out in what is known as the Rasmussen report as being adequate and appropriate at the present time. [More…]
His colleagues speak very highly of him and I feel that in drawing the attention of the Senate to his retirement we are doing a justice to him that he has richly earned in his long, loyal and devoted service to the Senate. [More…]
Furthermore, I am sure we all appreciate the fundamental principles of our system of justice and our democratic way of life in which Ministers of the Crown, including Attorneys-General, Commonwealth or State, are subject to the law of the land. [More…]
That is nowhere better expressed than in a recent decision of Mr Justice Sharp in the Conciliation and Arbitration Commission. [More…]
Mr Justice Sharp went on to say: [More…]
Honourable senators will know from the information that was given to the Senate this morning by Senator Button in relation to the case which came before Mr Justice Sharp that the question of standing down employees under the present Conciliation and Arbitration Commission Act is one which must be regulated by that Commission. [More…]
What sort of justice is that? [More…]
Union leaders put it this way: They are there for the obtaining of industrial justice. [More…]
During the adjournment debate we often hear about miscarriages of justice. [More…]
Tonight I outline what appears to me to be a gross miscarriage of justice which has been meted out to an Australian citizen because of what is nothing other than an illegal activity by an officer of the Commonwealth Employment Service. [More…]
I do not do this as a matter of course and I hesitate to ask the Minister to look at particular cases because I know the number of representations that must be made to her; but I thought that this was an important case in which there had been a miscarriage of justice and I asked her to investigate the case of John Smith. [More…]
It is urgent that the Senate and the House of Representatives in the Parliament assembled, will observe natural justice and proper humanity by inviting only authorised representatives of the present Rhodesian Parliament to Australia, to do what they have been deprived of doing previously, present their case fully and publicly so that this can be examined and tested, without interference, and so that the eventual impact on Australia ‘s own security and defence alliances can be gauged with better accuracy. [More…]
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. [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…]
At that time the court in Parramatta was operating very successfully, with very little delay and with the achievement of early court action which very often stopped domestic disputes from becoming complicated affairs and prevented hardship and injustice which develop when there is delay and justice is not done. [More…]
One of the important things which it was intended to achieve was a speedier form of justice and an informal and less legalistic method. [More…]
Mr Justice Pawley’s callover was held on 4 February 1977. [More…]
On the morning of 7 February 1977 Mr Justice Goldstein held the first half of his call-over. [More…]
On the afternoon of 7 February 1977 Mr Justice RossJones held his call-over. [More…]
Mr Justice Hogan and Mr Justice Dovey are each having call-overs within the next week, and their lists are even longer. [More…]
Mr Justice Hogan only has about 30 hearing dates left between now and the end of July by reason of expedited or part heard matters, so it is unlikely he will be able to fix many more than about 25 matters. [More…]
This is so despite the fact that a total of 30 Judges have been appointed to the Family Court so far, including Mr Justice Cook and Mr Justice Yuill to the Sydney and Parramatta Registries since the date of your letter. [More…]
These things happen more readily in a situation in which they cannot see justice done, where they are told that they may have to wait a year or two, because they know that if children are in the hands of the wife for two years this must have a considerable influence on the decision of the Court. [More…]
The Court cannot help taking into account the fact that there is a stabilised situation, even though justice has not been done, because the situation has been allowed to continue for some period. [More…]
He was defeated in the seat of Mount Gravatt later that year- from memory on 3 August- by the late Mr Justice Hart. [More…]
Firstly, I ask: With the termination of a certain case in the Canberra courts under Justice Smithers which dealt with Australian Security Intelligence Organisation recruitment, are we likely to get some information on the recruitment methods, mindful of ASIO’s increased budget and some miscalculations regarding the personnel engaged? [More…]
Secondly, I refer the Minister to a partial promise he gave me some weeks ago that when the Prime Minister returned from Japan we might get a further edition of the Justice Hope report which was supposed to deal with an appeals tribunal for people denied citizenship, which could be related to ASIO evaluations. [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…]
What a travesty and what a mockery of justice that is. [More…]
That the underhanded methods used to bring alleged charges against TTLC Secretary Bob Watling and Peter Imlach, the denial to them of their rights and adequate notice, the breaches of ALP rules which have been perpetrated by the Rules Committee and the tribunal are so fundamentally opposed to natural justice and the good name of the Party as to require the firmest challenge. [More…]
We therefore call upon Bob Watling, particularly in view of the absence of Peter Imlach, to consider whether his appearance before such a tribunal would only aid the kangaroo court, bring discredit on the Labor Party which is committed tO justice and fair play. [More…]
This is the gut part of what I am talking about- wished to see the case against Mr Whitlam, Dr Cairns, the late Mr Connor and Mr Justice Murphy pursued. [More…]
In speaking to my amendment, I feel that it is vital at this point of time to ensure that justice is done. [More…]
I knew you would stand up on the side of justice in this matter. [More…]
That is the type of justice we can expect from Senator Grimes. [More…]
I refer to a report in the Canberra Times concerning the administration of justice in the Australian Capital Territory. [More…]
The Attorney-General’s Department’s attitude to the administration of justice in the Australian Capital Territory was criticised strongly by the Chief Magistrate, Mr Kilduff, in Canberra Petty Sessions yesterday. [More…]
The Chief Magistrate went on to refer to a number of particular aspects of the administration of justice and the role of the AttorneyGeneral’s Department. [More…]
It is urgent that the Senate and the House of Representatives in the Parliament assembled, will observe common justice and proper humanity by inviting only authorised representatives of the present Government of Rhodesia to Australia, to do what they have been deprived to do previously, present their case fully and publicly so that this can be examined and tested, without interference and so that the eventual impact on Australia’s own security and defence alliances can be gauged with better accuracy. [More…]
People lose their lives fighting for justice. [More…]
It is urgent that the Senate and the House of Representatives in the Parliament assembled, will observe natural justice and proper humanity by inviting only authorised representatives of the present Rhodesian Parliament to Australia, to do what they have been deprived of doing previously, present their case fully and publicly so that this can be examined and tested, without interference, and so that the eventual impact on Australia’s own security and deference alliances can be gauged with better accuracy. [More…]
I close my remarks by saying that we are seeing a move away from justice and equality in education in this country. [More…]
The Labor Party tonight is quarrelling about our trying to get a little social justice. [More…]
-I draw the attention of honourable senators to the presence in the gallery of a delegation from the Justice Committee of the Swedish Parliament, led by the Chairman, Mrs Astrid Kristensson. [More…]
I mentioned that provision would be made to issue local ordinances and to establish better facilities for the administration of justice, that health and education services would be extended, and that rates of pay and employment conditions on Cocos would be aligned progressively with Australian practice and International Labour Organisation conventions. [More…]
Representations have been made to me by the Chairman of the Canberra Public Library Service, the Honourable Mr Justice Else-Mitchell, by Senator Knight and by Mr Haslem. [More…]
-I think that Senator McLaren might not be thankful in a moment or two for the small mercies that will be unfolded, including simple justice for him. [More…]
-Has the Minister representing the Minister for Aboriginal Affairs noted the remark of Mr Justice Toohey in his first report in accordance with the provisions of the Aboriginal Land Rights (Northern Territory) Act that the Act is not as clear as it might be in regard to the proper construction to be given to section 50 (3) of the Act? [More…]
I shall draw to the attention of the Minister for Aboriginal Affairs the matter raised by Senator Cavanagh, and in particular to comments of Mr Justice Toohey. [More…]
I believe that if we are to have equal standards of justice firms like this should be exposed. [More…]
It is military justice. [More…]
Summary justice . [More…]
‘the International Commission of Jurists in Geneva revealed on June 28 that the arrest and trial procedures of the Thai political prisoners does amount to summary justice, and asked that a West German lawyer familiar with civilian Thai law attend the future trials as an observer. [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 35 cents 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…]
An excellent study was done of women, particularly migrant women in these circumstances who, not even speaking the language, were not in a position to claim decent wages and decent conditions and were not in a position to enlist the support of their union officials to fight for justice for them. [More…]
I am not going to speak about the dead, but there was a situation at that time when people onthe Arbitration Court took, to say the east, a very strange stance on the issue of wage justice for members of the Miners Federation. [More…]
I regretfully feel it necessary to intervene in this debate to set the record straight and to identify the flagrant untruths by the honourable member for Prospect and to do justice to many loyal friends in the area, to my friends in the Club Marconi and to the Club itself. [More…]
Clunies Ross estate provide for direct payment of appropriate sums of money in Australian currency to the Cocos community; a separate Cocos community fund be established for this purpose to be administered by and for the sole benefit of the community; the use of token money eventually be discontinued and replaced by Australian currency, taking into account the complexities involved; provision be made to issue local ordinances and establish better facilities for the administration of justice; health and education services be extended; rates of pay and employment conditions on Cocos aligned progressively with Australian practice and International Labour Organisation conventions; provisions be introduced to permit freedom of movement for members of the Cocos community and provision for granting Australian citizenship to Cocos Islanders born there before 1955 who did not apply for citizenship in the prescribed time with a view to making it easier for the citizens of Cocos to take out such citizenship if they wished to do so. [More…]
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 Government. [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 AmbassadorAtLarge 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. [More…]
In accordance with past practice where members of the judiciary have been appointed to executive offices- for example, the appointment of Mr Justice A. E. Woodward, when a judge of the 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 to enable Mr Justice Fox to retain his judicial status and the rights which attach to that status while Ambassador-at-Large. [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…]
His Honour has advised me that, particularly having regard to the administrative nature of his duties as Chief Justice and indeed the doubt that this assignment will be completed within a year, he proposes to resign as Chief Justice. [More…]
It is very difficult, after accumulating such a mass of conflicting facts and such a dialogue of error, to be able to come down with a report which would really give full justice to the innocent. [More…]
Two matters arose out of the investigation by the Committee of the annual report of the Australian Law Reform Commission under Mr Justice Kirby. [More…]
The second matter referred to in Mr Justice Kirby ‘s annual report was the preparation of an Australasian digest of proposals for law reform. [More…]
The progress on the digest proceeded until in the annual report of 1976 Mr Justice Kirby pointed out that the great bulk of the work on it had been completed and the manuscript was then awaiting publication. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs wrote to Mr Justice Kirby. [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…]
But a wage adjustment is not an appropriate method of doing equal justice to the single person and the family. [More…]
This title is somewhat more verbose than the title suggested by His Honour Mr Justice Hope which was at least more specific. [More…]
This legislation had its genesis in the report of the Royal Commission on Intelligence and Security presided over by His Honour Mr Justice Hope. [More…]
In the somewhat filleted report which the Parliament has had available to it since April of this year there is a quite thorough historical analysis by His Honour Mr Justice Hope of what the expression ‘intelligence’ means, what it has meant in various contexts and the history of it, and quite a lot of esoteric references to expert opinion about the role of intelligence collection and the assessment of intelligence in the international scene generally. [More…]
It is for reasons like that that I find it refreshing to read in Mr Justice Hope’s report a reference to the need for Australia to maintain a degree of self-reliance in its international posture. [More…]
The recommendation which Mr Justice Hope made in relation to this matter is borne out by experience. [More…]
In paragraph 42 of his report Mr Justice Hope again provided some degee of assurance to people concerned about the Australian intelligence community. [More…]
It is in relation to both these areas that perhaps we should be a little more sceptical, a little more critical and a little more analytical in future about the sorts of assessments referred to in paragraph 45 of the report of the Royal Commission on Intelligence and Security when we are relying on information and views from what Mr Justice Hope terms friends and allies. [More…]
As far as the Opposition is concerned, one of the things which seems to emerge about the Bill when one reads Mr Justice Hope’s report is that compared with what His Honour recommends it is a pretty sloppy piece of legislation, either by intention, design or just by sheer misadventure at the hands of the draftsmen and the Ministers responsible. [More…]
The legislation departs from the recommendations of Mr Justice Hope in one or two important particulars. [More…]
Instead of carrying out the recommendation of Mr Justice Hope, as it is obviously spelt out, we have a Director-General placed in the bizarre position of hovering like a well trained waiter between tables one of which is occupied by experts in the assessment of intelligence from the departments of Foreign Affairs and Defence and the other occupied by the experts on the Economic Assessments Board. [More…]
I do not really see why we had to embark upon a title like that when the Americans and Mr Justice Hope found much simpler language or much more relevant language in which to describe the purpose of this Bill. [More…]
Perhaps some people will argue with some of the provisions of the Bill, but I think the important thing is that we have a Bill before the Parliament which represents the views of Mr Justice Hope. [More…]
Senator Button says that the Bill does not represent the views of Mr Justice Hope. [More…]
Why then does he support it and commend it if it does not represent Mr Justice Hope’s views? [More…]
Either it does or it does not represent the views of Mr Justice Hope. [More…]
But they should not come out with this wishy-washy nonsense of saying that it does and does not- represent the views of Mr Justice Hope but we will commend it. [More…]
The Government has acted on the recommendations of Mr Justice Hope contained in a report which was commissioned- we give credit for this- by the former Government. [More…]
Mr Justice Hope made a full inquiry into Australian intelligence. [More…]
The fact is that the Government has accepted, to a great extent, as we understand it, the recommendations of Mr Justice Hope. [More…]
The Government has acted quickly in accepting the major recommendations of Mr Justice Hope. [More…]
I draw attention to a quote which Mr Hamer used in his speech from a report of Mr Justice Hope. [More…]
Mr Justice Hope stated in his report: [More…]
I think if we recognise these factors the Bm despite some criticisms that can be made about certain of its provisions, in general follows very closely the recommendations by Mr Justice Hope. [More…]
In this regard I suggest that a reading of Mr Justice Hope’s report immediately demonstrates that the Bill is not in complete agreement with his recommendations, even though the Bill does arise out of the report of Mr Justice Hope. [More…]
I believe that is contrary to what Mr Justice Hope suggested. [More…]
I believe that Mr Justice Hope found no need to split these boards. [More…]
As I said, I do not believe the functions of the new Office are exactly what Mr Justice Hope suggested. [More…]
I believe that the apparent exclusion of ASIO is contrary to what Mr Justice Hope suggested. [More…]
I am not suggesting that we have to accept the views of Mr Justice Hope or anyone else who brings a report to this Government. [More…]
I believe that one of the reasons for the existence of the Bill and the reason for the existence of Mr Justice Hope’s commission of inquiry are what the previous Government saw to be the mistakes and deficiencies in our previous intelligence operations and certainly in our intelligence assessments. [More…]
This fact was recognised by Mr Justice Hope in his report and it has been quoted by several people on both sides of Parliament in the debate. [More…]
Mr Justice Hope, in paragraph 40 of his report, said: it would be naive to imagine that overseas governments will always tell us everything they know about a particular matter. [More…]
As Mr Justice Hope said, such a belief was naive and false. [More…]
The findings of Mr Justice Hope confirm that. [More…]
I am a bit disappointed with Mr Justice Hope’s suggestion that the Australian Security Intelligence Organisation should not be included in the ambit of this body. [More…]
The National Assessments Board is probably the best we can achieve to advise the government of the day on how to apply the information- the processed information, as Mr Justice Hope says- in the interests of our national security. [More…]
I think it is fair to say that there is general acceptance of the basic findings of Mr Justice Hope. [More…]
The Government is committed to bringing about what Mr Justice Hope desired to be brought about, that is, to have an Office of National Assessments which will be effective and properly serve the national interest. [More…]
-If your misunderstanding of this Bill is such that you think it has any relationship with the Australian Security Intelligence Organisation then I am afraid you have neither read what Mr Justice Hope recommended or the Bill before the Senate because they are two completely different operations. [More…]
It will be all right if the boards carry out Mr Justice Hope ‘s recommendations or carry out the promises made in the second reading speech. [More…]
The Office may not act in accordance with the assurances given to us by the Minister, the assurances contained in the Minister’s second reading speech or even the recommendations contained in Mr Justice Hope’s report. [More…]
The Minister told us that Mr Justice Hope referred to the appropriate authorities overseas and the Minister read from the report of Mr Justice Hope. [More…]
Is the Minister aware that according to the statistical research section of the Parliamentary Library inflation, as measured by aggregating quarterly changes in the consumer price index, was 13.9 per cent in September 1976 and is estimated to be 14.6 per cent in September 1977, based on Mr Justice Ludeke ‘s use of the consumer price index in his report on medical fees for medical benefit purposes? [More…]
1 ) When is the Government likely to implement the following recommendation from the Ranger Uranium Environmental Inquiry Second Report (Fox Report): ‘That the guidelines developed by Justice Woodward for Aboriginal participation be applied to the planning and management of the whole of any national park, which is established in the region, even though part of it may not become Aboriginal land’. [More…]
The Government took up almost all the recommendations made by Mr Justice Fox, and I see no reason whatsoever for a referendum. [More…]
Under the old regulations, appeals were made to a justice or magistrate, whose decision was final. [More…]
To me that is a travesty of justice, a travesty of democracy, which leads to the very thing about which churchmen in Queensland are protesting. [More…]
It is important that they get justice and that they should not have to pay for this momentous decision alone’. [More…]
1 ) Has the Minister seen the judgment of Mr Justice James Muirhead of the Northern Territory Supreme Court in the case of appeal by Nari Andy Jabaltjari. [More…]
The problem has been brought about by a combination of factors, the major one being that the Chief Judge of the Supreme Court, Mr Justice Fox, has been occupied with the Ranger inquiry for a considerable period. [More…]
Mr Justice Brennan, the President of the Administrative Appeals Tribunal, who resides in Canberra, was expected to have more time available than he has had. [More…]
The Prime Minister announced when the appointment of Mr Justice Fox as AmbassadoratLarge was made that his position on the Supreme Court would be filled. [More…]
Mr Justice Fox has now announced his intention of actually resigning from the Court, so there is no need to amend the Act to create a new position. [More…]
In the meantime Mr Justice Joske, who has always given a good deal of his time to the Court and who was to have retired on 3 1 October 1977, has agreed to postpone his retirement until the end of the year. [More…]
I am grateful that he has been prepared to do so because it is not reasonable to expect that a judge to replace Mr Justice Fox permanently will be found immediately. [More…]
The question I must decide is, I think, whether this debate is likely to interfere with the course of justice. [More…]
Having heard your arguments and your references in your point of order, Senator Missen, I am not satisfied, at this stage at any rate, that this matter will interfere with the course of justice. [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, court martials, 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…]
In this respect an oft-quoted decision is that of Sir Frederick Jordan, the then Chief Justice of New South Wales, in ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd and another. [More…]
Should Senator Wriedt be allowed to proceed it will prejudice the rights and justice of people in Victoria. [More…]
We have in Victoria a board of inquiry which the Premier of that State, upon hearing allegations that might suggest wrong doing on the part of government employees or others, appointed and placed under the chairmanship of a former judge of the Supreme Court, Mr Justice Gowans, a man of impeccable judgment and long respected in the Victorian community. [More…]
I said earlier when I spoke to a point of order that I await the findings of Mr Justice Gowans who is continuing the inquiry. [More…]
I recommend to everyone to get away from making the cheap political speeches we hear, get out and meet the Aboriginal people and come back and discuss whether there is anything else we can do in a humanitarian way for the purpose of protecting and giving justice to people whom we have robbed in the past. [More…]
-Senator Sheil does not do his own case any justice. [More…]
On 24 September m the Johannesburg Star, which is a South African newspaper- Johannesburg is in South Africa, as Senator Jessop may know; I know he is an authority on the country but I do not know whether his knowledge is sufficiently deep to enable him to know that Johannesburg is in South Africa- in an article headed ‘Greeks speak out on Kruger’ it is reported that members of the Greek community in Johannesburg have protested against reported comments by the Minister for Justice, Mr Kruger. [More…]
Is the Minister aware that the Royal Commissioner, Mr Justice Woodward, of the New South Wales Royal Commission into Drug Trafficking is reported to have said yesterday: [More…]
Yesterday I had the benefit of a discussion with Mr Justice Williams who,’ as honourable senators know, is a very distinguished member of the Queensland Supreme Court and who has been appointed by the Commonwealth Government as a royal commissioner into the problems of drugs in Australia. [More…]
As I understand it from my discussion with His Honour yesterday, proper means certainly will be put into motion whereby there will be total co-operation between his inquiry and that being run by Mr Justice Woodward. [More…]
I hope that, arising out of Mr Justice Williams’ desire, any complaints that Mr Justice Woodward might have will be dissipated quickly. [More…]
Is the supervising scientist for the Alligator Rivers area in the field, and what sort of staff has he to achieve what Mr Justice Fox visualises? [More…]
It consists of the Chief Judge of the Family Court, Justice Elizabeth Evatt, Mr Lloyd Phillips of the National Marriage Guidance Council, Dr Jean Martin, Senior Fellow in Sociology in the Research School of Social Sciences at the Australian. [More…]
The report suggests that the remuneration payable to justices and judges of Federal courts and of the Supreme Courts of the Territories and persons who have the same status as a justice or judge of those courts, should be altered in accordance with the recommendations of the Tribunal. [More…]
The Remuneration Tribunal reported that alterations were desirable in the remuneration and travelling allowances payable to judges, including those members of the judiciary who occupy quasi-judicial positions, such as the Chairman of the Prices Justification Tribunal, at that time Mr Justice Williams, the President and Deputy Presidents of the Conciliation and Arbitration Commission, the President of the Trade Practices Tribunal, the President of the Administrative Appeals Tribunal, the Director-General of Security, Mr Justice Woodward, the Chairman of the Law Reform Commission, Mr Justice Kirby, and the Chairman of the Commonwealth Grants Commission, Mr Justice Else-Mitchell. [More…]
If one peruses the report of the 1977 review of the Remuneration Tribunal it is interesting to observe that at the time the report was brought in the remuneration of the Chief Justice of the Supreme Court of Queensland was greater than the salary payable to the Chief Justices of the High Court of Australia. [More…]
At the time of that report the salary of the Chief Justice of the Supreme Court of Queensland was $55,090 whereas the salary of the Chief Justice of the High Court of Australia was $52,500. [More…]
Under this legislation the salary of the Chief Justice of the High Court, as recommended by the Remuneration Tribunal, is to be extended to $55,000, which is still less by some $90 than the figure appearing in the Tribunal’s report as at 31 May 1977. [More…]
So notwithstanding this legislation, we have a situation where the salary of the Chief Justice of the High Court of Australia is in fact less than that payable to the Chief Justice of the Supreme Court of Queensland. [More…]
Indeed, the same situation applies on a lesser scale to salaries payable to justices of the High Court compared with those payable to justices of the Supreme Court of Queensland, and they are about the same as those payable to justices of the Supreme Court of New South Wales. [More…]
The salary of judges in five different tribunals is to be fixed at $44,000, and that is an acceptance of the principle of comparative wage justice which has been set by wage-fixing tribunals for many years as a fair system for wages and salaries. [More…]
Of course, where no such comparison can be made on the principle of comparable wage justice, there should be an uplifting of salaries or a rearrangement of positions so that people doing like work receive like rewards. [More…]
We accept for the judiciary the principle of comparable wage justice which Senator Douglas McClelland has argued and which I think the Government accepts. [More…]
If we have any spirit of justice we should not blame the strikers for trying to get what the Government accepts as suitable; we should be blaming governments and the arbitration machinery for not giving them what we accept as fair. [More…]
Honourable senators can see the lack of justice in that comparison. [More…]
His political career and beliefs are based on a deep-seated hatred of trade unions and he is longing to throw into reverse all that the ALP and the union movement have fought for over decades to achieve wage justice and decent job conditions. [More…]
These provisions are based on the recommendations of the Royal Commission- Mr Justice Sweeney- into Alleged Payments to Maritime Unions conducted during the office of the previous Government. [More…]
Police in Western Australia had acted in the most deliberate attempt to pervert justice after an incident involving Aborigines at Skull Creek, the Federal Aboriginal Affairs Minister (Mr Viner) said yesterday. [More…]
By any standards of conduct towards Aborigines or nonAborigines, this constitutes the most deliberate attempt to pervert the administration of justice’, Mr Viner said. [More…]
By any standards of conduct towards Aboriginals or nonAboriginals, this constitutes the most deliberate attempt to pervert the administration of justice’, he said. [More…]
In this case, evidence relating to the Australian Security Intelligence Organization was taken in camera at the direction of the Chief Magistrate in relation to the hearing conducted in the Court of Petty Sessions and subsequently at the direction of Mr Justice Smithers on appeal to the Supreme Court of the Australian Capital Territory. [More…]
I believe that Australians do have an enormous sense of justice and they do not believe that people ought to be forced, against a genuine conscientious belief, to belong to something which they do not believe to be just. [More…]
-This is a great example of what might be termed trade union justice. [More…]
Until the injustice which we are now prepared to recognise was rectified, there was rural revolt in our community. [More…]
Therefore they cannot receive comparable wage justice to which everyone recognises they are entitled. [More…]
One of the persons involved- Mr Justice DrakeBrockman of the Arbitration Court- is a relative of the Deputy President. [More…]
Mr Justice Drake-Brockman brought down a decision about this matter. [More…]
To his credit, Mr Justice Drake-Brockman said: ‘I ought to have the Australian Gas Light Company directors before me because they prostituted the award I made’. [More…]
We are here to make laws on behalf of the people in such a way that justice not only is done but is seen to be done, and certainly in the circumstances that we see before us to-day generally throughout the community we have an understanding of the changing nature of industrial disputation in this country. [More…]
In that way this Parliament and this Government are reflecting the needs and the wishes of the community and are ensuring that justice is seen to be done. [More…]
That is how the people of Victoria feel about the workers in the Latrobe Valley and about the justice of their cause. [More…]
Honourable members opposite sit there and smirk because men have the guts to go without for 10 weeks and to demand some sort of wage justice. [More…]
With one or two exceptions honourable senators opposite fall into the categories of estate agents, businessmen, lawyers, company directors, graziers, doctors and so on, and they always join in unison the chorus attacking those who only want wage justice and who have submitted themselves to the independent arbitration process to achieve some relative share of the wealth that is produced in this country. [More…]
Now suddenly, merely because this Government announces a continuation of the Whitlam Labor Government’s uranium policy- except that our policy provides better safeguards; except that we have Mr Justice Fox as Ambassador-at-Large to look after nonproliferation; except that generally it is a better policy- demonstrations are now occurring, demonstrations which have been whipped up by the Labor Party simply for mean political reasons. [More…]
As one senator who testified before Mr Justice Hope, I can endorse the rating that this statement gives to his extreme objectivity. [More…]
I brought cases of this kind before Mr Justice Hope. [More…]
We saw the same technique used against Mr Snedden in 1 975 over the blocking of the Budget; in late 1975 in regard to a change of mind falsely attributed just a few months ago to Mr Justice Fox concerning the export of Australian uranium; and finally, of course, the speculation, which the Prime Minister has over the last four months fed, about a premature election. [More…]
Since then we have seen the former Liberal Party Attorney-General, Sir Nigel Bowen, appointed Chief Justice of the new Federal Court of Australia; a former Liberal Party Minister, Sir David Fairbairn- one of the most undistinguished members of the Great Public School old boys association which has run this country for most of the last 25 years- appointed as Ambassador to the Hague; the former Tasmanian Liberal Party State Treasurer, Mr Gunn, appointed as a Commissioner of the Australian Broadcasting Commission; Sir Henry Bland, Mr Fraser ‘s old mate, appointed as Chairman of the ABC until he could tolerate Mr Fraser ‘s interference no longer; Sir Gordon Freeth, a former Liberal Party Minister, appointed as High Commissioner to London; and Paul Gerber- one of the very few academics in Australia who was sufficiently willing to prostitute himself in 1975 that he backed the tactics used by the parties which are now governing Australia in blocking Supply- appointed to the Taxation Review Board. [More…]
What 1 have done in the Parliament of course and as Prime Minister, was to persuade Mr Justice Fox to chair an enquiry . [More…]
One was the report of Mr Justice Fox. [More…]
There was no obligation in the memorandum of understanding for the Whitlam Labor Government to accept and adopt the report of Mr Justice Fox. [More…]
The Government has not only just given consideration to the report of Mr Justice Fox but in fact it has also adopted the vast majority of his recommendations, and in a number of areas it has gone further than the recommendations made by Mr Justice Fox. [More…]
No doubt the justices of the High Court will be as well aware as we are and everybody else is of the events that are about to take place and of the significance of them to the case before the Court. [More…]
However, in the circumstances I do believe that, whilst it might not be usual for an AttorneyGeneral to take any direct steps in regard to the giving of judgments by the High Court, I should make sure that the Chief Justice is aware of the situation. [More…]
My question is addressed to the Attorney-General and refers to the appointment of His Honour Mr Justice Treyvaud to the [More…]
A further consideration is that Mr Justice Butler has been appointed as a Family Court judge resident in northern Tasmania, and that hitherto judges of the Family Court in Victoria from time to time rendered assistance in that State. [More…]
Moreover, part of the arrangement made with Mr Justice Butler is that, because he is not expected to be fully engaged in northern Tasmania, he will be available to travel to Victoria and assist there. [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 Ambassador-at-Large. [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 allowances on that basis. [More…]
It only remains 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 Ambassador-at-Large and to His Honour’s preeminent qualifications for the task. [More…]
He goes on strike only to get some justice. [More…]
Because the people in the Latrobe Valley sought justice and an uplifting of their income they were regarded as the worst people in the world. [More…]
We talk about justice! [More…]
Justice went out the window when this Government came to office. [More…]
I wish to ask a question of the Attorney-General which refers to the current work load of the Australian Capital Territory Supreme Court and action that is now being taken to resolve the position of Mr Justice Fox, the Chief Judge. [More…]
The position is that the Prime Minister, in announcing the intended appointment of Mr Justice Fox as Ambassador-at-Large, indicated that Mr Justice Fox’s inability to continue as a judge of the Supreme Court would mean that there would have to be a further appointment to that Court and an amendment of the Act to provide for a fourth judge. [More…]
At that point, however, it was not quite clear whether Mr Justice Fox was going to resign from the Court or only from his position as Chief Judge. [More…]
It was never the intention to appoint two more judges to replace Mr Justice Fox. [More…]
The position is that Mr Justice Fox has not yet resigned as Chief Judge and an appointment cannot be made to replace him because the Act does not provide for more than a Chief Judge and two judges. [More…]
So, the resignation of Mr Justice Fox as Chief Judge- and he now intends that to be a resignation from the Australian Capital Territory Supreme Court- is a condition of any further appointment being made. [More…]
The Bill enabling Mr Justice Fox to be appointed as Ambassador-at-Large while still holding his office as a judge- despite his resignation from the Australian Capital Territory Supreme Court, he remains a judge of the Federal Court- is on the Senate Notice Paper today. [More…]
The question of the replacement of Mr Justice Fox is awaiting the passage of that legislation and his resignation as Chief Judge of the Australian Capital Territory Supreme Court. [More…]
Mr Justice Northrop reported to the Minister early in 1 976. [More…]
Mr Justice Northrop ‘s report indicated that while 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 the invitation of the Minister 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 aperies of conferences with the parties and agreement has now been reached in respect of persons nominated as port conciliators. [More…]
I am reliably informed that this reform could be introduced by a rise of 0.7c in the price of petrol throughout Australia and would enable justice to be restored to the people in country areas. [More…]
If people are to be retained in the country areas of Australia, if production in the vast hinterland is to be maintained, some justice is necessary for them. [More…]
Mr Whitlam was prepared and anxious to mine and export uranium but after intensive investigation Mr Justice Fox could not guarantee that there was no danger to human life. [More…]
In his report Mr Justice Fox said that the safeguards against nuclear weapons proliferation are inadequate at present. [More…]
What I have done in the Parliament of course and as Prime Minister, was to persuade Mr Justice Fox to chair an inquiry . [More…]
The State Government thereupon appointed two commissioners who were, I believe, Mr Justice Clarkson, Visiting Lecturer of the University of Western Australia and Mr Bridge, who is now disputing the election results in the Kimberleys. [More…]
In directing a question to the Minister representing the Minister for National Resources, I refer to the minute of the Department of Foreign Affairs, made public yesterday, of discussions held between Mr Justice Fox and Foreign Affairs officials on 29 September. [More…]
In view of the two facts that Mr Justice Fox has reported, namely, that there is general opposition overseas to the United States and Canadian propositions that there could be no reprocessing of uranium supplied by those countries without the specific approval of supplier countries and that there is concern overseas that the International Atomic Energy Agency may not be able to administer nuclear safeguards satisfactorily, how does the Australian Government intend to maintain the fictional assurances given to the Australian people that Australian safeguards will be met completely by overseas takers of our uranium exports? [More…]
Mr Justice Fox is alleged to have said that ‘he believed that Australia had a responsibility to try to develop the concept’ and that ‘we were “clean skinned” and were now in a position to exert influence’. [More…]
I am delighted, if the document is accurate- we all expected it- because we are on all fours with Mr Justice Fox. [More…]
I repeat that the document, referring to Mr Justice Fox, states: [More…]
The simply stated purpose of the Bill is to provide certain machinery circumstances in relation to Mr Justice Fox and his appointment as AmbassadoratLarge for the Australian Government in relation to matters concerning nuclear non-proliferation and nuclear safeguards, and to provide for continuity of service in a judicial capacity for Mr Justice Fox during the time he occupies the position of Ambassador-at-Large. [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…]
One of the consequences of the activities of Mr Justice Fox in the past few months has been a substantial crisis situation for the Supreme Court of the Australian Capital Territory. [More…]
Perhaps this is an opportune time to draw attention to the document which has already been discussed in the Senate this morning during Question Time in relation to Mr Justice Fox’s views of the international situation regarding nuclear safeguards and proliferation. [More…]
If there is to be any solution to the problems which Mr Justice Fox suggests, in the statement made to the officers of the Department of Foreign Affairs, exists, we can only hope that he is successful in finding those solutions. [More…]
I have the highest regard for His Honour Mr Justice Fox. [More…]
It is designed to enable the appointment of Mr Justice Fox as Ambassador-at-Large, to represent Australia in its endeavours to secure a strengthened nuclear non-proliferation regime, without this appointment impinging on his rights as a judge. [More…]
Therefore, because of the importance of the office of Ambassador-at-Large upon the duties of which Mr Justice Fox already has embarked, this Bill which puts at rest any doubt that this appointment can be made is a most important measure. [More…]
In the negotiations for the appointment of Mr Justice Fox as Ambassador-at-Large the question of what ought to be done to replace him during the time that he would be absent from the Australian Capital Territory Supreme Court was given very close consideration. [More…]
Whether the Australian Capital Territory Supreme Court legislation had to be amended to increase the number of judges depended on the nature of the resignation of Mr Justice Fox and that was the only reason for the reference to increasing the size of the Court. [More…]
However, when it was clear that Mr Justice Fox did not wish to remain a judge of the Australian Capital Territory Supreme Court but wished simply to remain a judge of the Federal Court, it then was not necessary to amend the Act because his resignation provides a vacancy for one additional judge whom it was intended to appoint anyway. [More…]
The passage of this Bill through the Senate will enable the resignation of Mr Justice Fox as Chief Judge and as a judge of the Australian Capital Territory Supreme Court to take effect and the Government then will be in a position to proceed with the appointment of his replacement on that Court. [More…]
Senator Wright has criticised the way in which the salary and pension of Mr Justice Fox are dealt with in this legislation. [More…]
I simply say that in the Government’s view Mr Justice Fox is making a considerable sacrifice in resigning as Chief Judge of the Australian Capital Territory Supreme Court in order to undertake this important task not only in Australia’s national interest but also in the international interest. [More…]
Certainly the Bill provides that on the retirement of Mr Justice Fox from judicial office his pension under the Judges Pensions Act will be calculated on the basis of the salary he would have received if at that time he had been Chief Judge of the Australian Capital Territory Supreme Court in addition to being a judge of the Federal Court. [More…]
The justification for that action is that Mr Justice Fox, as Chief Judge of the Australian Capital Territory Supreme Court and a judge of the Federal Court of Australia, would have expected, in the ordinary course of events, to have continued in that office receiving the emoluments and status of that office as Chief Judge for the rest of his working life and in the exercise of his judicial functions for that time. [More…]
However, that does not answer the question I raised, that it makes Mr Justice Fox’s emoluments ambulatory, in particular in respect of clause 3 (b) of the Bill which refers to salary and allowances of the office of Chief Justice continuing during his appointment as Ambassadoratlarge. [More…]
If this is a temporary appointment, the proposed appointee must decide whether the appointment is consistent with the retention of the office of Chief Justice. [More…]
If it is not consistent and the proposed appointee resigns from the office of Chief Justice, then the lawful consequences should take place without exceptional provision. [More…]
I conclude by observing that, if my recollection is right, Sir John Latham was Chief Justice of the High Court and did not resign. [More…]
At the time of the appointment of Mr Justice Dixon, he was not Chief Justice and he retained his office. [More…]
The appointments of Sir John Latham and Mr Justice Dixon were of tremendous importance having regard to the gathering war clouds in Japan. [More…]
When Sir John Latham took up his duties and when Mr Justice Dixon went to the United States of America this country was in the darkest throes of one of the greatest struggles in history. [More…]
If we are not allowed to express an opinion on the way in which the GovernorGeneral has carried out his duties, complete freedom and the right of justice is taken away from every senator in this chamber. [More…]
Mr Justice Woodward, Mr Justice Northrop and others have taken part in inquiries relating to problems in the stevedoring industry. [More…]
Certainly Mr Justice Northrop, when he considered this matter, seemed to come down with no very definite view on this question; rather, he posed the alternatives as, in a sense, I am doing again now. [More…]
It was announced by the Minister for Employment and Industrial Relations (Mr Street) who fathered this scheme- or who adopted it, I should say, because the father of it is Mr Justice Kirby- [More…]
After making a left hand remark about the Government having taken a whole year to get Mr Justice Kirby to process the waterside workers’ proposals this gentleman said: [More…]
Of course, Mr Justice Kirby, having great experience in the arbitration field, has scoffed at the idea, every time it was put up by a Liberal Minister, that the Australian Conciliation and Arbitration Commission should have regard for economic interests. [More…]
Then, having been given most favourable treatment on retirement in the form of a double serve of long service leave by Mr Whitlam ‘s personal decision- we were told here in answer to one of my questions that Mr Justice Kirby received a handshake of $62,000 when he quit the judicial bench- he immediately proceeded to organise the house for Labor in Canberra. [More…]
With those antecedents I say that Mr Justice Kirby ‘s structure of the foundation of this Bill gives me no confidence at all. [More…]
-I am criticising the presentation of this Bill and its formulation and shall show that this Bill should not be passed but should be referred to a select committee because one of the geniuses of Mr Justice Kirby was to shy-off from this elephant in the path- the factor that had given rise to this surplus labour, idle time and redundancy. [More…]
Mr Justice Kirby accepted it and did not deter his colleagues from endorsing it. [More…]
That was the means adopted preparatory to Mr Justice Kirby ‘s conference, whereas the only proper approach to this problem should have been to try to get agreement upon those matters, solving them on ordinary decent principles consistent with general conditions in industry. [More…]
However, when Mr Justice Kirby came on the scene- he has been described as a pragmatic personhe said: ‘Do not meet difficulties half way. [More…]
Therefore it was quite acceptable to him, and subsequently to the Minister, to construct a scheme in replacement for the old weekly hiring “scheme put forward by Mr Justice Woodward which had been bedevilled by the absence of capacity to retrench or get rid of surplus employment. [More…]
They were enunciated by Mr Justice Northrop, as he later became, but he did not advance a view as to which he preferred. [More…]
One was Mr Justice Robinson who looked at the subject of accelerating redundancy. [More…]
According to the report of Mr Justice Northrop, as he now is, that would mean virtually that the Government would need to come in and nationalise the stevedoring industry. [More…]
If it is to deal with the problems of the industry in the way in which Senator Wright believes it ought to deal with them, it does seem that that would be the only way in which the Government could exercise the authority suggested by Senator Wright, and apparently suggested by others to Mr Justice Northrop. [More…]
Indeed, Mr Justice Northrop made it quite clear that the choice was between a more direct role for the Government and a withdrawal, as far as possible, by the Government. [More…]
That result has been achieved through the policies pursued by this Government, and in recent months through the negotiations that have gone on under the chairmanship of Mr Justice Robinson. [More…]
That is where the genius of Mr Justice Kerr comes in for not revealing the full content of the gap in the agreement. [More…]
I am sure that Senator Wright has read Mr Justice Moore’s various reports on this subject. [More…]
There are some honest members on that side of the House, and I believe that if a case is made out they will vote on the principle of honesty and justice. [More…]
The Opposition Leader (Mr Burns) today lodged a complaint with the Justice Minister (Mr Lickiss) concerning yesterday’s election campaign statement in Mount Isa by the Premier (Mr Bjelke-Petersen). [More…]
I refer to the Minister for Foreign Affairs’ statement on the This Day Tonight program two nights ago in which he indicated that it was not his intention to allow Mr Justice Fox to comment publicly on the findings of his recent overseas examination of world nuclear safeguards policy, despite the fact that there is a great deal of confusion over the Judge ‘s findings. [More…]
Will the Minister agree that the reluctance by the Foreign Affairs Minister to allow Mr Justice Fox to speak directly to the Australian people on this crucial matter- a matter on which the people will be expected to vote in a few weeks time- is serving to confuse the uranium debate and hence cast more doubts by the Australian people about the Government’s policy? [More…]
I think the trouble is that those flat earthers who are opposed to the mining and export of uranium are a bit cranky because Mr Justice Fox is not saying the things they would like him to say. [More…]
I ask the AttorneyGeneral: As legislation relating to the position of Mr Justice Fox- I understand he is now Ambassador Fox-has been passed by the Parliament and, I understand, has been assented to, is the Attorney-General able to make any announcement concerning the Australian Capital Territory Supreme Court, particularly concerning a replacement for Ambassador Fox? [More…]
Following the passage through the Senate of legislation yesterday and its subsequent assent early yesterday evening by the Governor-General, I am pleased to announce the appointment of Mr Justice Blackburn as Chief Judge of the Supreme Court of the Australian Capital Territory and the appointment of Mr Douglas McGregor, Q.C., as a judge of the Supreme Court of the Australian Capital Territory as well as a judge of the Federal Court of Australia. [More…]
Mr Justice Blackburn has been a judge of the Australian Capital Territory Supreme Court since 1971 and, prior to that was a judge of the Supreme Court of the Northern Territory from 1966. [More…]
During the absence of Mr Justice Fox on the Ranger Uranium Evironmental Inquiry, Mr Justice Blackburn, as senior judge, has virtually been acting as the Chief Judge of the Supreme Court of the Australian Capital Territory. [More…]
I have said time and time again that Australia must go into the uranium business if, in Mr Justice Fox’s words, we are going to be able to play our proper part in the world and stop the proliferation of nuclear weapons. [More…]
I do not know the individual involved and am not that much concerned other than to see that justice is done. [More…]
Has the Minister noted the remarks of Mr Justice Toohey in his first report in accordance with the provisions of the Aboriginal Land Rights (Northern Territory) Act 1976, where he has stated that the Act is not as clear as it might be with regard to the proper construction to be given to section 50 (3) of the Act. [More…]
On that basis, Senator Ryan and Senator Wriedt are trying once again to see that the decline goes on and that ordinary social justice shall not prevail. [More…]
In the report of the Committee, the Committee assures honourable senators that it is both proper and desirable that old assumptions in the law of evidence can be and ought to be relaxed in the interests of justice. [More…]
One can remember a distinguished Minister for Justice in Queensland saying during a television interview that in Queensland vagrancy was considered a very serious crime; that therefore the police treated it very seriously. [More…]
I must emphasise that I am not one of those who believe that the warrantor system should be scrapped, but I would say that as an absolute minimum, any person who is to be warrantor for a number of homeless persons, pensioners or beneficiaries generally in the community, particularly those who act for a number, should be scrutinised regularly to ensure that justice is being done to the warrantees. [More…]
Mr Justice Steven of the High Court plainly agreed with the Opposition and if one needs further confirmation it lies in section 14 of the Bill: The Government has been forced to introduce legislation to deprive school leavers of unemployment benefits for that six-week period. [More…]
We are also concerned at the Government’s failure to note almost all of the recommendations which have come out on unemployment benefits- - namely, in the Myers report, the reports of Professor Henderson, the poverty inquiry and others- that if you abolish payment in advance, replacing it by payment in arrears, in order to have justice you must also abolish the seven-day waiting period which presently applies. [More…]
We then would have true justice and true reform, instead of this piecemeal approach which is being used as a means of cutting down expenditure on social security. [More…]
We believe that this legislation, as well as the decision given by Mr Justice Stephen in the High Court, vindicates the attitude taken by the Opposition at that time. [More…]
I am pleased to note that the Minister for Social Security (Senator Guilfoyle) does not believe that Mr Justice Stevens in any way upheld that view in his judgment. [More…]
My only comment on that is that if Mr Justice Stevens did not uphold that view I fail to see the necessity for the introduction of this amendment. [More…]
In fact, in our view and in the view of all commentators on the subject, Mr Justice Stevens did uphold that view. [More…]
Whilst the clause is legalising something which the Government did illegally to school leavers last year, although it has claimed that it was within its rights in doing what it did and has maintained by inference that Mr Justice Stephen upheld its actions, Senator Grimes has pointed out that if what the Government did to school leavers last year was legal there is no reason to have this clause placed in the Act. [More…]
Justice must not only be done but also it must be seen to be done. [More…]
People involved in industry, the Justice in Broadcasting groups, have called it bad. [More…]
This criticism of the Bill has been made by an organisation to which one honourable senator opposite referred, the organisation called Justice in Broadcasting. [More…]
Let it not be thought that the organisation Justice in Broadcasting is some wild, radical and revolutionary organisation. [More…]
But on the other hand, I think that there is justice in the criticism that has been made. [More…]
Justice was done by a much better Attorney-General in Tom Hughes. [More…]
But we pointed out at the time of its introduction that if the family allowance were introduced in this way and if tax rebates for children were abolished, if justice was to be maintained, it was essential that that family allowance should be regularly upgraded. [More…]
In the same recommendation Professor Henderson recommended that the supporting mothers’ benefit should be a Commonwealth responsibility, and that to maintain justice in the community home care help, infant welfare, child care and general accommodation services for women in distress and children in distress should be upgraded and should be funded. [More…]
I believe that the Minister’s ability to read such statements effectively did it more than justice. [More…]
So if there are two sides before this quasi-judicial body, the Tribunal has to decide what should be the justice of the situation in regard to those opposing sides- one representing a proprietary interest and the other, one would think, representing a public interest. [More…]
1) Is the Prime Minister aware that on 17 October 1975 Mr Justice Murphy, in his written reasons for the decision in the case, The Commonwealth v. The State of Queensland, referred to and quoted from a dispatch sent by the Governor-General General to the Governor of Queensland concerning a petition to Her Majesty the Queen which had requested a reference to the Judicial Committee of the Privy Council. [More…]
I refer the honourable senator to the answer to question 2 above and to the advice to Her Majesty by Her Australian Ministers as set out in the letter contained in the judgment of Mr Justice Murphy. [More…]
How will the Australian Government ensure that Aus.tralian safeguards will be completely met by overseas takers of our uranium exports, in view of Mr Justice Fox’s report of 29 September 1977, recorded in a Foreign Affairs Departmental minute made public on 2 November 1977, that: (a) there is general opposition overseas to the United States and Canadian proposition that there could be no reprocessing of uranium supplied by these countries without the specific approval of supplier countries; and (b) there is concern overseas that the International Atomic Energy Agency may not be able to administer safeguards satisfactorily. [More…]
-I adhere to the longstanding rule endorsed by Mr Justice Hope that in general the Government will not answer questions in relation to security and the activities of its security organisations. [More…]
Mr Justice Hope, in his report, indicated that in his opinion it was a proper relationship but it was one that should be formalised between governments. [More…]
He stated during a hearing before Mr Justice Williams in Launceston last week that the media had created the impression that the taking of drugs was so common that it was thought to be fashionable and the thing to do. [More…]
What I find extraordinary about the inclusion of this suggestion in the GovernorGeneral ‘s Speech of the setting up of an inquiry under Mr Justice Bowen to look into this matter is that in many senses it is an insult to the Parliament. [More…]
I recall that at the time of his appointment to the position of Chief Justice of the High Court of Australia from this Parliament some years ago- that, of course, is not jobs for the boys, any more than Sir John Spicer’s appointment was or Sir Nigel Bowen’s appointment was- Sir Garfield Barwick, in justification of his appointment, made a point that I think has some validity. [More…]
The State Government had no alternative other than to dismiss Mr Salisbury because Mr Acting Justice White ‘s report disclosed that the Special Branch of the South Australian Police Force was not a collector of security material; it was a collector for the Liberal Party of information about the Australian Labor Party members and trade unionists. [More…]
The source of information for the Liberal Party was threatened with destruction as a result of Mr Acting Justice White’s report. [More…]
Three distinguished Australian citizens- Justice Evatt, an archbishop of my own church, and a leading public figure- spent a long time preparing the report. [More…]
Until you can get some justice let them do it all themselves and let them pay your husband the sort of wage that will cover the needs of you and your family without you being sold into slavery all your life. [More…]
Trade unions, governments, and employers have let one man’s wage drift so far back that it will no longer keep a wife and family and so we have the family income made up of two people’s wages, and in my opinion one of those people gets less than justice in the market place. [More…]
Of course, the Government is involved in a major review of the laws relating to security in this country as a result of the royal commission inquiry by Mr Justice Hope which was set up by the Labor Government, of which Senator Mulvihill was a supporter. [More…]
Mr Justice Hope reported to this Government, and the Government has accepted his report, part of which will involve amendments to legislation. [More…]
Mr Justice Hope made major recommendations about the reform of the Australian Security Intelligence Organisation, but he also made some recommendations about the establishment of a security appeals tribunal. [More…]
The time-honoured practice of Ministers responsible for security not answering questions in the Parliament on the matter was affirmed by Mr Justice Hope. [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…]
I am happy to be able to advise the House that the 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…]
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 take 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, of course, present the opportunity for Parliamentary examination of the relevant issues. [More…]
The review to be undertaken by Mr Justice Hope does not detract in any way from this responsibility. [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…]
I urge the Government to ensure that justice is done to the people in the industry in Victoria who are being disadvantaged. [More…]
I trust that the Government in framing its next Budget will give earnest consideration to introducing some initiatives which would give a measure of justice to country telephone subscribers, perhaps along the lines proposed in the fuel equalisation scheme. [More…]
I do not suggest there is a true parallel between the two, but that is the type of relief which is required to give some justice to country subscribers. [More…]
When will the Minister authorise the installation of air-conditioning in Commonwealth vehicles in the interests of public health and safety and to provide elementary justice to Commonwealth drivers? [More…]
He will be aware that the Commonwealth Law Reform Commission, under the chairmanship of Mr Justice Kirby, has been considering reform of the law of defamation and the desirability of introducing legislation specifically creating legally enforceable rights to privacy in certain areas of human behaviour. [More…]
I am not being critical in saying that because industrial matters were dealt with by people such as Mr Justice Taylor, who was an extremely competent conciliator, and Sir William Hudson, who was a good administrator. [More…]
I raised with him- I think it was one of those occasions when he was ducking and weaving on the ropes- the subject of the way in which Mr Justice Smithers was able to obtain information about the calibre of Australian Security Intelligence Organisation operatives and their recruitmenttheir immaturity was under consideration in this case- that had been denied to the elected members of parliament. [More…]
This morning the Attorney-General took refuge in the report of Mr Justice Hope, indicating that it did not go that far. [More…]
As honourable senators know, I spent about 45 minutes making submissions to Mr Justice Hope concerning certain injustices among some ethnic people. [More…]
I make that point because, obviously, the expenditure on security that the Prime Minister plans- and I am not at this time cavilling at that- is such that we are entitled to such information as Mr Justice Smithers obtained. [More…]
Some of them were legitimate, but one of the complaints they made was that they came before Mr Justice Berry who was an Englishman himself. [More…]
Mr Justice Fox said that we should export uranium. [More…]
The officers of my Department who are concerned with this Bill have been particularly concerned with the implementation of the Government’s decisions in relation to Mr Justice Hope’s report on security. [More…]
From the point of view of social justice, equity and the capacity of citizens, whatever their economic circumstances, to seek redress in the courts, in general we are opposed to the imposition of court fees and, more specifically, to the reintroduction of court fees through legislation of the Parliament. [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…]
In this Parliament two days ago, I drew attention to Sir John’s long and notable career of public service, and to the fact that both as Chief Justice of the Supreme Court of New South Wales and as Governor-General, he would have been able to devote more of his life to serving Australia had not most unusual events intervened. [More…]
As I am a New South Welshman it is to be hoped that the Premier of our State, Mr Wran, will recognise now, that he is confronted with estate duty abolition to the north and to the south of his State and also in the Federal scene, that to save jobs and to pass on justice to the people of New South Wales he too must see fit to abolish that duty. [More…]
Once I had made up my mind, for my own part, what I must do if Mr Whitlam persisted in his stated intentions,I contacted the Chief Justice of Australia, Sir Garfield Barwick. [More…]
The achievements of the boilermaker’s son from Balmain who became Chief Justice of New South Wales and eventually GovernorGeneral certainly speak for themselves. [More…]
No, it does not, but justice does. [More…]
Justice was done to them, so why cannot justice be done to people like Bill Wood? [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 interests, which is about to be undertaken by His Honour Mr Justice Bowen. [More…]
With some of those complex matters I go to various lengths to try to obtain justice for people. [More…]
It is urgent that the Senate and the House of Representatives in the Parliament assembled, will observe common justice and proper humanity by inviting only authorised representatives of the present government of Rhodesia to Australia, to do what they have been deprived to do previously, present their case fully and publicly so that this can be examined and tested, without interference, and so that the eventual impact on Australia ‘s own security and defence alliances can be gauged with better accuracy. [More…]
I suggest to the Attorney-General that even if the facts were not identical, even if they were fairly substantially different, if it appeared that certificates were being issued in the case of an incursion into one country within the meaning of the Act but were not being issued in the case of an incursion into another country, considerable disquiet about political interference with the administration of justice could result. [More…]
My question to the Attorney-General relates to references that I made in my remarks on the Address-in-Reply to the Governor-General’s Speech concerning disclosures in the case before Mr Justice Smithers about immature people being recruited as Australian Security Intelligence Organisation officers. [More…]
I ask the Attorney-General: In view of the information that Mr Justice Smithers obtained, are we to infer that senators are not regarded as adequate security risks, and cannot have that information, or may the committee that he well knows I have eulogised in my remarks have access to the transcript of that case? [More…]
I am not suggesting that Mr Justice Woodward and responsible officers of ASIO would have anything to do with an incident like that. [More…]
There are people in organisations such as ASIO whom Mr Justice Hope has described as immature. [More…]
I refer the Senate to the report of Mr Acting Justice White relating to Special Branch security records in South Australia. [More…]
The next classification Mr Acting Justice [More…]
Mr Acting Justice White went on to deal with that category. [More…]
The case of South Australia and the observations made by Mr Justice Hope about State Special Branches make it clear that a drastic overhaul of the systems will be needed to protect civil liberties, to place police intelligence activities firmly under the guidance and control of elected political authorities, and to give people who have been the subjects of security reports access to these reports and the means to appeal against them. [More…]
A summary of the findings of Mr Justice Hope in relation to that Organisation was that it could not keep even a filing system but was keeping files on all sorts of people, as has been revealed in South Australia, without being able to operate a filing system in even the most elementary way. [More…]
Our friend Senator Button mentioned Acting Justice White who was given a clear set of terms of reference as to how he should go into this question. [More…]
Conservationists have distinct reservations even about the Alligator River in the Northern Territory because, even accepting the question of the Ranger Mine, we notice that Mr Justice Fox suggests that development take place in a number of stages. [More…]
-I ask the AttorneyGeneral whether he has studied further the suggestions that I made during the debate on the Address-in-Reply to the Speech of the Governor-General when I contrasted the accessibility of the Australian Security Intelligence Organisation’s recruitment procedures to Mr Justice Smithers and to this Parliament which, although it authorises the expenditure, has no such information. [More…]
The third opportunity reads: to direct and co-ordinate education in criminology, especially in relation to the criminal justice services; [More…]
I think the judges and magistrates who deal with the people who are ultimately brought to justice- of course, they do not all get caught- would agree that one can trace in a number of the cases which do come before the courts some connection between the drug scene and the people who are ultimately convicted. [More…]
There was a time, when in the criminal justice system world, Australia was an outside country with only peripheral contact with the famous centres of study and learning in the criminal sciences. [More…]
The Institute continues to maintain a close interest in the establishment of uniform crime and criminal justice statistics for the whole of Australia and has continued to work closely with the Australian Bureau of Statistics to achieve this goal. [More…]
The major research projects cover a wide field: The position of police unions and their impact on police administration; juvenile justice; and white collar crime, which I have mentioned already. [More…]
The Institute ‘s activities cover such diverse aspects as a seminar of prison psychologists, the role of the police in juvenile delinquency and criminal justice research methodology. [More…]
The total cost of crime and criminal justice services in Australia was estimated to be at least $ 1,000m last year. [More…]
They should appreciate what is said on just one page I have open before me in a volume called Crime and Justice in Australia edited by David Biles. [More…]
It is by this exercise of discretion that police forces, and indeed criminal justice generally, are to a significant degree judged. [More…]
It was puzzling for me to be there for the first time and see that the magistrates court was not in a sense a court of justice, a place of neutrality where the rights of the person arrested or charged were protected by the prosecutor. [More…]
I believe the element of justice simply vanishes when the convenience of the prosecutor is put before the convenience of the alleged offender. [More…]
If we are to have an enlightened system of justice in this country- I believe that the work of this Institute may be leading to that objective- we must do all those things which ensure that the offender’s rights are in no way jeopardised, even if that may result in a guilty person escaping justice [More…]
Initially there was a miscarriage of justice. [More…]
Justice was done. [More…]
In making this request I am suggesting not that the Government should appear to be unduly interfering in the internal affairs of another country or reflecting on the administration of justice in that country, nor that former Prime Ministers should have some preferential treatment, but that the Government should point out that the execution of a former head of government by a government composed of his political opponents would have at least the appearance of being a somewhat barbarous act which would make it rather difficult in future to conduct civilised relations with the Government of Pakistan. [More…]
Is it a fact that the Chief Justice of the High Court of Australia, Sir Garfield Barwick, has recently paid several visits to the historic homestead of Lanyon in the Australian Capital Territory which has been gazetted on the register of the Australian Heritage Commission? [More…]
Were the visits of the Chief Justice to Lanyon occasioned by his desire to have this mansion allocated by the Government for occupancy by the Chief Justice when the High Court is established permanently in Canberra? [More…]
Does the Government intend to gratify this wish of the Chief Justice? [More…]
I am not aware of whether the Chief Justice visited Lanyon. [More…]
The purpose of the Chief Justice in visiting Lanyon is a matter for response by the Chief Justice himself if he so desires. [More…]
My understanding is that the present Chief Justice has been enormously interested in the Australian Heritage Commission and the environment. [More…]
When will action be effected to ensure that all children can be treated with equal justice by the Courts and that other deficiencies arising in Family Law legislation through recent decisions of the High Court can be eliminated. [More…]
Senator Walsh has moved an amendment, not opposing the passage of the Bill but expressing an opinion as to its inadequacy and shortcomings when considered in the light of the coalition parties’ election promise and also in the light of reports received on the petroleum industry in this country, such as the report of the Royal Commission into Petroleum conducted by Mr Justice Collins. [More…]
It surprises me and it is always unusual to see a Bill such as this introduced by a Government whose members and supporters continually harp on the importance of free markets and allowing market forces to hold sway so that we will all get justice. [More…]
The fourth report of the Royal Commission on Petroleum- the report by Justice Collins- made no bones about its conclusions in regard to what it thought of the present situation. [More…]
Justice Collins says in paragraph 31.1 on page 32 1 of the report: [More…]
Then Justice Collins finally sums up the situation by saying: [More…]
But Mr Justice Collins goes into great detail further on in his report about the manner in which the market has been manipulated, torn about, jumped upon and everything else. [More…]
That situation is confusing not only to Justice Collins but also to everyone else in the community. [More…]
The commissioner calls for administrative and pricing policies to bring justice to the industry. [More…]
Given that that situation exists, legislation is now being introduced to affect an industry about which we know little, which is notorious for its secrecy, and whose marketing and retailing system, in the words of Mr Justice Collins, is ‘just a mess’. [More…]
They will be supplied by those same oil companies which, according to Mr Justice Collins in his Royal Commission report, are notorious for their practice of cross subsidy. [More…]
Its practices are irrational and secretive, as Justice Collins said. [More…]
-I support the States Grants (Petroleum Products) Bill which, despite what has been said by Senator Walsh and Senator Grimes of the Opposition, restores a measure of justice to people who live outside the capital cities of Australia. [More…]
One would not be doing justice to people who represent that State in the Parliament if one did not concede that there are freight problems, apart altogether from the matter covered by this Bill, which are apparent in relation to Tasmania. [More…]
1 have indicated already that this Bill will restore to producers in the country areas of Australia a measure of justice which was denied them during the three years of Labor Government. [More…]
I welcome the legislation as a redemption of the Government’s election promise and a worthwhile initiative to return a measure of justice to the rural community of which it was deprived by the Labor Government during its term of office from 1972 to 1974. [More…]
It is a first step to implement the election policy of the Prime Minister and I look forward to the day, with some optimism, when there will be complete justice for people in isolated areas of Australia, so that they will pay no more for their petrol than do their counterparts in the capital cities of the nation. [More…]
We have heard Senator Tehan make the remark that this Bill restores a measure of justice; also, that it fulfils an election promise. [More…]
-I ask the AttorneyGeneral: Did Justice Elizabeth Evatt hold talks in Brisbane with the six judges of the Family Court bench of Queensland last Friday? [More…]
I am not aware of the full reasons for a visit to Brisbane by Justice Evatt last week to which Senator Colston referred. [More…]
This strategy appears closely similar to the ‘Land Rights’ philosophies conceived through a commission given Mr Justice Woodward . [More…]
Decentralisation and return to home lands pre-dated Mr Justice Woodward’s commission by a decade. [More…]
Sir, we are appalled at the innuendoes, the distortions and the obvious blatant attempts to discredit the Church apparently because we have stood strongly for truth and justice in Aboriginal affairs in your State. [More…]
In May 1970 they commenced an action in the Northern Territory Supreme Court against Nabalco and in April 1971 Mr Justice Blackburn gave his decision on the case. [More…]
Obviously, it would not have been in the interests of justice to make such a report available at that stage. [More…]
This would also assist the introduction of legislation to make provision for carrying out our Party’s policy and the recommendation of Mr Justice Woodward; that is, the provision of proper land rights for Aboriginals. [More…]
This provision seems to us to ignore completely the vital recommendations that were made by Mr Justice Woodward in his report in which he dealt so eloquently with the problems of Aboriginals. [More…]
Mr Justice Woodward, the Chairman of the Aboriginal Land Rights Commission, said in his report: [More…]
I do not wish to delay the Committee, but I think this should be placed on record: It was Mr Justice Woodward ‘s specific recommendation in his second report that titles should not be vested in community councils. [More…]
and my own Department are also observing closely the progress being made in South Australia by the Committee of Inquiry headed by Justice Bright, which is presently examining the rights of handicapped people. [More…]
It certainly does not carry out what the Opposition intended by its policy and that was to give justice to people living in semi-remote and remote areas in the price of fuel, particularly petrol. [More…]
I say that regardless of what Mr Justice Collins said. [More…]
The interjection I made was that this point was not supported by the fourth report of the Royal Commission into Petroleum, chaired by Mr Justice Collins. [More…]
If this is recognised, as to me the Bill certainly underlines, the contribution for a similar period by the divorced spouse must also in terms of justice be recognised. [More…]
In this case, when we became aware of the investigations leading up to the present situation and of the possible scale of the alleged offences, we co-operated to ensure that the course of justice was not interfered with. [More…]
The second point I wish to raise, which also concerns the community involved, deals with the question of justice for those migrants who in future may surfer from such disorders, or in fact from any disorders that may entitle them to sickness or invalid pensions. [More…]
The publicity given to the case requires that a clear explanation of the events is given not only to ensure that justice is done to both the taxpayer and the individual migrant but also to assist the community in understanding the difficulties which the Greek community is having in the present case. [More…]
The announcement of that policy was made only after long and careful consideration by the Government of the recommendations of the Ranger Inquiry conducted under Mr Justice Fox as presiding Commissioner. [More…]
Mr Justice Fox, Australia’s AmbassadoratLarge on Nuclear Non-proliferation and Safeguards, is fully engaged in Australia’s effort at INFCE. [More…]
Let it not be forgotten that these are the radical feminists who are the real enemies of justice for the vast majority of women, women who are working in the home doing the most important job in the world, raising future citizens. [More…]
Can the Minister inform the Parliament whether it will be possible for the Australian Government to fund a case on behalf of Aborigines and their title to land rights in Queensland to the International Court of Justice? [More…]
One can come to the conclusion only that the Aborigines of Queensland have been betrayed as a result of this agreement which can only be described as infamous and denying justice at the very point in time when we felt that the principles of self-management were going to be applied, in the first instance to Mornington Island and Aurukun. [More…]
I would be doing less than justice to the Minister if I did not at this stage congratulate him publicly on ensuring that those suggestions were carried forward. [More…]
We should remember what was said by the then Mr Justice Dixon, the leading justice in the Communist Party dissolution case, when he struck down an arbitrary Bill that did this Parliament no credit. [More…]
I supported that Bill, with my inadequate understanding, but I never supported it again after I received the enlightenment of Mr Justice Dixon, who said that history, and not only ancient history, shows that when democratic institutions have been superseded they have been superseded not seldom from within. [More…]
Under the advice of a conference presided over by Mr Justice Robinson at first and then the Ministerforsaking the advice of his colleagues and preferring the advice of Sir Richard Kirby, who was paid upwards of $6,000 at the rate of $125 a day- was misled, I believe, into the situation of accepting an extravagant program of redundancy payments, the like of which ought to shock the whole community. [More…]
In view of the fact that the review of protective security to be undertaken by Mr Justice Hope will include a review of the relationship between State, Territorial and Commonwealth police and in view of the fact that Mr Justice Hope is presently calling for public submissions, may we assume that the Government will make no decision on the Mark report until the second Hope report has been presented and made public? [More…]
Naturally the inquiry upon which Mr Justice Hope is about to embark will affect some aspects of the Mark report. [More…]
Whilst it may be true that some aspects cannot be resolved until Mr Justice Hope’s report is before the Government, it may well be that some areas can be resolved before then. [More…]
The damage to community relations and the reputation of our system of justice resulting from the conduct of the authorities in the alleged social security frauds in Sydney. [More…]
It is for several reasons that I raise this matter of public importance, namely, the damage to the community relations and the reputation of our system of justice resulting from the conduct of the authorities in the alleged social security frauds in Sydney. [More…]
We believe that there is a section of the community which is concerned that it has been treated in a discriminatory manner and has not received justice in the sense that it has been accused of being guilty rather than presumed to be innocent. [More…]
The Opposition knew there would be investigations and we on this side avoided comment because we did not want to interfere with the course of justice. [More…]
The matters of concern do not come under the heading of matters sub judice and I believe they should be answered in this Parliament, because it is important that justice is seen to be done, that hardship is not occurring and that the situation of people not born in Australia being treated as secondclass citizens should not be created or, if already created, should be eradicated. [More…]
We are dealing with a group of people many of whom do not have a good knowledge of English and who have very little knowledge of our social security system and our system of justice. [More…]
When they came to this country they were told that we have a British system of justice which believes that people are innocent until they are proven guilty. [More…]
Senator Grimes has introduced this matter of public importance in which he has stated that he is concerned at the damage to community relations and the reputation of our system of justice resulting from the conduct of the authorities in the alleged social security frauds in Sydney. [More…]
His motion refers to our system of justice. [More…]
He should be aware that that is our system of justice. [More…]
Senator Grimes preferred to call it a scandal and preferred to say that people are considered to be guilty until proven innocent, but in doing so he is disregarding the system of justice in this country. [More…]
The damage to community relations and the reputation of our system of justice resulting from the conduct of the authorities in the alleged social security frauds in Sydney. [More…]
Senator Guilfoyle pointed out that under our system of justice no one is in fact guilty until he is so proven in a court of law. [More…]
That seems to me to be quite an inadequate answer to the situation as we know that in Australia one is not only tried in the courts of justice but also tried in the kangaroo court of the media. [More…]
I do not believe it to be in the interests of either the community or of justice that they did. [More…]
The wording, ‘The damage to community relations and the reputation of our system of justice resulting from the conduct of the authorities, . [More…]
The damage to community relations and the reputation of our system of justice resulting from the conduct of the authorities in the alleged social security frauds in Sydney. [More…]
That is a fairly wide and ill-defined statement and I will attempt to examine it more closely to see whether what is implied by the Opposition is true or whether damage to community relations and to our system of justice and the conduct of authorities are important, necessary and basic things that are being handled extremely well by the Government and by the appropriate departments in the situation which has prompted the debate. [More…]
Of course, anything which damages community relations and our system of justice in this democracy is a matter of public importance. [More…]
Anything that is a negative contribution to an economy in which people who are striving hard and successfully against problems of inflation and unemployment and in the fight to re-establish that which we need perhaps more than anything else- a sense of national pride and a knowledge that initiative will be rewarded and justice will be seen to be done is to be deplored. [More…]
The alleged damage to community relations and the reputation of our system of” justice should turn to a measure of relief for Australians when they see what is happening. [More…]
The responsibility of a government and I would hope, of, an opposition is to see that the people who are responsible for perpetrating a crime, no matter who they are or what they are, are brought to justice. [More…]
Of course, damage to community relations and the system of justice are matters requiring urgent attention. [More…]
On the contrary, the system of justice is running to earth the guilty parties, perhaps slowly but surely. [More…]
The Government is genuinely attempting to find those who are guilty of defrauding the Department and consequently the great mass of Australian people, to run them to earth and treat them as justice requires. [More…]
So we are confronted with a position where justice not only has to be done but also must appear to be done in respect of the conflict that obviously exists between these two companies. [More…]
-Has the Minister for Social Security received a report from Mr Justice Kirby of the Law Reform Commission on privacy and de facto marital relationships as they apply to social services legislation and procedures since she referred the matter to Mr Justice Kirby. [More…]
Mr Justice Toohey, the Aboriginal Land Commissioner, completed the Borroloola land inquiry some months ago and I understand a report has been made to the Government. [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…]
Senator Grimes suggested that a committee would not do justice to such a reference in a few months. [More…]
It is a great tragedy that we have to go outside this country to achieve justice for our own Australian citizens. [More…]
The Catholic Commission for Justice and Peace on 26 April at the height of the worst part of the Aurukun disputealthough probably the worst part is now- issued a Press statement, which reads: [More…]
In a letter to the Minister for Aboriginal Affairs, Mr Ian Viner, the Chairman of the Catholic Commission for Justice and Peace, Bishop W. Murray, has expressed the Commission’s support for the rights of the Aboriginal and Islander people to self-determination, and to direct ownership of their tribal lands. [More…]
It is that justice must not only be done but must be seen to be done. [More…]
Along similar procedural lines, the Bill also contains provisions to extend to the Aboriginal Land Commissioner the same protection and immunity as a justice of the High Court of Australia. [More…]
In that regard, it is apparent that in certain aspects of the amending legislation the Government is saying that the promotion of the processing, mining and exporting of uranium should take precedence over justice, land rights and the very principles of self-determination for the Aborigines. [More…]
The extension is made subject to a number of conditions which follow the recommendations of Mr Justice Fox. [More…]
Mr Justice Fox recommended that the land should go to the Aborigines subject to a lease to the National Parks and Wildlife Service. [More…]
So I do think that that passage of Senator Gietzelt ‘s speech did the Government rather less than justice. [More…]
It does them, their organisation and the mining industry less than justice to have arguments put forward in that form in the name of the Australian Mining Industry Council. [More…]
I refer to the Ranger Uranium Environmental Inquiry, established by the Whitlam Government in 1975, of which Mr Justice Fox was appointed Chairman. [More…]
Mr Justice Parker conducted an inquiry into the reprocessing of uranium in the United Kingdom. [More…]
On page 70, paragraph 13.3, of the Windscale report Mr Justice Parker states: . [More…]
I should like to quote again from the report by Mr Justice Parker on Windscale. [More…]
One could go on and give more examples, which Mr Justice Parker has given. [More…]
It is quite clear on the basis of what he has said that he has not read the conclusions of Mr Justice Fox. [More…]
Mr Justice Fox would not have felt the need to utter any warnings about the development of uranium mining in Australia if he had had the benefit of Senator Collard ‘s views on the subject. [More…]
The second report of the Ranger Uranium Environmental Inquiry- the report of Mr Justice Fox which Senator Collard clearly has not read or has disposed of in his mind as being a totally irrelevant document- stated that the Atomic Energy Act 1953 should not be used for the grant of an authority to Ranger to mine uranium. [More…]
The Opposition believes that, in spite of that injunction from Mr Justice Fox, the Government wants to continue to use the Atomic Energy Act for two specific reasons. [More…]
I rise very briefly tonight to make a plea for justice for the Australian Native Dog Training Society of New South Wales Ltd, who ask to be encompassed within section 78 ( 1 ) of the Income Tax Act. [More…]
I was tempted this evening to make a speech in the adjournment debate in praise of Queensland justice, in view of the fact that the Opposition Whip, Senator Georges, has returned to us unharmed and ungaoled. [More…]
I believe it is a matter of common justice that an appeals tribunal set up by the Commonwealth should tell people why it does not uphold their appeals. [More…]
One only needs to read papers like Rough Justice which is produced by the Brotherhood of St Laurence to see examples of this claim. [More…]
The announcement of that policy was made only after long and careful consideration by the Government of the recommendations of the Ranger Inquiry conducted under Mr Justice Fox as presiding commissioner. [More…]
It seems to me to indicate that the Commonwealth does not accept the interpretation of that statement in the report of Mr Justice Fox as to the unqualified power of the Commonwealth Parliament. [More…]
There has been tremendous debate on the matter, there have been the reports by Mr Justice Fox and there has been constant discussion on how and when we will commence developing uranium. [More…]
Chief Justice of South Australia and an ordinary man in the street. [More…]
On the corner of North Terrace by the Bank of New South Wales building they met Sir Mellis Napier who was then Chancellor of the University of Adelaide and Chief Justice of South Australia. [More…]
It is therefore necessary we feel that in each case Courts bc appointed at which summary matters may be dealt with in a similar fashion in respect of which Aboriginal Courts have been able to deal with matters to date- we know that this is an administrative matter and we would ask that suitable submissions be made to the Queensland Department of Justice. [More…]
Mr Justice Toohey, the Land Commissioner in the Northern Territory, has heard many claims by Aboriginal tribes. [More…]
Having set a precedent in the Northern Territory the Government will never satisfy tribal Aborigines until they receive the same justice as was given to the Aborigines in the Northern Territory. [More…]
The continued rate of increase in the 1970s was due to inflation, burgeoning fees, increasing hospital costs largely caused by wage justice gained by nurses and other hospital employees and the increase in the use of sophisticated diagnostic techniques. [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…]
In the second report of the Ranger Inquiry, at page 248, Mr Justice Fox had this to say: [More…]
I ask the Minister representing the Minister for Post and Telecommunications whether his attention has been drawn to a High Court judgment handed down recently by His Honour Sir Keith Aickin, in which judgment His Honour declared null and void the granting of licences for two commercial radio relay stations in Queensland on the ground that the former Australian Broadcasting Control Board in its hearing had denied natural justice to the parties concerned? [More…]
I have not in fact seen the judgment by Mr Justice Aickin in the High Court to which Senator Douglas McClelland refers. [More…]
I now ask whether the Chief Justice, Sir Garfield Barwick, has insisted on security and noise standards in sections of the glass work in the building that cannot be met by materials produced in Australia and will require materials to be imported from South Africa. [More…]
It was Chief Justice Sir Garfield Barwick. [More…]
Chief Justice Barwick can tell us what it does not mean but he cannot tell us what it does mean. [More…]
But the judgment of the Chief Justice returned us to the darkness. [More…]
A chief justice would have great difficulty in construing it to mean something that the average person does not think it means. [More…]
There has developed in this chamber a rather vigilant regard for the rights of property so that other officials usually are required before they enforce a right of entry to get a justice’s warrant, a warrant authorising search which a justice should give only on a prima facie case of reasonable evidence that the entry is required to establish a prima facie offence. [More…]
I point out to Senator Cavanagh that the requirement to go before the judge is a much greater protection to the right of property than we usually accord to ordinary property rights which can be trespassed upon when there is a reasonable suspicion of an offence having been committed simply upon the obtaining of a warrant from a justice of the peace who has listened to an ex parte statement or seen an affidavit. [More…]
There is no suggestion in the recommendation by Mr Justice Fox that if the Aboriginals do not agree the Government should confiscate the land. [More…]
There is no suggestion in the report by Mr Justice Fox that the provision in section 7 (2) (a) which gives the right to acquire by proclamation land for development into a national park should ever be permitted in respect of Aboriginal land. [More…]
Under the Aboriginal Land Rights (Northern Territory) Act 1 976, after the Aboriginals have established their traditional right to the land the Commissioner, Mr Justice Toohey, can recommend to the Minister that the land should be acquired for the Aboriginals. [More…]
When a decision is made by Mr Justice Toohey that certain land should be Aboriginal land, obviously the Minister will request this be so. [More…]
Unless the Director desires to hand over land in accordance with a recommendation of Mr Justice Toohey or whoever the Land Commissioner is at the time he is not compelled to do so. [More…]
If we let a Director be superior to a Justice of the Supreme Court it will be a bad day for our judiciary. [More…]
In the second Fox Report Mr Justice Fox said that national park demands had equal rights with mining and pastoral needs. [More…]
If Mr Justice Fox says that national park needs are on a par with mining and pastoral needs, I cannot see how we have had a real victory. [More…]
I would like to refer to the report of the Windscale inquiry conducted by Mr Justice Parker in England, a document to which I have referred previously in debates on uranium. [More…]
On the environmental aspect Mr Justice Parker refers at page 33 to the effect of emissions as follows: [More…]
On the other hand, Mr Justice Parker went to great lengths to discount much of the rumour and fear, that are circulated on this subject amongst the community. [More…]
Mr Justice Parker added: [More…]
Mr Justice Fox himself saw the Supreme Court as that body. [More…]
I am quite prepared to answer them, but I am worried because these matters are before His Honour, Mr Justice McGregor, and they are some of the matters on which he has been asked to make a finding. [More…]
I do not think I ought to canvass the matter further because it is in relation to that that I may start to debate the matters which are presently under inquiry before Mr Justice McGregor. [More…]
All the files and correspondence that we had have been taken under the wing of Mr Justice McGregor. [More…]
This is one of the matters that Mr Justice McGregor is inquiring into. [More…]
If I do him justice, he asserted that the Commonwealth should act unilaterally in this matter. [More…]
It is very pleasing for us in the Opposition to see the first report of Mr Justice Toohey, but we find it a little disturbing that the report took quite so long to get to the Parliament. [More…]
We recall that Mr Justice Toohey was appointed on 7 April 1977; the Northern Land Council submitted a claim on 27 July in respect of Borroloola; we take it from the report that the hearings continued until 15 December of that year; and now, at the end of May, we have received the report. [More…]
It would be interesting for us to know how long the report has been with the Minister for Aboriginal Affairs (Mr Viner)- whether he has spent quite an amount of time studying it or whether it was the work of Mr Justice Toohey that delayed the report’s coming into the Parliament. [More…]
They feel that they have not been fairly treated by Mr Justice Toohey in this matter. [More…]
They feel that Mr Justice Toohey has not respected Aboriginal law and has depended too much on European law. [More…]
These people are the traditional owners of the land, and this was accepted by Mr Justice Toohey. [More…]
The problem arises because, after having accepted the Rhumbirriya group as the traditional owners of Centre Island, Mr Justice Toohey did not recommend a land trust. [More…]
As I read the report, Mr Justice Toohey took into account the fact that Mount Isa Mines Ltd wants a berth on the island and wants access to that berth. [More…]
On the basis of the interest of that mining company Mr Justice Toohey did not recommend a land trust. [More…]
Surely it would have been better for Mr Justice Toohey to have suggested that a land trust be established and then to recommend that perhaps some compromise be reached- not that I am not madly happy about this. [More…]
Mr Justice Toohey should not come out and make a recommendation that no land trust be set up or, in a less positive sense, not recommend that a land trust be set up. [More…]
Mr Justice Toohey claimed that there were no traditional owners. [More…]
It seems that Mr Justice Toohey has some problems in his method of establishing ownership. [More…]
We may need to look at the method of questioning that is being used by Mr Justice Toohey and by his staff. [More…]
At this stage I must say I have no criticism of Mr Justice Toohey or Dr Reahy for the work that they are doing. [More…]
To take a tenet from our own law, I suggest that in this case it is most important that justice not only be done but also be seen to be done. [More…]
I pointed out also how in the report of Mr Justice Fox filled me with amazement because of the absolute bareness of reference to that matter. [More…]
Provided justice prevails, election results are accepted by both the victor and the vanquished. [More…]
As has been outlined in this chamber, justice does not prevail in the State of Queensland. [More…]
I trust that I have made it clear to both sides of the chamber that in terms of justice we must do something about the position of public servants who nominate for Federal Parliament. [More…]
In some way members have to show that they are determined as representatives of the taxpayers to retrieve a situation of some degree of justice and not reduce in 10 years the premiums that they pay to retiring benefits from 58 per cent in 1967 to 1 8 per cent today. [More…]
This means, as we will see when we come to consider the Income Tax Bill, that justice with regard to the impact of taxation differs between classes in the community. [More…]
Mr Justice Asprey stated that it is difficult to prove otherwise. [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 martial, 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…]
On page 250 of the latest edition of his work, he refers to what he describes as the ‘oft-quoted decision’ of Sir Frederick Jordan, the then Chief Justice of New South Wales who, in 1937, in Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd and another, said: [More…]
It may well be that Mr Justice McGregor will find they changed the name solely because of my intervention. [More…]
Mr Justice McGregor is not even inquiring into this issue. [More…]
One of the matters which Mr Justice McGregor is considering is whether there was a change of name of a proposed division from Gold Coast’ to ‘McPherson’ by reason of actions taken by the Hon. [More…]
The Opposition did not worry about whether the sub judice rule, parliamentary procedure or ordinary natural justice was involved. [More…]
Mr Justice McGregor will give his judgment in due course. [More…]
The National Advisory Council for the Handicapped was established in 1975, under the chairmanship of Mr Justice C. L. D. Meares of the New South Wales Supreme Court. [More…]
My view, which I want placed on the record, is that inheritance taxes are as fundamental to a society which has any respect for social justice as is a progressive income tax. [More…]
I think that is a scandoulous situation of which any Australian with any sense of social justice should be thoroughly ashamed and to which any such Australian should be voicing his or her opposition. [More…]
The recent controversy surrounding the dismissal of Mr Hove, Co-Minister for Justice and Law and Order, centred on this very point. [More…]
In my judgment and in the interests of justice I shall adhere to the approach on which I insisted the other day. [More…]
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…]
While on this issue, I should mention that it is becoming increasingly clear that Mr Justice Fox, Australia’s Ambassador-at-Large, is becoming disenchanted with the prospects of obtaining adequate safeguards on uranium. [More…]
Having repeated its 1974 comment- and I point out that the Chairman of the Tribunal is His Honour Mr Justice Campbell, a prominent Queensland Supreme Court judge- the Tribunal continued: [More…]
If Senator Button would like me to, at another time I will give him Justice Sir John Moore’s comment on what caused the wage rises, the size of the wage rises and the years in which they occurred. [More…]
In the course of a public hearing in March of this year in connection with the Committee ‘s reference on Processing Law Reform Proposals, the Committee was presented with sufficient detailed information by the Chairman of the Law Reform Commission, the Honourable Mr Justice Kirby, to enable assessment of the Commission’s difficulties. [More…]
I regret to say- and it is a matter of keen disappointment to me- that after that undertaking was given at a hearing of a Senate Estimates committee last year, that a statute would be placed before us to see whether Parliament would authorise the continuance of these payments, in December or thereabouts a payment of some $38,000 in lieu of long service leave was made to Mr Justice Joske on the occasion of his retirement from the Federal Court. [More…]
There are peculiar circumstances with regard to the exercise of judicial duties by Mr Justice Joske over the last two years since the establishment of the Federal Court- a new Federal Court- to which he was not appointed, but I do not go into the merits of the payment; I go into the constitutionality of it. [More…]
We were told at the Estimates committee hearing that in his case, simply as a result of the exercise of personal discretion by the Prime Minister, the equivalent of two years salary was paid to the retiring Chief Justice. [More…]
As far as the payment to Mr Justice Joske is concerned, as had been explained at earlier hearings of the Senate Estimates committee, payments of this kind had been made to a number of judges in pursuance of a Cabinet decision taken some years ago. [More…]
Indeed, last year one of the payments under consideration was that to Mr Justice McTiernan upon his retirement from the High Court. [More…]
When Mr Justice Joske retired at the end of the year it would have been most unfair to him not to have had the entitlement which all other judges who had retired over many years had received. [More…]
The Estimates committee that examined this item considered it to be of such transcendental importance to the Parliament, to the administration of justice in this country and to the integrity of Cabinet that it was a matter proper for debate on the floor of the chamber. [More…]
Lastly- I am compressing what I have to say because I know that for the Senate time is important- it is without precedent in the history of criminal justice that any political body, mid-way through a case, should come to the financial support of either party alone, in this case ex-Ministers. [More…]
Senator Sir REGINALD WRIGHT (Tasmania) (4.56)- I am very conscious of the time of the Committee, but Senator Wriedt ‘s comments illustrate perfectly how intervention by a political body in the law administration excites disquiet on one side and dissatisfaction on the other, and why the administration of justice should be left to a proper conclusion. [More…]
Unfortunately, in a reservation Mr Justice Asprey subsequently opposed his own Committee’s recommendation on two grounds. [More…]
In his reservation Mr Justice Asprey acknowledged that everything would hinge upon the rates scale. [More…]
This statement as to the law has been recently approved by the Chief Justice of the High Court in the 1 977 case of Slutzkin v. the Commissioner of Taxation. [More…]
For the Senate to even dream of giving the tax dodgers protection at this late date is not in the Government’s interest, not in the economy’s interest and it is certainly not in the interests of ordinary justice and fair play. [More…]
I have read with the greatest attention the dissenting judgment of Mr Justice Stephens and the majority judgments, and I must say that I have infinite respect for the reasoning of Mr Justice Stephen who dissented. [More…]
Pursuant to the appellant’s request his objection was treated as an appeal to this court where a single justice stated a case for the opinion of a Full Court. [More…]
Although in Fuller’s Case the Chief Justice was in a minority his views were preferred to those of the majority (Fullagar and Menzies JJ) when the matter was again examined by this court in Gibb v Federal Commissioner of Taxation. [More…]
It was there pointed out ( 1 1 8 CLR at 632 ), that his Honour’s view that an issue of bonus shares could not, according to ordinary principles, be regarded as any receipt of income by the shareholder accorded with that of one of the majority, Menzies J, whose views differed from those of the Chief Justice only concerning the effect of the Income Tax [More…]
I have just had placed before me a headline which notes that the Chief Justice of the Australian Conciliation and Arbitration Commission, Mr Justice Moore, has said that there is no sign of recovery. [More…]
Mr Justice Moore of the Arbitration Commission. [More…]
Mr Justice Woodward in his Royal Commission report on Aboriginal land rights. [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 Withnal Senator Bernie Kilgariff and many others who deserve the credit for what is taking place here today. [More…]
1 ) Does the Commonwealth Government intend to fund a case on behalf of Aboriginals, concerning their title to land, before the International Court of Justice. [More…]
That is the opinion of Mr Justice Stephen who dissented in Curran ‘s case. [More…]
I do not propose to quote Lord Greene’s remarks again but I propose to quote from a judgment of Mr Justice Isaacs, one of the most distinguished judges who ever graced the High Court of Australia. [More…]
One of the champions of the Northern Territory was Mr Justice Ward. [More…]
What Mr Justice Ward said in those days has been carried on by the people of the Northern Territory to bring the Territory to the position it is in today- where it is about to accept responsible self-government. [More…]
I referred earlier to Mr Justice Ward who was one of the leaders of the Labor Party years ago. [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…]
If Senator James McClelland thinks that that is not the duty of His Honour Mr Justice McGregor, he ought to say so. [More…]
Notwithstanding that broader aspect, one must question the justice of where some of this money is going. [More…]
Mr Justice Moore or somebody of that standing has not said that there is anything wrong with the trade union college concept. [More…]
Mr President, if you do not mind my saying so, in the law courts where I have practised now for over 50 years, I consider them to be not the agencies of justice but the opportunities for terror and ruin. [More…]
We have a problem from the point of view of the law courts, the chief of which is to unify the jurisdiction as to which I see my friend the Attorney-General was in difference the other day with learned Chief Justices. [More…]
I served as the leader of a party in Opposition under the presidency of Justice O ‘Byrne. [More…]
Further, where extradition of a fugutive for an offence of which he has been convicted outside Israel is refused on the grounds of nationality, the Israeli Minister of Justice may direct the fugitive to serve in Israel the unserved portion of any sentence imposed in the requesting country for the offence. [More…]
The honourable senator may recall that the Prime Minister announced on 23 February the appointment of Mr Justice Hope to undertake a review of the whole area of protective security in Australia, and this will include discussions with State Governments on Commonwealth-State liaison arrangements. [More…]
His major pronouncement on the development of peoples gave strong leadership on development and social justice in the Third World. [More…]
It firmly committed Catholics to work for social justice. [More…]
It has often been said that the Holy Father was seeking a peace which was not a true peace; that is, a peace with justice. [More…]
Does not the sword, in the concert of historical and concrete life in society, have its own reason for being, for justice and for peace? [More…]
In accordance with the Government’s policy throughout this matter- as reflected in Senator Durack ‘s letter to Mr Justice McGregor of 1 1 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 Hon. [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…]
How much longer must the national Government of this country wait to use the powers which it undoubtedly has under the Constitution to ensure that the citizens of Queensland in these areas are treated with some justice and dignity? [More…]
What they want is at the heart of everything that they seek- and not without justice. [More…]
That is a suggestion which I recall being made in the days of the Labor Government by the former Leader of the Government in the Senate, now Mr Justice Murphy. [More…]
I ask the Minister whether he recalls that in a letter he wrote to Mr Justice McGregor on 1 1 May he stated: [More…]
In his letter to Mr Justice McGregor on 1 1 May the second paragraph opened: [More…]
The price of a copy of the Reasons for Judgment delivered by a Justice of the High Court is fixed by Rules of Court made by the Judges. [More…]
There is no doubt- and this is borne out by the conclusions that were reached by Mr Justice McGregor- that a mere change of name has effects and influences. [More…]
Some very important material is contained in the report of Mr Justice McGregor in relation to this precise question. [More…]
The Government has not yet had an opportunity to consider fully what Mr Justice McGregor said in his report about this matter. [More…]
I expect there will be some response in due course from the Government to what Mr Justice McGregor has said and some of the concerns that have been expressed will be met. [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 (131 CLR 203, at page 235). [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…]
Is it also true that the housing allowance scheme was included in the Government’s 1977 Federal election campaign program and was referred to in the Governor-General’s Speech as one of the Government’s plans to ‘help those in need, increase opportunities and bring about greater social justice’? [More…]
I would like to point out that the Leader of the Government in the Senate and other Ministers would have been aware of the section of the Ranger uranium environmental report of Mr Justice Fox which advised that the creek systems of Goodparla and Gimbat be included in the Kakadu reserve in the Northern Territory. [More…]
That is, senior Ministers- were of the view that Mr Justice McGregor’s report had to be accepted. [More…]
Does it follow from that statement by the Prime Minister that Mr Justice McGregor’s report, including findings as to the meaning of impropriety, had been accepted by the Government in totality? [More…]
In the interests of the Aboriginal people who run this enterprise, which in my view is very viable, I hope that when the Ombudsman conducts his inquiry justice will be done to all people concerned. [More…]
I do not want to go back to the sort of suggestions that were made by Mr Justice Fox. [More…]
No matter how much growers protest and call for justice and protection from overseas interests, they cannot get any response. [More…]
The position is that Mr Justice Robinson of the Australian Conciliation and Arbitration Commission had representatives of the national employers and the Waterside Workers Federation of Australia before him in conference yesterday. [More…]
We will not be able to do justice to the work we in the Senate are called upon to do. [More…]
The Government has recognised the justice of the case, has recognised the logic of the case and has responded. [More…]
Mr Justice Collins’ Royal Commission on Petroleum in 1973 recommended that import parity prices should rise gradually. [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…]
1 ) Did the Department of Business and Consumer Affairs refuse, on S September 1977 to make public a report prepared by Mr Justice Brennan on six companies incorporated or registered in the Australian Capital Territory; if so, why. [More…]
1 ) Mr J. McMillan, Lecturer at Law at the University of New South Wales, asked to inspect the interim report made by Mr Justice Brennan to which the question refers. [More…]
It is not appropriate for us to provide you with a copy of the interim report by Mr Justice Brennan into certain A.C.T. [More…]
The report referred to in the question was an interim report by Mr Justice Brennan (then Mr F. G. Brennan, Q.C.) [More…]
As the Minister responsible for funding tertiary institutions, does not the Minister think that this case reflects very gravely upon the concept of academic freedom as practised by the University of New South Wales, the fact that one can get justice only if one has the money, and the failure of the State Labor Government to end compulsory membership of student unions? [More…]
The Chief Justice recently gave his theory of the Constitution by which the Government is responsible to both Houses of Parliament. [More…]
If the Constitution means what the Chief Justice says it means, then, as one of Dickens’ characters said: ‘The law is an ass ‘. [More…]
I shall leave it at that, Mr President, and ask you whether, in all honesty and in justice to the kitchen staff, you, with your co-chairman, will endeavour to call an urgent meeting of the House Committee so that we can discuss fully this whole episode. [More…]
Because Senator Mulvihill had drawn my attention to the article earlier in the day and I expected him to ask a question on it, I referred the matter to Mr Justice Woodward, the Director-General of ASIO, and asked for his comment on it. [More…]
The matter of ASIO’s policies in relation to giving any briefings is one on which the present Director-General takes the very strictest views in accordance with the views expressed by the Royal Commissioner appointed by the Government of which Senator Mulvihill was a supporter, Mr Justice Hope, who investigated some of ASIO’s past practices in relation to these matters and made some very strong comments on them and recommendations which should be followed. [More…]
I have discussed these recommendations with Mr Justice Woodward who fully accepts them and assures me that he and his Organisation are acting upon them. [More…]
It is anticipated that the heads of agreement on which the consultations took place will be considered in detail over the next two or three months by the Department of Justice and the other United States departments involved. [More…]
Is it a fact that the rate of appearances of Aboriginal youths before the juvenile justice system in South Australia between 1972 and 1977 was five times the rate for all youths in that State? [More…]
The judgment of the Chief Justice in the Webster case was that the words meant something different from what everyone thought they meant. [More…]
I was fortunate in the short time that I was a member of the Senate Standing Committee on Constitutional and Legal Affairs to get, without a meeting having been held, a report from Professor Colin Howard, the Dean of the Faculty of Law at the University of Melbourne on the paper he gave to Mr Justice Kirby, the Chairman of the Law Reform Commission, on the question of Aboriginal law. [More…]
Even with the Aboriginal Land Rights (Northern Territory) Act we found that Mr Justice Toohey was not overgenerous in respect of Borroloola. [More…]
We cannot at present see that justice according to law is done to the Aboriginal people ‘. [More…]
The position is, therefore, that I have sought and later today or tomorrow I will be receiving a report from the Director-General of Security, Mr Justice Woodward, in relation to this matter and to other allegations contained in the book. [More…]
As it happens, I have an appointment to see Mr Justice Woodward tomorrow about other matters. [More…]
It is based on submissions I made during the adjournment debate a fortnight ago when I sought information on the acreage of the proposed Kakadu National Park as set out in the second report of Mr Justice Fox’s Ranger Uranium Environmental Inquiry as compared with the Alaskan parklands provided for in legislation of the United States of America. [More…]
Have the recent adjustments to approvals for mining operations in the Ranger area in any way infringed or fudged on the original boundaries defined by Mr Justice Fox? [More…]
In regard to the second point which he raised, as to the proposals that are currently before the Government, I am not aware of any infringement of the original area as defined by Mr Justice Fox. [More…]
Every time Mr Justice Moore and his colleagues lay down what the amount of wage indexation will be, that decision is based on price rises in the previous three months. [More…]
The point I am trying to make is that when the Government argues about the 1.5 per cent or 2.5 per cent increase that Mr Justice Moore may grant at quarterly or half-yearly intervals it should remember that those increases are based on price fluctuations during the previous three months or six months. [More…]
No matter how much growers protest and call for justice and protection from overseas interests, they cannot get any response. [More…]
It was presided over by Mr Justice Hope, who made a large number of recommendations after a very exhaustive examination of the Australian security system. [More…]
Last year the Prime Minister announced the acceptance of Mr Justice Hope’s recommendations and foreshadowed the intentions of the Government in regard to implementing the recommendations. [More…]
Mr Crichton-Browne, it is true, escaped conviction under a system which masquerades as justice in Western Australia, but the following facts are not in dispute. [More…]
In spite of the report on the Warlpiri and Kartangarurru-Kurintji land claim, that was presented in this chamber today, there are still people in the Northern Territory who have not received justice from the watered down land rights legislation. [More…]
In particular, is the Minister aware that the Swinburne College of Technology Student Union, which is controlled by Maoist student groups, recently appropriated $500 of student money to the National Overseas Students Service and $200 to radio station 3CR, both payments being outside the criteria established by Mr Justice Kaye ‘s judgment in the recent Robert Clarke case? [More…]
That would have been a travesty of justice. [More…]
They had to come here and sit in their wheelchairs in the rain to try to get some justice from this Government with which Senator Teague proudly associates himself. [More…]
I ask: In view of the renewal of aid by the United States to Turkey and acting on the assumption that justice is coming to Cyprus, will the Minister make a statement during the next three-week sitting as to what role Australia has played at the United Nations? [More…]
Does Australia accept the Carter definition that justice is to be given to the Cypriots? [More…]
Nothing could be further from the truth and those who have sought to perpetuate that myth not only do less than justice to the intentions of the Government, but more importantly they do a grave disservice to the Australian public by trivialising the debate on such an important subject. [More…]
To do this booklet justice, after mentioning alcohol and tobacco it states: [More…]
As a person interested in the legal process and civil liberties, I repeat the words of Lord Justice Lawson in a recent English case, in which he said: [More…]
1 ) Has the Australian National Group yet made its choice of candidates for election to the International Court of Justice; if so, who are the candidates; if not, when will the decision be made, and will the Attorney-General make the names public immediately. [More…]
I ask the Minister representing the Minister for Post and Telecommunications whether his attention has been drawn to a High Court judgment handed down recently by His Honour Sir Keith Aickin, in which judgment His Honour declared null and void the granting of licences for two commercial radio relay stations in Queensland on the ground that the former Australian Broadcasting Control Board in its hearing had denied natural justice to the parties concerned? [More…]
Although we have faithfully served our former country and the allied cause throughout the second World War and having since resided in Australia for thirty years, we find ourselves being denied the simple justice accorded to other exservicemen, by their respective countries. [More…]
But I guess we cannot expect taxation justice or any taxation morality from a government of which nearly all the senior Ministers, despite all their public posturing about cracking down on tax evasion, participate directly in tax dodging family trusts. [More…]
I ask the AttorneyGeneral: When will those white collar workers get justice with regard to superannuation? [More…]
The matter was referred to the Minister of Justice in New South Wales and me by a letter from the directors dated 8 December. [More…]
Minister of Justice on 12 July 1978. [More…]
As a matter of social justice, which I think is the aspect with which the honourable senator is concerned, that does not worry me as much. [More…]
I think that insofar as he is doing that it is ensuring that the people shall pay in justice their taxation and that the tricky ones will not get away with tax avoidance. [More…]
Is it correct to suggest that there has been a decline in the quality of justice in the Australian Capital Territory? [More…]
However, as I said at the beginning of my answer, I think the problems are ones that can be overcome and I think it is exaggerating matters to say that as a result of the situation there is a decline in the quality of justice. [More…]
My question is directed to the Attorney-General and follows the question asked by Senator Knight regarding the charge by the Chief Magistrate, Mr Kilduff, that there has been a decline in the quality of justice in the Australian Capital Territory. [More…]
I do not doubt that saying there has been a decline in the quality of justice is a serious charge and because that claim was made by the Chief Magistrate I made it my business to inform myself about the matter. [More…]
Of course, I have discussions from time to time about these questions with officers of the Department, but having gone into the matter it seems to me that it was an exaggeration to say that there was a decline in the quality of justice because of the nature of the staffing difficulties that had arisen. [More…]
-Has the attention of the Attorney-General been drawn to a recent speech by Mr Justice Muirhead in which, when discussing the Family Law Act, he said: ‘The judges are undertaking unacceptable work loads, counsellors are at their wit’s end, the welfare officers despite best endeavours find it almost impossible to keep up to date ‘? [More…]
Mr Justice Muirhead described the family law counsellors as a vital arm of the system and drew attention to the fact that the system is understaffed by at least 30 per cent in this area. [More…]
I do not intend to let the matter rest where it is, and intend to raise the matter in the Senate if I do not receive a satisfactory explanation of this situation, and am informed that justice will now be done to this man, preferably by the re-opening of the appointments. [More…]
To be deprived of a justified increase for one year means justice delayed is justice denied. [More…]
This is from the leading article in the West Australian, Perth, Saturday, 14 October under the heading ‘Pension justice’: [More…]
The most unwholesome feature of the Budget was the way in which social justice was jettisoned for the sake of a cold exercise in accountancy. [More…]
We consider that all pensioners, particularly the over 70s (and many of our members are in this age group), will appreciate your stand in your editorial ‘Pension justice’ (October 14). [More…]
They are concerned enough to stand up in the Senate and in the other House and say that they will not vote for this Bill because they do not see that justice is being done for the people who are least able to alford these sacrifices. [More…]
To be deprived of a justified increase for one year means justice delayed is justice denied. [More…]
The people who have been made to suffer under this legislation have made many and repeated appeals to the Government to give them justice. [More…]
I find that the same situation applies in many other country towns in South Australia; that is, more people receive pensions in many country towns in South Australia than vote for the Australian Labor Party, which when it was in government gave them justice. [More…]
I believe simply that justice delayed is justice denied and if there is a standard of benefit or pension which is appropriate to a circumstance it is justice denied to fail to adjust that rate for increases in the cost of living as those increases in the cost of living are assessed. [More…]
Does the Minister realise the legal consequences that may arise from Mr Gyngell ‘s present behaviour at the hearings which, according to the Broadcasting and Television Act, are to be conducted according to the rules of fair and natural justice? [More…]
I know that the Government and the Minister for Social Security (Senator Guilfoyle) are very concerned to see that social justice is done. [More…]
They obviously are attached to the principle of indexation as they are attached to the principle that if the Government establishes a rate of pension or benefit which it thinks, in terms of social justice, is adequate, then that rate should not be eroded by price increases. [More…]
However, there is another equally justified principle and that is that justice delayed is justice denied. [More…]
Then people may feel that justice is seen to be done as well as being done, and we will not have the hassles which have arisen in the past. [More…]
Appeals should be made on the score of justice and a wrong having been done. [More…]
One makes a choice whether one puts one’s case to the Department of Social Security or takes civil action to get justice. [More…]
I can see no justice in this proposal. [More…]
But the Minister is asking this Committee tonight to pass a Bill that will prohibit me from getting information which would indicate whether I am receiving justice from the organisation. [More…]
I see that all the legal men on the Government side of the chamber have run out of the chamber during this debate, but knowing their keenness to see justice done and their interest in the operation of our legal system, I doubt whether, if a proper appeal were made to them, any of them, or any of the legal men on this side, would vote in favour of this proposed new section. [More…]
I cannot see the justice in denying legal aid to those people simply because there might be some injustice or inequity suffered by the defendant. [More…]
Those prophetic words were not delivered from the pulpit, or from any public forum, but from the very source itself- the steps of a white man’s much vaunted hall of justice, after Namatjira had felt the cruel barbs of his white brother’s brand of justice. [More…]
To further reinforce the need for the provisions of this Bill, I quote directly from Aborigines, A Statement of Concern, prepared by the Catholic Commission for Justice and Peace, for the Catholic Bishops of Australia. [More…]
Rarely have they sought justice through civil courts. [More…]
We earnestly request that you as Chief Executive Officer of the Federal Parliament should ensure that this Bill does not become Law until every aspect of the Bill is thoroughly and conscientiously examined and that the continuation of justice to all should be viewed with paramount importance. [More…]
I agree that to try to do so today in the absence of confirmation of telegrams and statements which are appearing in newspapers would not do justice to an adequate debate. [More…]
The discretion of a court to set aside a property settlement order will be exercisable 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…]
But whatever the justice or the wisdom of providing or not providing cheap credit for agriculture, there can be no justification for cynical pre-election prime ministerial promises to deliver cheap money- promises which are inoperative as soon as the votes are safely in the ballot box. [More…]
Although we fully respect the country of our residence, in the name of justice we have the right to defend the honour and good name of the country of our origin. [More…]
He has drawn my attention to the case of Schulsinger in which Mr Justice Fogarty, a judge of the Family Court in Melbourne, had to point out that the costs scales did not apply to party and party taxations but only to taxations between a solicitor and his client. [More…]
We are concerned not merely with the person who is a pensioner; we are concerned in this area with people who have lowish incomes and those who have ordinary incomes who find that they cannot afford the very expensive costs of trying to get justice in law. [More…]
I want to say, as I have said before in this chamber, that I believe that injustice is being done. [More…]
I hope therefore that it will get further attention and I hope we will develop a sense of justice and a desire to see that these things are remedied. [More…]
Whilst it has been the practice of successive Ministers in the exercise of this discretionary power generally not to give reasons in respect of particular cases, it has long been the policy of successive Ministers to withhold passports from persons who are attempting to escape from justice, are the subject of court orders restraining departure, are of unsound mind, are under the age of 1 7 years and unable to produce the consent of both parents or are the subject of custody or access orders of Australian courts, and those for whom the Minister for Foreign Affairs could not, in the context of Australia’s international relations, request other countries to provide free passage, protection and assistance. [More…]
The Assembly’s response in essence recommended the prohibition of private clinics, the establishment of a self-contained clinic within the grounds of a public hospital and the application of Mr Justice Menhennitt ‘s rulings as the law governing abortion in the Australian Capital Territory. [More…]
This seems to me to be an entirely proper statement, fully in accordance with social justice and the principles of the party to which I belong. [More…]
To do Senator Evans some justice, he did say: ‘Well, you know, the poll was a bit dicey’. [More…]
I do not accept that point of view, although if one wants to one can rely on Mr Justice MacNaghten’s ruling in Rex v. Bourne in 1939 in England or Mr Justice Menhennitt ‘s ruling in Regina v. Davidson in 1969 and find that there are distinctions between even those learned gentlemen. [More…]
One can turn to the report of Mrs Justice Lane and the British Royal Commission in 1974 that perhaps went further than anybody on this question in advocating that pregnancies could be terminated up until the 24th week. [More…]
The rulings of Mr Justice Menhennitt are: [More…]
That was the judgment of Mr Justice Menhennitt in Regina v Davidson. [More…]
On those grounds the Government obviously came to the conclusion to draft the ordinance in the form that it has in order to protect the health of those who within the law are seeking abortions within Mr Justice Menhennitt ‘s ruling. [More…]
Because of the lateness of the hour I quote only part of a judgment by Mr Justice McTiernan, a High Court judge, in a case concerning the meaning of ‘in substance’. [More…]
Justice McTiernan said: [More…]
The Chairman of the Remuneration Tribunal, the Honourable Mr Justice W. B. Campbell, has been elected Chancellor of the University of Queensland. [More…]
The pensioners are entitled to justice and they are not getting it from this Government. [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…]
I have been led to understand- I communicated this understanding to the Minister in the course of the Estimates Committee proceedings- that at least one of the High Court justices had taken the view that it was inappropriate or wrong for students to be exposed to the argument that takes place in the High Court before such argument has been shaped up or the High Court judges’ opinions have reached final fruition in the form of their final written opinions. [More…]
That that is so was not disconfirmed by anything which was said in the written reply to which I referred, in which it is acknowledged that the Chief Justice made some comment upon this whole issue. [More…]
The Chief Justice has expressed the view that transcripts of argument are made to enable Justices to refresh their recollection when considering judgment. [More…]
The fact that the Chief Justice took that particular view of the function of transcript rather suggests that he was also of the view, as I suggested might have been possible, that the provision of this material to law school academics, researchers and students, was bad; that it would give them misconceived ideas of the nature of the judicial process; and that perhaps not only would it make them excessively willing to criticise High Court judges for what they produced in their final opinions, which these academics are prone enough to do at the moment, but also might it tempt them to start using the text of what fell from judges in the course of argument as further grounds for criticising them. [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…]
Did the Australian National Group consult any of the following groups before making its nominations of candidates for the International Court of Justice: (a) the High Court; (b) legal faculties and schools of law; and (c) national academies and national sections of international academies devoted to the study of law, in accordance with the recommendations of Article 6 of the Statute of the International Court. [More…]
The Chief Justice of Australia, Sir Garfield Barwick, and Emeritus Professor K. O. Shatwell are members of the National Group. [More…]
The Statute of the International Court of Justice enables a National Group to nominate up to four persons. [More…]
I remind honourable senators that substantially the Ranger report by Mr Justice Fox also said this. [More…]
I reiterate that the basis of my original question was a newspaper article which quoted a justice of the peace who had previously been a Telecommunications Commission linesman. [More…]
One would have thought that his allegations were reasonably well founded and that, being a justice of the peace, he was somebody whom one could reasonably expect to give fair information on the subject. [More…]
In view of the conflict between the information provided in the Minister’s answer last week and the allegations made in the article by, I remind the Minister, a justice of the peace last May, I ask: What checks are or can be made on the improper use of private subscribers’ telephone lines and how can these subscribers be protected against a betrayal of a position of trust by such people? [More…]
The question referred to the justice of the peace who made the original allegation. [More…]
An allegation in relation to a very serious breach- a specific allegation in relation to particular uses of equipment by telecommunications technicians- produced the response that since it was not a specific allegation, presumably in relation to a specific individual on a specific date, Telecom did not consider, according to its answer on 11 November that any further useful information would have been available from direct contact with the informant who was, I reiterate, a justice of the peace and a former Telecommunications Commission linesman. [More…]
There is a crude political justice in the counter-attack. [More…]
Whilst that particular justification for making the subsidy available is a possible factor, and no doubt was a factor in the Government coining to its decision, I believe it does less than justice to those in government who have taken this decision in the face of considerable political pressures from within the joint Party room, in the face of the Industrial Assistance Commission report which was quite firm in its conclusion that aid should be refused and in the absence of any sort of regional development policy to cope with such a situation as this. [More…]
It dealt with the decision that a court can make or can be called upon to make in balancing the interests of the confidentiality of a document with the interests of administering justice in the particular case before it and the interests of the parties to that case. [More…]
He neglected to mention that the salary was almost doubled at the time he took the job and the pension, which made future employment possible but unnecessary, was lifted to about three times the level of the average weekly wage and is linked to the salary of the Chief Justice so that it increases substantially year by year. [More…]
It is a truly disgraceful thing that the former GovernorGeneral of Australia, a member of Her Majesty’s Privy Council formerly Chief Justice of his State, for years a Federal Judge should be accused of having venally bargained with a political leader to dismiss a government, place him in power, later resign from the Governorgeneralship- and before actually leaving- presumably as some sort of final encore- grant him improperly a dissolution of the House of Representatives. [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 new disciplinary code which is referred to makes various changes to the existing provisions to take account of the principles of natural justice and fairness, which are again always matters which come into consideration in any disciplinary clauses. [More…]
However, the new factor that has entered the problem and that necessitates the amendment on this occasion is that the Chairman of the Tribunal, Mr Justice Campbell, who has impressed everybody with the way in which he has conducted his duties, has been appointed, probably in recognition of the prowess that he has displayed, Chancellor of the University of Queensland. [More…]
This has called for close 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. [More…]
In this respect, the National Capital Development Commission has placed great value on the contribution and continuing interest of the Chief Justice in planning of the building. [More…]
1 ) What foreign policy considerations were brought to the attention ofthe Australian National Group which was responsible for nominating candidates to the International Court of Justice. [More…]
The inquiry by Mr Justice Fox and various other events brought about a most controversial situation. [More…]
But this Government should have been as completely committed as any other government to the findings of Mr Justice Fox. [More…]
The views of Mr Justice Fox have been quoted. [More…]
My question, which is directed to the Attorney-General, relates to the sensitive question of the Australian nominations for the recent elections to the International Court of Justice. [More…]
The panel which makes nominations on behalf of Australia in regard to the International Court of Justice is an independent body of distinguished Australians and I would reject any suggestion contained in Senator Evans’ question that they would be in any way motivated by political considerations. [More…]
The matters being debated on the walls are a re-evaluation of the historical role of Mao, revision of high level miscarriages of justice and reversal of the official assessment of the public demonstrations in Tien An-Shen Square in April 1976 which led to the temporary disgrace of Teng Hsiao-ping and which are now judged to have been exploited by Mao’s widow and her radical supporters for their own political ends. [More…]
It is an important amendment to the law and means that justice will be given to the consumer who finds himself in a situation where there is something defective in goods that are sold to him. [More…]
Thirdly, any action taken by unionists to protect the strength and the bargaining power of themselves and their union by an endeavour to unionise work places which are not unionised or not completely unionised at the time of such action- for example, the kind of action that is in issue in the present Alliance Messenger dispute in which the Transport Workers Union again finds itself involved and which aroused the indignation of Mr Justice Smithers earlier this week- again is clearly outside the scope of those limited exemptions for which the Act provides. [More…]
Again, we have the authority of Mr Justice Smithers in the Red North case for that astonishingly limiting interpretation. [More…]
I believe that this legislation will ensure equity and justice for all. [More…]
I believe that the statements which came from Mr Justice Smithers could have been said only because the Government has put laws on the statute books which are untenable. [More…]
In terms of justice for public servants themselves, it is necessary to do something about a system which fetters their right to nominate for Federal Parliament. [More…]
I feel that I must do so because the subject is an important one and I would like the Minister for Social Security (Senator Guilfoyle) to make some inquiries in the forthcoming recess into what should be done to ensure that justice is seen to be done in this country. [More…]
I am sure that justice is not at least being seen to be done in this matter I am going to talk about and I am certainly not at all sure that justice is in fact being done. [More…]
They feel that they have difficulty getting justice in a situation where they do not really understand our system of justice. [More…]
There have been repeated meetings expressing concern about their treatment, about the difficulty of appealing, and about the difficulty, particularly in Greece, in getting justice and appealing there. [More…]
I believe that we must assure the Greek community and members of all other ethnic communities that they have the protection of law and justice in this country like everybody else, that they have the protection of this Parliament like everybody else. [More…]
I believe also that it is to the good of the whole community that if an injustice has been done or if it seems that an injustice has been done we take action and prevent either the reality of the injustice or the appearance of the injustice from worsening community relations in Australia. [More…]
He began his remarks by saying that he hoped justice is seen to be done and that justice is being done. [More…]
I think that he almost concluded his remarks by saying that he hoped an injustice would not be seen to be done. [More…]
When charges have been laid and court cases are pending judgments should not be taken until the justice of the Australian system is tested in the courts. [More…]
Because it has happened in this country, I believe that when the court case is heard and the judgment of the court delivered justice will be seen to have been done. [More…]
A press release issued by the Chief Justice of Australia on 10 April 1 970 relating to the Fourth Conference was referred to in the Sydney Morning Herald and the Canberra Times on 11 April 1970. [More…]
The costs incurred by the Commonwealth Government for attendance of the Chief Justice at the Conferences in Japan, Thailand, Korea, New Zealand and Indonesia were for the air fares for himself and his wife to and from the host country. [More…]
What is the nature of Australia’s interest in the composition of the International Court of Justice, referred to in the Minister’s answer to Question 973 (Hansard, 22 November 1978, page 2425). [More…]
It would be contrary to the expectations of ordinary people, as Senator Missen pointed out, if I, when returning to Tasmania, to that efficient and beautiful port of Devonport across Bass Strait, were subjected to assault by somebody with a deadly weapon and, rather than bring that culprit to justice under Victorian or Tasmanian law, had to seek to bring him to justice under United Kingdom statutes. [More…]
The magistrate in the Queanbeyan Court handed down a ruling that there is no case to be answered by Mr Whitlam, Mr Justice Murphy, Dr Cairns and our ex-colleague the late Mr Connor. [More…]
the prevailing law is that stated by Mr Justice Menhennitt in the Victorian Supreme Court in 1 969 and by Judge Levine in the New South Wales District Court in October 1971; [More…]
My question is directed to the Attorney-General and concerns another apparently neglected contribution to Australian jurisprudence by His Honour Mr Justice Staples. [More…]
Is it true that Mr Justice Staples, following his extended tour overseas, has recently produced a report recommending quite substantial changes in human rights law, which report the Commonwealth has refused to make public or, indeed, to produce on request to meetings of the FederalState Standing Committee of AttorneysGeneral? [More…]
When Mr Justice Staples was overseas he did send back from Canada- I think it was only from Canada but I am not sure- some reports on what he had found there. [More…]
I do not propose to table anything that I have received from Mr Justice Staples until I receive a full report in the sense in which I expect to have it. [More…]
However, I do not want to give the impression that there is anything secret about the material which I have received from Mr Justice Staples. [More…]
At this stage I have not had any response from Mr Justice Staples as to when I might- or if I might- expect to receive a report as I have requested. [More…]
Then and only then will the pensioners know where they are, will the Parliament know where it is and will some justice be done and be seen to be done for these people in the community. [More…]
I call on the Government to recognise the contribution our pioneers have made and to show both justice and compassion towards their needs. [More…]
I think that all of us in this place should support the proposition put forward by Senator Grimes not only on moral grounds and in justice, but also because of the simple, old truism: ‘There but for the grace of God go I’. [More…]
One has to look at the real needs, the real justice, behind the whole idea of paying pensions to certain sections of the community. [More…]
Justice delayed is justice denied. [More…]
I again remind the Senate that the resolution I put down on 27 April 1976 taking account of the principle that justice delayed is justice denied was not supported by Senator Grimes or by any other senator in this place. [More…]
I do so on the principle that if we delay justice any further, then justice will be denied for that period of time. [More…]
I am pleased to be able to inform the Senate, 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…]
Is the Minister aware of the decision given by Mr Justice Aickin in the High Court on 16 February 1 979 to the effect that private citizens and organisations claiming a non-property interest cannot enforce compliance by the Government with the administrative procedures of the Environment Protection (Impact of Proposals) Act? [More…]
I have seen the judgment by Mr Justice Aickin. [More…]
Briefly, Mr Justice Aickin dealt with the legal entitlements of the Australian Conservation Foundation to bring an action against the Commonwealth. [More…]
Accordingly Mr Justice Aickin struck out the ACF’s statement of claim and dismissed the action. [More…]
Given the cost of conducting High Court legal actions, the limited financial resources of the ACF and the strength of Mr Justice Aickin ‘s judgment, it is unlikely that the ACF will appeal against the decision. [More…]
That would mean that the earlier judgment by Mr Justice Aickin may be sidestepped. [More…]
A larger question which is raised by this Bill and to which I think it is appropriate to direct the Senate’s attention for a few moments is whether the kind of co-ordinated jurisdiction model that the Government is endeavouring to implement with this legislation is really the best ultimate or long term solution to the problem of the administration of justice in Australia. [More…]
It would appear natural to endeavour to establish the courts of justice as independent organs which were neither Commonwealth nor State. [More…]
The debate has continued more recently with a major contribution along these lines by Mr Justice Else-Mitchell in 1970 and more recently again in a paper delivered by Mr Bob Ellicott to the 19th Australian Legal Convention in 1977. [More…]
In a quite refreshing burst of judicial candour the trial judge in that case, Mr Justice Helsham, who is Chief Judge in Equity in the New South Wales Supreme Court, was moved to make a public statement at the conclusion of that case in the following terms: [More…]
This point also has been taken, although I suspect rather less sincerely, by the New South Wales Chief Justice, Sir Laurence Street, who has been the most conspicuous public opponent of the recent developments in the Federal courts system. [More…]
So while the Government is to be congratulated for going as far as it has in this Bill and the earlier legislation to improve the coordination of the present system, I would hate it to abandon altogether the ultimate goal of a unified system of administration of justice in Australia. [More…]
I thought that Senator Evans contradicted his claim about this matter being a political one when he acknowledged that the Chief Justice of New South Wales has been maintaining probably a stronger campaign than any politician on the proposed unified courts structure. [More…]
I certainly do believe that step by step not only will we be able to improve the present situation and get a more co-ordinated structure but also, by this method, by avoiding the unnecessary creation of a dual court system with all the problems which so worry the Chief Justice of New South Wales and many other people, including me, no doubt Senator Evans and indeed all lawyers who think about this matter, we will be able to move slowly and steadily towards a uniform court system, even though that system might well be based on the very solid foundation of the existing State court system. [More…]
provision to be made to issue local ordinances and establish better facilities for the administration of justice: [More…]
What the AttorneyGeneral has done has been to recognise that, within a certain appropriation, if he wants to do justice in one area he can do it only by restricting access in another. [More…]
Senior departmental officers have held discussions with Mr Justice Hope and provided him with information in connection with his protective security review. [More…]
My Department has received information from the Department of Justice in New Zealand that the preparation of reciprocal legislation is currently under consideration. [More…]
-The Foreign Antitrust Judgments (Restriction of Enforcement) Bill 1979 brings to a sort of finality a dispute which has been festering between the Australian and United States Governments for some years, particularly in relation to the United States Department of Justice. [More…]
There is no doubt in my mind that the decision by the United States Department of Justice to enforce vigorously its anti-trust legislation against overseas resource companies selling minerals and energy products in the US is simply a part of the US consumers’ effort to strengthen their bargaining position in the world market for the sorts of commodities that we can provide. [More…]
To that end, we have been holding very extensive consultations with the Department of Justice in the United States to try to see whether there are ways of preventing conflicts of this type arising. [More…]
As the Senate knows, I visited Washington with officers of my Department, the Department of Business and Consumer Affairs and the Department of Trade and Resources in September of last year and had very fruitful discussions with officers of the Department of Justice, the State Department and the Federal Trade Commission. [More…]
If it is to operate in vacuo, without consideration of some of the broader social factors raised by the Royal Commission the Institute will not do justice to itself, society and the Parliament which, by legislation, has created it. [More…]
A further major point of the legislation is that it also slightly extends the authority of the courts to set aside or discharge property settlements or maintenance orders under the Act if there has been a miscarriage of justice in the original settlement. [More…]
Justice Evatt. [More…]
This will enable the Court to consider the whole question and to make decisions that do justice to the parties involved. [More…]
This is extended to include any other circumstance where there has been a miscarriage of justice (clause 12). [More…]
I think it is against the very principles of justice to couch legislation in these terms. [More…]
But you do me too much justice, senator, because I had to re-read my speech to find out where I was up to. [More…]
In his judgment Mr Justice Stephen restated the provisions of section 107 of the Social Services Act. [More…]
In his judgment Mr Justice Stephen makes the comment that paragraph (c)- that one which talks of the satisfaction of the Director-General- is not directly concerned with factual circumstances but rather with the state of mind of the Director-General. [More…]
Therefore it does not matter if you can establish a case- that you are unemployed, that you do intend to remain permanently in Australia, that your unemployment is not due to your own action, or that you are prepared and capable of taking a job- according to the judgment of Mr Justice Stephen, this does not mean that you are entitled to the unemployment benefit. [More…]
In his judgment Mr Justice Stephen makes the comment that paragraph (c)- that one which talks of the satisfaction of the Director-General- is not directly concerned with factual circumstances but rather with the state of mind of the Director-General. [More…]
Mr Justice Stephen said that there is no doubt that it was not until 22 February 1977 that the Director-General became satisfied in terms of the Act. [More…]
On page 24 of his judgment Mr Justice Stephen said: [More…]
She again quoted Mr Justice Stephen who said: [More…]
If Senator Rae holds himself up as a greater legal authority than the stated word of Mr Justice Stephen he is entitled to his opinion. [More…]
Mr Justice Stephen is of High Court status. [More…]
1 refer to a judgment of the High Court by Mr Justice Kitto which is printed there and particularly to page 1291 of the Journal. [More…]
Senator Chaney referred to a judgment of Mr Justice Kitto which said that under the Act, as amended in 1967, an appeal court is an appeal court in name only and that its function is not only that of a court of appellate jurisdiction but also that of a court with as much original jurisdiction as if there were no Commissioner. [More…]
I would suggest that this is what all of us have so long been striving for: a world in which freedom, justice and solidarity are part of every man’s everyday life. [More…]
If this was the purpose for which the second $50,000 loan was being made- making a grand total of $100,000 being given to the Beggs family for disaster relief- how much stronger does that make the criticisms that I have already advanced about the doubts which surround the justice of and the justification for a loan being made at all to the Beggs family, given the $180,000 it received from the State Electricity Commission? [More…]
The two major devices recommended by Mr Justice Fox to protect the environment and the Aborigines in the Alligator Rivers region have been disregarded. [More…]
Mr Justice Fox stated in his report that he clearly believed this would place too much stress on Aboriginal communities. [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…]
The High Court is a non-elected bench of justices who are politically irresponsible in a strict sense in that they do not have to answer to anyone for their activity no matter how devastating that activity may be within the community. [More…]
There is no doubt that that Court, particularly under Chief Justice Barwick - [More…]
Therefore, in the case of the Federal Commissioner of Taxation v. South Australian Battery Makers Pty Ltd, Mr Justice Murphy demonstrated some of the skills which have commended him to so many Australian people. [More…]
It is well known that the Master of the Rolls, Mr Justice Green in 1942 indicated the judiciary’s view that retrospective legislation in regard to tax matters was compatible with the normal protection by common law judges of citizens against legislation of a penal character. [More…]
However, the provisions are quite complex and in order to do justice to the question I will act, as Senator Wriedt suggested, and see that he is provided with a written answer which will fully cover the points raised by him in the query he raised on those proposed sections. [More…]
It is a travesty of justice against Parliament and against the individual member of the Parliament that the Government is prepared to treat a matter in such a cavalier fashion. [More…]
Was the reduction of the qualifying period an undertaking given to Mr Justice McGregor before he sat on the royal commission of inquiry into the Queensland electoral boundaries dispute? [More…]
Mr Justice McGregor was appointed to the Federal Court in, I think, about October 1977. [More…]
As far as I could ascertain from discussions with Mr Justice McGregor, he accepted the offer of appointment to the bench without any consideration of this matter of a pension. [More…]
I did mention this fact to Mr Justice McGregor, but that was after he had indicated to me his acceptance of the offer of appointment. [More…]
No, the only discussion that I had with Mr Justice McGregor in relation to this matter was when he was appointed to the court, which was in October 1 977. [More…]
I ask the Attorney-General: Are there any present Justices of the High Court or the Federal Court of Australia who will be beneficiaries under the proposed amendments to the Judges Pension Act or is Mr Justice McGregor the only present judge who will be affected by the proposed amendments? [More…]
As far as I am aware only two judges, Mr Justice McGregor of the Federal Court, and a judge of the Family Court, will be affected by the amendments dealing with compulsory retirement. [More…]
The justice of that situation is quite straightforward. [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 by the Prime Minister (Mr Malcolm Fraser) to the House of Representatives 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 1 977. [More…]
Mr Justice Woodward has instituted a rigorous system of internal checks to ensure that the Organisation’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 ongoing reforms. [More…]
Mr Justice Hope pointed out that the justification for the existence of a security organisation 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 Organisation is limited to what is necessary for the purposes of the discharge of its functions and that the Organisation is kept free from any influences not relevant to its functions, follow closely the significant recommendations of Mr Justice Hope in that regard. [More…]
Additionally, in accordance with Mr Justice Hope’s recommendation, the provisions of the Bill relating to the DirectorGeneral, 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 the members of all parties share that view. [More…]
In the Sir Edward Pellew group, one of the islands not granted by Mr Justice Toohey has been declared a town site. [More…]
If I can paraphrase the line that was used so often by people who learnt typing years ago, now is the time for all good men to come to the aid of the Aborigines and of justice. [More…]
Of course, in the whole context of raising revenue for necessary government expenditure and given the difficulty which we know the Government faces in that regard, it may be that this is a matter of justice, fairness and equity to employees and ordinary traders will become swamped in considerations of raising revenue for government, not that this particular priority raises much more than $6m or $8m for government. [More…]
As far as my own role is concerned with the Borroloola situation, I do not propose to take action on Mr Justice Toohey ‘s recommendation with respect to the Borroloola common until the parties have had a chance to hold those discussions because I do not wish to pre-empt any agreement which may be reached. [More…]
Finally, I have agreed with the Borroloola people that I will examine the possibility of issuing a title to the islands which was recommended by Mr Justice Toohey. [More…]
I think he would do justice to the Ministry when he is elevated to that position. [More…]
The whole sequence of events revealed the true nature of the situation, how justice is applied at the lower level in Queensland. [More…]
But one discovers the reality is that the magistrate is a servant of the Queensland Department of Justice. [More…]
Recently in Melbourne I attended a meeting organised for the purpose of bringing together some of these people in an attempt to bring justice to people affected by the Government’s neglect. [More…]
In other words, we are concerned that justice must not only be done but also must be seen to be done. [More…]
In this case the people have little grasp of our system of justice and law; many have a very poor grasp of English; some of them in fact are illiterate in their own language; they are certainly ignorant of their rights under our laws. [More…]
What sort of confidence can they have when they appear in our courts of justice, if that sort of thing occurs? [More…]
Finally on the matter of justice, I would like to question the fact that the basic concept of innocent until proven guilty, which most of us accept as fairly basic to our legal system, would appear to have been offended in this case. [More…]
That is not so- we are endeavouring to help people to obtain their rights and justice. [More…]
However, to assume a person guilty until proven innocent is contrary to our system of justice. [More…]
What was happening was that people were losing their benefits before they were investigated and before they were charged, and this was giving the impression in the Greek community that the principle of British justice that we all talk about was being ignored. [More…]
To have an independent inquiry at the same time as justice is being sought through the courts would seem to me to be a peculiar way to conduct the affairs of a government department. [More…]
The Archbishop and I both said that the Greek community and the Commonwealth Government have a mutual concern to ensure that the rights of individuals are protected and that justice is done. [More…]
He also stressed that the moral aspect of the matter required that truth and justice dominate the procedures involved. [More…]
Early next week in New South Wales the justice of the Australian courts will be applied to those people against whom charges have been laid. [More…]
I think that court hearings in the system of the Australian courts of justice could have very great distractions if an Opposition were to pursue a political and independent inquiry at a time when the justice of the courts must be seen to be done- as Senator Grimes urged was essential. [More…]
They have their legal rights which they have been exercising and will continue to exercise, and I am sure that the administration of justice in this country is well able to cope with the situation without the aid of the Opposition. [More…]
Actually, it is designed not to do justice for people but is a way in which the Opposition hopes to obtain reform of the defamation laws. [More…]
They should not be taken to an independent inquiry which the Opposition wants to set up, an inquiry which will obstruct the course of justice in this country and interfere with matters which are being litigated. [More…]
The Archbishop in stressing the moral aspect of the matter expressed his vivid interest in seeing truth and justice dominate the whole procedure. [More…]
We should be satisfied that justice is done and that matters which are the responsibility of the Minister are dealt with in this chamber by way of questions which the Minister will answer fairly. [More…]
This is in keeping with the recommendations of Mr Justice Toose in his report on the repatriation system. [More…]
In the past the concern for the greater numbers of civil pensioners and their beneficiaries has clouded the fact that the veterans also were involved and also will fail to get economic justice as a result of this Budget decision. [More…]
In fact Mr Justice Hope, in his royal commission report, found a number of illegalities, so-called, in relation to the conduct of members of ASIO. [More…]
The point I want to make there is that Mr Justice Hope found a number of disquieting aspects of the operation of the Australian Security Intelligence Organisation in the context of the inquiry that he conducted. [More…]
I would say, in all fairness, that some of the other recommendations which Mr Justice Hope made, and which did not require legislation, have already been implemented by the Government. [More…]
That may be so, senator, but in fact we have not been told, and one hopes that the recommendations of Mr Justice Hope that have been implemented are operating effectively. [More…]
We regard the provision in the legislation as inadequate and very much regret that the tribunal is not to give effect to that element of retrospectivity which Mr Justice Hope suggested. [More…]
In paragraphs 141 and 142 of his report he made the point that incorrect security assessments may remain, to persons who were adversely affected, a potential source of injustice for the rest of their careers. [More…]
That is the principle of ministerial control and responsibility to which I have referred and to which Mr Justice Hope referred. [More…]
In his third report Mr Justice Hope specifically criticised that sort of concept and made an important historical comment- I have said that we have to see this in the context of experience- when he said: [More…]
In his second reading speech the Attorney-General (Senator Durack) gave high praise to Mr Justice Woodward, the present Director-General of ASIO, and we make no criticism of and no hostile comment about those remarks of the Attorney-General. [More…]
We all hope that Mr Justice Woodward has found the secret of eternal life as Director-General of ASIO and that that observation may not be true but, of course, it is true, and experience shows us that organisations such as the Central Intelligence Agency and the American Government have made very drastic mistakes by tending to leave matters of this kind, which are properly the subject matter of very clear legislation, to the whims of a particular director. [More…]
Mr Justice Hope was pretty strong on a bipartisan approach te legislation of this kind. [More…]
His Honour Mr Justice Hope in his fourth report said: [More…]
I think that the definitions proposed within the ASIO Bill, drawn as they are from the extensive research and work done by Mr Justice Hope in his review of Australia’s security services, indicate that we have attempted to grapple in a fair and reasonable way with those definitions. [More…]
I do not think that anybody would dispute- certainly Mr Justice Hope has not at any stage sought to dispute- the need for some sort of security service in Australia. [More…]
From paragraph 1 1 onwards in the second report of the Royal Commission, Mr Justice Hope deals with this particular problem. [More…]
But even after his exhaustive review in South Australia, Mr Acting Justice White was moved to comment on page 25 of his report in these terms: [More…]
I believe that Mr Justice Hope has considered in detail the nature and definition of terms such as ‘ terrorism ‘ and ‘ security ‘. [More…]
Justice Mitchell in her royal commission report on the dismissal of Harold Hubert Salisbury observed the way in which Commissioner Salisbury regarded his relationship with the Government. [More…]
One knows from the report of Mr Acting Justice White about the arms full of material kept in South Australia’s Special Branch- much of it exchanged with ASIO and much of it, in his words, ‘scandalously inaccurate’. [More…]
Let me quote from what Justice Louis Brandeis had to say in talking about the activities of law enforcement and intelligence gathering. [More…]
In particular, we have now seen the appointment of Mr Justice Woodward as the Director-General, a man of whose personal competence and integrity we are in no doubt. [More…]
I have already said about Mr Justice Woodward that the Opposition does have complete confidence in his competence and integrity. [More…]
The investigation by Mr Justice Hope, although we by no means agree with all of his recommendations, was itself an indication of the value of this kind of independent judicial scrutiny of and report on a security agency. [More…]
So, too, in our opinion, although there might be contrary views about this from some sources, was the action of Mr Justice White in relation to cleaning up the extraordinary mess that the South Australian Special Branch had got itself into, as revealed in the course of the Salisbury affair. [More…]
The bipartisan aspect of the new security arrangements was emphasised a very great deal by Mr Justice Hope. [More…]
Mr Justice Hope clearly and unequivocally recommended that the new appeals procedure be retrospective in operation so that people who have been adversely affected in the past in their career opportunities, their citizenship applications and so on, should have the opportunity to get the validity of those proceedings in the past independently assessed and reviewed. [More…]
Mr Justice Hope reported that in the five years before 1977 ASIO security checks were done on 344,000 different people. [More…]
Justice Hope, the royal commissioner, said in his report tabled in the Parliament in October 1 977: [More…]
Mr Justice Hope made the following pointed comment: [More…]
These words are the more significant in view of the fact that their author, Mr Justice Hope, is not your raving reactionary. [More…]
Mr Justice Hope declared in his report that a security organisation fulfilling its proper role is entitled to the confidence and respect of the nation as is the Defence Force. [More…]
Reference has been made to the fact that a number of Mr Justice Hope ‘s recommendations have been implemented already in the administrative field. [More…]
But we must bear in mind the statement by Mr Justice Hope that such an organisation does deserve the confidence and respect of the people. [More…]
However, we are faced with the threats to our security which were outlined in the report of His Honour Mr Justice Hope, the Royal Commissioner on Intelligence and Security. [More…]
The reforms embodied in the Bill before us were recommended by Mr Justice Hope in the report of the Royal Commission on Intelligence and Security after he had conducted a thorough and searching review of our needs for a security service. [More…]
I need hardly remind the Senate that Mr Justice Hope was appointed by the Whitlam Government and it is to be hoped that in these discussions a bi-partisan attitude, which was not entirely evident when Senator Evans was speaking, will shine through. [More…]
That was a clear recommendation by Mr Justice Hope and I do not think that any honourable senator here could possibly disagree with that recommendation. [More…]
In my view the main outrage of Senator Murphy’s celebrated raid on ASIO is the thought of him leafing through raw dossiers on individuals, an action which Mr Justice Hope pointed out should have been resisted by ASIO. [More…]
I think I would be speaking for most members of the Australian Labor Party when I say that at least this Bill, insofar as it embodies the recommendations of Mr Justice Hope, will bring about considerable improvements on the law as it has stood up till now. [More…]
Senator Missen by way of interjection a few minutes ago referred to the fact that Mr Justice Hope himself in his report had referred to the leaking of information from ASIO to the Press. [More…]
This is something that was established in Mr Justice Hope’s inquiry. [More…]
I certainly think that anybody who reads Mr Justice Hope’s report with any degree of intelligence will know that that suggestion is implicit in His Honour’s report. [More…]
The Aboriginal Lands Commissioner, Mr Justice Toohey of the Northern Territory Supreme Court, proposes to consider on 2 April this year the claims lodged by the Central Land Council in respect of land comprising the Park and other lands in the area of the Park. [More…]
Clearly, the notion of impropriety gave Mr Justice McGregor considerable difficulty when looking into the activities of Mr Eric Robinson and Senator Withers. [More…]
As Mr Justice McGregor pointed out, the word ‘impropriety’ is not susceptible to close definition. [More…]
One of the reasons why Mr Justice McGregor had difficulty with the concept was that the Government of the day has made no attempt to define what it thinks are the proper standards of conduct of Ministers. [More…]
Senator Withers was sacked because of the way in which he gave evidence before Mr Justice McGregor and his admission to the Senate that he may have misled it. [More…]
It cannot have escaped honourable senators that the Fraser Government set up an inquiry under Mr Justice Nigel Bowen to look at the whole question of pecuniary interests, not only of Ministers but of members of parliament and others. [More…]
Senator Withers, who was found guilty of impropriety but not a breach of the law- Mr Justice McGregor said definitely that there was no breach of the law- is out of the Ministry. [More…]
One cannot condemn judges of the court because that is contrary to Standing Orders; but the decision of the Chief Justice, Sir Garfield Barwick, in the Webster case has been criticised throughout the Australian legal profession. [More…]
Having referred to Mr Justice Kerr becoming Governor-General: to appoint Senator Murphy to the High Court. [More…]
Among the things the mining industry suggests is that Mr Justice Toohey, when making decisions, recognises that the Act compels him to give more favourable consideration to Aboriginal ownership rights than to the rights of other sections of the community. [More…]
He said that Justice Toohey will grant land to the Aboriginal people only when white men do not want it or show little interest in it. [More…]
I think many honourable senators would know Justice Toohey. [More…]
He should not cast such a reflection on Mr Justice Toohey. [More…]
The people to whom I am referring are Europeans- the small businessmen, small tourist operators, who at the moment have great difficulty in putting their cases before Mr Justice Toohey for one reason, namely that they do not have the financial ability to obtain the services of the kind of people who are putting the cases for the Aboriginal people. [More…]
It is true, as Senator Cavanagh has said, that I have yet to issue titles with respect to the land at Borroloola as has been recommended by Mr Justice Toohey. [More…]
Until those negotiations are completed, I do not wish to commit myself on the requests which have been made to me or on Mr Justice Toohey ‘s recommendation. [More…]
I am hopeful that I will be able to take action on Mr Justice Toohey ‘s report in accordance with an agreement between the parties concerned with Borroloola which will be more satisfactory for them than the position that exists at the moment. [More…]
The Council of Australian Government Employee Organisations has been making strong representations and conducting a campaign to get justice for these workers. [More…]
I was glad to hear the Minister for Social Security (Senator Guilfoyle) today, in answer to a question asked by Senator Bishop, state that she, at last after all this time, is aware of the difficulties and injustices which apply. [More…]
The meeting was called to present their case and to swap information so that some justice could be achieved. [More…]
Service, I believe, should be good and should be automatic both to the employees and to the Commissioner so that he knows what is going on and can make sure that justice is done. [More…]
It would bring justice to a lot of people. [More…]
For example, it is inappropriate that such large sums of public money should be spent on ‘investigations’ such as those castigated by Mr Justice White in South Australia which merely lead to files on people pursuing legitimate public interest causes. [More…]
One is led to some concern on these matters by the report of Mr Justice Hope, who gave specific examples of the Australian Security Intelligence Organisation in fact committing indiscretions and in fact being incompetent. [More…]
This legislation allegedly will put Mr Justice Hope’s recommendations into words which will be binding on all citizens of the country. [More…]
-Has the Minister representing the Minister for Administrative Services read the comments attributed to Mr Justice Muirhead when speaking at a symposium in Adelaide? [More…]
Mr Justice Muirhead is also reported as seeing a need in the Territory for a special branch of the Commonwealth Police as a counter to terrorism which he sees as a potential threat. [More…]
I have not seen the reports of Mr Justice Muirhead ‘s comments but the extracts read to the Senate by the honourable senator make some sense. [More…]
Mr Justice Marks found that the Commission was acting outside the scope of the Act in developing a site at Keilor. [More…]
The case, decided by Mr Justice Marks, concerned 67 acres of land, most of it owned by the Housing Commission of Victoria and the rest owned by the Keilor City Council, which the Housing Commission of Victoria wanted to develop as a community centre with schools, a hotel, parkland and a shopping centre. [More…]
The argument which, in short, was upheld by Mr Justice Marks of the Supreme Court of Victoria and the decision of the Court was that the Housing Commission was acting illegally in purchasing and arranging for the servicing of this land with Commonwealth funds because it was not acting for purposes set down in the Victorian Housing Commission Act. [More…]
This Bill seeks to repeal two earlier Acts of 1956 and 1976, and purports to give effect to the finding of the royal commission headed by Mr Justice Hope. [More…]
To the extent that the legislation does give effect to the findings of the royal commission headed by Mr Justice Hope, the Opposition welcomes the introduction of this Bill. [More…]
This would be farcical if it were not so blatant a denial of natural justice. [More…]
It is, I think, important to realise that it quite substantially implements, but not wholly, the Hope reports- the reports which Mr Justice Hope presented to the Government after a great deal of consideration. [More…]
But it must also be understood that the second, third and fourth reports omit a number of matters which Mr Justice Hope felt could not possibly be made public. [More…]
Mr Justice Hope on page 70 of the first volume of his fourth report talks about questions of the particular principles of propriety including legality to which ASIO should have regard in fulfilling its functions. [More…]
In the course of his fourth volume, Mr Justice Hope referred to this general trend towards more open government. [More…]
Mr Justice Hope says that in the future this may change. [More…]
Finally, we must bear in mind in respect of this freedom of information area what Mr Justice Hope said in the small part of his third report which was disclosed. [More…]
But we should also bear in mind the warning Justice Hope gives in paragraph 46 of the report which states: [More…]
Mr Justice Hope also made this statement in his fourth report: [More…]
I believe that this has been advocated often but Mr Justice Hope did not applaud it, nor does the Bill include it. [More…]
Mr Justice Hope, in his fourth report, expressed the view- and applauded the suggestion of the Treasury- that provisions for audit ought to be set out in the Bill. [More…]
In this regard the Bill generally follows the recommendations of Mr Justice Hope, but there are five matters which I think must be mentioned. [More…]
Mr Justice Hope, in his second report, came to a different conclusion about this aspect. [More…]
Mr Justice Hope pointed out in the second volume of his fourth report that there are other cases and they will not be covered by this provision. [More…]
It is not the Prime Minister, as Mr Justice Hope recommended; it is the Attorney-General who can make the decision to deny a person the right of appeal on information which may be mistaken. [More…]
I am not necessarily saying that we should undertake an investigation such as that undertaken by Mr Justice Hope. [More…]
I wish to quote briefly some excerpts from the report of Mr Justice Hope. [More…]
In paragraph 14 Mr Justice Hope said: [More…]
Reading between the lines, I think Mr Justice Hope is suggesting that over a period many people working in ASIO and perhaps high up in the echelon have not had high personal qualities. [More…]
I repeat that Mr Justice Hope said: [More…]
We do not know and we shall never know what Mr Justice Hope is not prepared to publish. [More…]
Mr Justice Hope went on in paragraph 1 8 to say: [More…]
That is a fairly damaging charge for Mr Justice Hope to make about an organisation which has been in existence in this country for some 25 or 30 years. [More…]
The inference I draw from those paragraphs is not only that the organisation was incompetent but also that it was quite obvious that those in charge of it had to have their arms twisted up their backs before they would give Mr Justice Hope the information he sought under his charter- a charter from the democratically elected government of the day. [More…]
In the next few pages of his fourth report, Mr Justice Hope went on to say much about espionage, subversion, sabotage, et cetera. [More…]
I would have thought that a learned gentleman such as Mr Justice Hope would have looked for a brighter star on which to hang his argument. [More…]
The whole of that part of Mr Justice Hope ‘s report reads something like an extreme right wing journal at the height of the Cold War. [More…]
Mr Justice Hope goes on to talk about the type of weapons that a security service such as ASIO needs to operate- telephone taps, bugs or listening devices, mail interception et cetera. [More…]
Perhaps the greatest understatement in the whole report, in my view, comes on page 98 at paragraph 177 where Mr Justice Hope said: [More…]
The Government is implementing in this legislation the basic reforms recommended by the Royal Commission on Intelligence and Security led by Mr Justice Hope. [More…]
So far the Senate has had a lot of quotations from the report of Mr Justice Hope criticising the way in which some ASIO functions were previously carried out. [More…]
That is the sort of objectivity that I would like to have seen carried through into postwar Australia when Chifley appointed Justice Reed as the first ASIO Director. [More…]
I do not think I am breaking any security regulations in saying so, but at the instigation of the former Prime Minister I did have the opportunity of testifying before Mr Justice Hope. [More…]
I said to Mr Justice Hope and I say now that I do not mind a person on the Yarra bank in Melbourne or in the Domain in Sydney ranting on, as he is entitled to do, about what he thinks is wrong with society, but the fact is that in the history of Australia- and in this view I was buttressed by State and Commonwealth police testimony before the famous Townley Committee- no group on the left has used explosives, dynamite; but it has been used by people of the far right. [More…]
Mr Justice Muirhead of the Northern Territory Supreme Court said that the north is open to terrorism and more surveillance is needed. [More…]
I know Mr Justice Muirhead and I think his remarks were very timely. [More…]
Mr Justice Muirhead is a very wise and aware person. [More…]
Mr Justice Muirhead, of the Northern Territory Supreme Court, told the conference in Adelaide that one of the basic safeguards against terrorism was surveillance of suspects. [More…]
Mr Justice Muirhead has called for the setting up of a special branch once again. [More…]
Mr Justice Reed established and organised ASIO. [More…]
Mr Justice Hope was asked to look into the situation and to report back to the Parliament. [More…]
No doubt, many members of Parliament and interested Australians have read the eight reports presented by Mr Justice Hope arising from the Royal Commission on Intelligence and Security. [More…]
Mr Justice Hope discusses at some length the ASIO situation and describes at some length subversion, sabotage, terrorism, security needs, disinformation, and other matters. [More…]
Mr Justice Hope spoke of subversion in his report and stated: [More…]
Finally I refer to what Mr Justice Hope said in regard to Australia’s security intelligence needs. [More…]
Might I suggest to the people who do show some concern, particularly about human rights, that in looking at Mr Justice Hope ‘s report and looking at the legislation that has been introduced one does find some variation. [More…]
By way of preface, I refer to an extremely magnanimous gesture that I made three weeks ago in which I withdrew from the Notice Paper a motion which called for justice, to be shown for interpreters and translators who are Commonwealth Bank employees. [More…]
The irony of this is that because of the inequalities in our society, including the system of justice in our society, those who commit offences, those who are caught committing offences and those who are penalised for committing offences are those who contribute to the poor-boxes and who frequently need to seek aid from the poor-boxes. [More…]
The then Prime Minister, Mr Whitlam, made a statement on 21 August 1974 in which he announced that the Governor-General, on the advice of the Executive Council, had appointed Mr Justice Hope of the Supreme Court of New South Wales as a royal commissioner to inquire into Australia’s security and intelligence services. [More…]
The then Prime Minister recalled that in his policy speech of 29 April 1974 he had given an undertaking that the Government would, if returned, appoint a judicial inquiry into the structure of the Australian security services, and the methods of reviewing decisions adversely affecting citizens or migrants and he said that the commission given to Mr Justice Hope would fulfil both parts of his election promise. [More…]
The royal commission that was effectively conducted and reported upon by Mr Justice Hope was set up as a result of the policies of the Labor Party and in accordance with the decisions taken by the Labor Cabinet. [More…]
In 1949 Prime Minister Chifley set up the security organisation under Mr Justice Reed for the purpose of giving Australia the security that would permit it to become a party to that agreement. [More…]
Everyone had the greatest confidence in Mr Justice Reed but the first occasion on which I know of the security Act being imposed happened to involve myself. [More…]
The only remedy was the courts, either through the uncertain and complex route of the prerogative writs in situations when the Administrator had acted either beyond or in excess of his jurisdiction or in breach of the rules of natural justice, or through specific court remedies created by the particular enabling legislation. [More…]
Therefore, they have to depend on either the sense of justice or the compassion of adults to ensure that they are given the same protection as adults expect and normally obtain. [More…]
It is interesting to look back as far as 1853, when a justice of the Supreme Court of Indiana said: [More…]
But if he cannot understand the implications of what was said by the justice I have quoted that is his problem, not mine. [More…]
I am not going to name them because I might upset justice. [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…]
After a perusal of a sample of 41,000 dossiers, Mr Justice White from South Australia said: [More…]
They were in line with Mr Justice White’s general summation in his submission to the South Australian Parliament. [More…]
It is that sort of activity that Mr Justice Hope has condemned out of hand. [More…]
I do not know- Parliament is never told these thingswhether that was the reason for Mr Barbour’s change and for the subsequent appointment of Mr Justice Woodward. [More…]
In fact the evidence from Mr Justice White, Mr Justice Hope and Mr Wran’s privacy committee is to the contrary. [More…]
I ask whether it is any wonder that Mr Justice Hope, in summing up ASIO’s capacity for intelligence assessment, wrote so despairingly: 1 must report that I saw little evidence in ASIO that the qualities of mind and expertise needed were recognised, or available in any large measure. [More…]
It is no wonder that Mr Justice Hope made the comment, which I cannot put my finger on precisely at the moment, that legitimate political activity had to be protected at all costs. [More…]
The primary aims of government, I suggest, should be three: security, justice and conservation. [More…]
It endeavours to carry out the findings of Mr Justice Hope. [More…]
We do know that prior to the introduction of this legislation the Executive introduced some of the requirements of Mr Justice Hope which could be put into effect other than by legislation. [More…]
Let us look at some of the things that Mr Justice Hope spoke about. [More…]
It seems to me that some speakers have used quotations from Mr Justice Hope’s report simply to explain their own emotive viewpoints. [More…]
Mr Justice Hope has recognised ‘that a balance between the rights of individual persons and the preservation of the security of Australia as a nation is no simple or easy thing to achieve ‘. [More…]
Surely honourable senators opposite are not suggesting that Mr Justice Hope had not read or studied that evidence. [More…]
It is all set out in the fourth report of Mr Justice Hope. [More…]
This is the issue which Mr Justice Hope faced and which the Attorney-General faced when he drew up this legislation. [More…]
He was talking about the primary aims of government being security, justice and conservation. [More…]
-The definition of ‘subversion’ is perhaps one of the more difficult tasks that Mr Justice Hope had. [More…]
In Mr Justice Hope’s recommendations with respect to the domestic aspects of subversion, without spelling them out here in detail, it was clear that the concept of force or violence as an element in the notion of subversion- the concept of overthrowing the constitutional government, of unlawfulness in the activity involved or contemplated by the persons in question- was the basic flavour that emerges from his definition. [More…]
It is certainly regrettable that the definition of subversion, as it appears in the Bill before us, reaches much more widely than the explicit recommendations on page 41 of the first volume of the fourth report of Mr Justice Hope. [More…]
The subject matter of our second and third amendments, which Senator Button foreshadowed, goes directly to the extension of the definition beyond that which Mr Justice Hope recommended. [More…]
Our first amendment goes to something which Mr Justice Hope did, in fact, recommend and which has been picked up unaltered in the Bill and that is the use of the expression ‘ultimately’ which appears in clause 5(1) (a). [More…]
Now the word ‘ultimately ‘ was not subject to any extended argument or analysis by Mr Justice Hope, and nor has any been offered during the second reading speech or anywhere else in the course of this debate. [More…]
The particular revolutionary groups Mr Justice Hope adverted to quite specifically in his report as having in their political platforms quite explicit revolutionary aspirations, were the Communist Party, the Socialist Party of Australia and the Communist Party of Australia Marxist-Leninist. [More…]
Mr Justice Hope, in relation to the Communist Party, stated at page 47 of Volume I of the fourth report that the revolutionary objective of that party, as most recently reaffirmed in 1972 in the 23rd National Congress, had been expressed in its constitution the following terms: [More…]
I do not know whether they are as good as Mr Justice Woodward’s recent best estimates but they are the ones usually accepted. [More…]
Obviously, I carry no brief for the SPA, as a political party, but I believe that that is a realistic assessment of its revolutionary capabilities, notwithstanding the rather more extravagant rhetoric that is quoted in respect of its constitution by Mr Justice Hope. [More…]
Finally, the third body that attracts Mr Justice Hope’s explicit attention, at page 48 of the report in question, is the CPA(M/L), the China-line communist party which recently, of course, found itself split into two rather bitterly-opposed factions, with its barely 1,000 members divided between those who pledge undying loyalty to the Gang of Four and the Cultural Revolution and those- the larger group- who support the current more pragmatically-inclined Chinese leadership. [More…]
Mr Justice Hope is to be commended on presenting a comprehensive and detailed report. [More…]
Some of the reforms recommended by Mr Justice Hope, including many of those already implemented by the Government, apparently have been successful. [More…]
The general administrative improvements in training and recruitment of staff since the appointment of Mr Justice [More…]
It is no doubt due first to the report of Mr Justice Hope after the analysis he gave and in particular the very sober and responsible recommendations of his report; and secondly, to the large measures of reform of the organisation which have been undertaken by the present Director-General of the organisation, Mr Justice Woodward. [More…]
First and foremost was Mr Justice Hope himself. [More…]
The Government, in a statement by the Prime Minister (Mr Malcolm Fraser) in October 1977, after having given a good deal of thought and study to Mr Justice Hope’s report, indicated that it would adopt substantially his recommendations and would be legislating in due course to give effect to them. [More…]
The Government also accepted many other recommendations made by Mr Justice Hope which could be implemented without legislation and, as I said, a great many of the reforms recommended by Mr Justice Hope have been put into effect under the leadership of the organisation by the present DirectorGeneral, Mr Justice Woodward. [More…]
The Government has indicated- indeed, it is the recommendation of Mr Justice Hope- that matters relating to security, if possible and as far as possible, should be bipartisan. [More…]
The question of a report to Parliament was very carefully considered by Mr Justice Hope; and he recommended against a report to Parliament. [More…]
However, the legislation contains a provision, recommended by Mr Justice Hope, that the Director-General of the Organisation should report to the Government. [More…]
The Organisation has done so and the Government is of the view that that report should be made available to the Leader of the Opposition under conditions of secrecy- as Mr Justice Hope recommended, on Executive Council conditions. [More…]
Although the Government is not prepared to include this in the legislation it is prepared to consider inviting Mr Justice Hope- providing he is available- to have a look at the Organisation on a future occasion, perhaps not in two or three years time but certainly within five years. [More…]
The Government is prepared to ensure- we have always agreed with this in principle and it has been recommended by Mr Justice Hope- the statutory requirement that the Leader of” the Opposition will be given regular information and briefing about the Organisation by the Director-General and will also be given the annual report of the Organisation. [More…]
We have come a long way in recent years under the leadership of Mr Justice Woodward as Director-General of the Organisation. [More…]
As far as I know, Mr Justice Toohey has not yet ruled on that submission. [More…]
In the interests of ensuring justice and encouraging young unemployed people to seek job vacancies, will the Minister assure the Senate that a thorough investigation will be conducted into the activities of both the grape growers and the Mildura Commonwealth Employment Service? [More…]
To have martial law administrators comment on the alleged guilt of an accused person in a country which is ruled by martial law can be regarded only as a severe abuse of justice. [More…]
This resulted from Mr Justice Woodward ‘s inquiry into the land rights of Aboriginals. [More…]
Further on in the document the Council points to the decision made by Mr Justice Toohey when, in considering Borroloola, he sets out the conditions that he thinks he must take into consideration as Aboriginal Land Commissioner under the Aboriginal Land Rights Act. [More…]
Mr Justice Toohey states: [More…]
The legislation derives directly from the recommendations of the Royal Commission into Aboriginal Land Rights conducted by Mr Justice A. E. Woodward in 1973 and 1974 which were accepted by all major political parties ‘, the Minister said. [More…]
The land claims of the Borroloola people have been a source of concern to them since Mr Justice Toohey recommended the granting of only part of their claim. [More…]
In 1869 Archbishop Polding made a statement which was not repeated until a publication entitled Aborigines, A Statement of Concern was prepared by the Catholic Commission for Justice and Peace for the Catholic bishops of Australia last year. [More…]
In natural justice, then, we are held to compensation. [More…]
desire solemnly to lay upon the conscience of all who have property in these colonies the thought that there is blood upon their land, and that human souls, to whom they are in so many ways debtors, in the name of natural justice, and in the name of the Redeemer, are perishing because no man careth for them. [More…]
I think I am correct in saying that all the recommendations that have been made to government by Mr Justice Toohey, the Aboriginal Land Commissioner, have been agreed to by the Federal Government. [More…]
The Attorney-General (Senator Durack) has found himself in the situation of being criticised from time to time for not following the recommendations of Mr Justice Hope ‘s report. [More…]
-I have no doubt that it will, but in order not to be too selective in the way in which one approaches this matter, it is proper to review what Mr Justice Hope said. [More…]
A number of speakers have said that Mr Justice Hope did not appear to have advanced very much reason for using that criterion or definition, but one can find this if one examines Volume 2 of the fourth report, and looks at the draft submission of the United States Department of Justice and the testimony of the Hon. [More…]
On page 101 onwards Mr Levi appears to have quite substantially influenced the decision of Mr Justice Hope, and His Honour so indicates in paragraph 66 at page 40 of Volume 1. [More…]
I believe that basically the use of the word ‘ultimately’ in paragraph (a) of clause 5 (1) is justified on the grounds that I have attempted to set forth; also, not only on the recommendation specifically made by Mr Justice Hope but also on the material upon which he has relied in arriving at that recommendation. [More…]
Of course it is the transgressions and the errors of judgment which have been made over the last 30 years that the Government claims, in response to the report of Mr Justice Hope, that it wants to remedy. [More…]
I am disappointed that Senator Puplick took a less liberal view and is endeavouring to produce evidence based on what Mr Justice Hope has suggested. [More…]
The Government has not adopted all of Mr Justice Hope’s recommendations in respect of this legislation so it is not necessary that we take the view that we are necessarily committed because Mr Justice Hope or some other judicial authority overseas has expressed themselves about this or that particular aspect of the legislation. [More…]
I might also mention that, as has been pointed out by Mr Justice Hope, there have been certain ASIO agents who have not acted in accordance with the charter of that Organisation. [More…]
They are much wider in their text than anything that Mr Justice Hope himself recommended. [More…]
In fact, Mr Justice Hope recommended that the definition of subversion should include the activities of persons directed to- I quote his words- ‘obstructing, hindering or interfering with the taking of measures by the Commonwealth Government in the interests of the security of Australia’. [More…]
That was a very general proposition by Mr Justice Hope and this particular limb of clause 5 ( 1 ) (b), which lends a little more particularity to Mr Justice Hope’s recommendation, is simply saying that the powers of the or- the activities of persons which are directed- I emphasise the word ‘directed’- to obstructing, hindering or interfering with the performance by the Defence Force of its functions, or the carrying out of other activities by or for the Commonwealth for the purpose of the security or defence thereof. [More…]
The powers are based broadly upon recommendations of Mr Justice Hope. [More…]
I understand that those reports are based on statements made following the decision by Mr Justice Toohey to exclude Ayers Rock- [More…]
I also ask: What are the reasons for Mr Justice Ludeke ‘s one-year appointment as chairman of the Academic Salaries Tribunal? [More…]
Indeed, had Mr Justice Campbell not become Chancellor of the Queensland University, and therefore disqualified himself, there would have been continuity in that regard. [More…]
Mr Justice Ludeke is a very senior member of the Australian Conciliation and Arbitration Commission and it was felt that one could not commit him for long periods. [More…]
When we discussed this matter in the second reading stage of this debate some reference was made to the Report of the Royal Commission on Intelligence and Security and to the comments made by Mr Justice Hope on the question of a bipartisan approach to security matters. [More…]
I refer the Senate again to what Mr Justice Hope had to say on this specific matter. [More…]
That was the approach of Mr Justice Hope to this question. [More…]
The purpose of that suggestion by Mr Justice Hope is clearly that, if we feel that we have to have an organisation such as ASIO, then in the interests of the community it is desirable that it be accepted and respected as much as possible by as broad a spectrum of community opinion as possible. [More…]
When Mr Justice Murphy was the Attorney-General he did not feel any great inhibition about answering a question in this Senate about the number of times- I do not think warrants were involvedASIO was allowed to make telephonic interceptions and how many interceptions of that kind were carried out in each of a number of years. [More…]
I understand, similarly, that the Leader of the Opposition was provided with details of Mr Justice Hope’s inquiry, which were not otherwise made available to members of parliament. [More…]
We say that because of the importance we attach to the conclusions of Mr Justice Hope on the desirability of a bipartisan approach being adopted to the whole business of security. [More…]
It is a fact or which Mr Justice Hope- rightly so in our view- emphasised throughout his report. [More…]
What Mr Justice Hope did not say- one rather wishes he had- is that the practice of adopting a nonbipartisan approach, the practice of not briefing the Leader of the Opposition on security matters, is one that regrettably was instituted by Mr Menzies in 1 950. [More…]
In paragraph 365 of the first volume of Mr Justice Hope’s fourth report- we will see in a moment that he had a couple of shillings each way on this particular controversy- he said: [More…]
On the other hand, as Mr Justice Hope acknowledges, there was the accepted view that he had complete authority, powers of direction and access to records and premises. [More…]
It is the intermediate view of ministerial responsibility in this respect advanced by Mr Justice Hope in his report. [More…]
Mr Justice Hope summarised the position as he saw it. [More…]
In particular, we see the real disincentive for any tendency on the part of a Director-General to misuse his powers- and he is the one who will have access to these individual files- as being the notion of the judicial audit, the process of another spring cleaning job from Mr Justice Hope or, in the case of South Australia, Mr Justice White or somebody else every three years or so. [More…]
The preamble to that clause reflects the recommendations made by Mr Justice Hope on page 1 73 in paragraph 352 where he said: [More…]
I have no real quarrel with the preamble within clause 8 (2) because my approach to this legislation is that in general terms it is based on the recommendations of Mr Justice Hope who, having investigated the situation, was in the best position to make such recommendations. [More…]
Paragraphs (a), (b) and (c) of clause 8(2) presumably are an attempt to pick up the recommendations made by Mr Justice Hope in paragraph 353 on page 173. [More…]
1 think it is as well, since we are dealing with this matter, to read Mr Justice Hope’s recommendation: [More…]
I repeat that Mr Justice Hope’s recommendation in paragraph 353 states: [More…]
In response to the point Senator Harradine has just raised, let me say that the Opposition has indeed noted and applauded the distinction between the text of the Bill and the recommendations of 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 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…]
Since I merely asked the question and since the Opposition has obviously noted and applauded the distinction between the text of the Bill and the recommendations of Mr Justice Hope, let me be as specific as I was in my speech during the second reading debate. [More…]
I raise that because Mr Justice Hope himself indicated that such an organisation was one about which there should be intelligent information, and I stress that. [More…]
Mr Justice Hope obviously felt that there ought to be a very wide measure of independence by the Director-General in relation to his professional opinion, if I can put it in that broad sense. [More…]
It is true that the change in the wording of the Bill from that contained in the recommendations of Mr Justice Hope would mean that the Minister, on behalf of the government of the day, could direct the DirectorGeneral either not to collect intelligence about a particular organisation or to collect intelligence about an organisation. [More…]
Although one may feel dubious as to whether the Minister should override the opinion of the Director-General about whether the Organization should collect intelligence about a particular organisation, the corollary of that is- if one accepts the recommendations of Mr Justice Hope- that the Government could not give a direction to the Organization that it should collect intelligence about a particular organisation. [More…]
In my speech on the second reading debate I referred to the fact that the recommendation in the fourth report of Mr Justice Hope was that there should be a stated period. [More…]
Bearing in mind that in future short appointments might be made, and as 1 think that that is somewhat undesirable, I ask the Attorney-General why this particular recommendation by Mr Justice Hope has been departed from? [More…]
Mr Justice Hope, in his report, found that outside the areas of Commonwealth employment, immigration cases and Commonwealth contracts there was very little communication of intelligence relating to security, and that is why he advised that the appeal system should be confined to those cases. [More…]
Past experience on the relationship between the Australian Security Intelligence Organization and State special branches, for example, was a matter of very adverse comment by Mr Justice Hope. [More…]
However, we would appreciate some undertaking that it would be in legislative form; otherwise we can go right through this Bill and receive letters from Mr Justice Woodward telling us what a good fellow he is going to be, but it is not much help to any member of the public reading the legislation afterwards. [More…]
But so far as the passage of information to State police forces by the Australian Security Intelligence Organization and the relationship between those bodies are concerned, these things will be the subject of agreements which are being investigated by Mr Justice Hope as part of the inquiry that he has been undertaking for some time. [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 direct a question to the Minister for Science and the Environment and refer to the concept mentioned by Mr Justice Fox of Kakadu National Park reaching stage 2, which would have included river catchment regions and would have embraced the Gimbat and Goodparla pastoral leases. [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…]
One would have thought that having recently had the experience of the Withers affair, the Government would have taken notice of what had happened on that occasion and taken steps to ensure that, firstly, there was not a repetition of the Withers affair in the Western Australia redistribution and, secondly, that justice not only would be done but also would appear to be done. [More…]
Mr Justice McGregor states in his report that Senator Withers influenced the distribution commissioners in last year’s redistribution in Queensland to have the proposed name ‘Gold Coast’ changed back to Mcpherson. [More…]
So I think we are entitled to say that not only has the Government got to see that justice is done but also that it appears to be done. [More…]
Senator Gietzelt has said that one would have thought, after all the trouble this Government got into as a result of the last redistribution in another State, that it would have endeavoured strenuously to see that justice was not only done, as Senator Gietzelt put it, but also was seen to be done. [More…]
Justice White in South Australia where it was demonstrated, one would have thought even to Senator Durack ‘s satisfaction, that the State apparatus is simply not to be relied upon in terms of willingness to observe sensitivities and civil liberties of the citizens in the respective States. [More…]
The basis on which information has been accumulated by such State agencies has been made again a matter of public record not only by Mr Justice White’s report but also by the evidence which was forthcoming by Mr Salisbury, the former Chief Commissioner of the South Australian Police, in the evidence he gave before the Mitchell inquiry. [More…]
The relationship between ASIO and State police forces is to be the subject of agreements as a result of inquiries being conducted by Mr Justice Hope. [More…]
Although it is not the duty of the Attorney-General, if he could do anything to curb whoever is responsible for this report, or refer it to the Minister for Post and Telecommunications (Mr Staley) to see that justice is done to this individual- that he is reinstated in the job from which he had no right to be dismissed- it would be appreciated. [More…]
He expressed sympathy with the young fellow concerned, and I look forward to his cooperation in seeing that justice is done, that the man is re-installed in a position that he has displayed competence to carry out. [More…]
This was quite explicitly acknowledged by Mr Justice Hope in the course of his report. [More…]
Mr Justice Hope went on to state: [More…]
In a later section Mr Justice Hope goes on to talk about the absolute necessity for ASIO always complying with the law. [More…]
The difficulty we have is that we have not been told enough, either by Mr Justice Hope or by anything the Attorney-General has offered us in this debate, to enable us to make any such judgment. [More…]
However, what we have been told by Mr Justice Hope is that these powers should not be used when there is any possibility of the information which is being sought being obtainable by other means. [More…]
Mr Justice Hope made this point very clear at page 76 of the volume of the report from which I quoted previously. [More…]
They are not my words; they are the words of Mr Justice Hope. [More…]
I hope that that stricture made by Mr Justice Hope will be observed by the Organisation in the future. [More…]
The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. [More…]
Mr Justice Hope is rather silent on the matter. [More…]
In order that justice should be done to everyone, I have tabled the supplementary submission of the Department of Social Security and I make clear my view that it presents a more civilised and appropriate response than that given in oral evidence eight months earlier. [More…]
Seven Ages: The Justice- Sweden [More…]
I made it abundantly clear that that would be intolerable to social justice and that steps must be taken to rectify the situation. [More…]
These are matters which surely ought not be left in the province of a public servant, certainly not in the province of an intelligence organisation which, as disclosed in the report of Mr Justice Hope, admits grave dereliction of duty and grave breaches in carrying out its responsibilities. [More…]
I do the Labor Party the justice of believing that it also wants such an organisation. [More…]
I would have suspected that and would not have been surprised if, given the report of Mr Acting Justice White or anybody else, every member of this Parliament had some sort of dossier kept on them. [More…]
Just as this party learned from the independent judicial review of Mr Justice Fox and the other commissioners that its previous attitude towards the exportation of uranium was illfounded, so we have learned from the Hope report that our previous trust in the Australian Security Intelligence Organisation was equally unfounded. [More…]
Mr Justice Hope in Volume I of the Fourth Report of the Royal Commission on Intelligence and Security, in dealing with this whole matter of interception, made a number of comments to which I would like to refer. [More…]
Certainly Mr Justice Hope nowhere gives us any indication of what he regards as urgent circumstances. [More…]
I will let Mr Justice Ludeke know that a person of superior legal knowledge says it cannot hear it. [More…]
I understand that the requirements of the injunction issued by Mr Justice Toohey are being observed. [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 of 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 10 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 then 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…]
But, of course, we are dealing with legislation which does not provide for Mr Justice Woodward to go on forever and it is important that the provisions in the legislation be as proper as they possibly can be. [More…]
Australia itself where, without adequate supervision and checks and balances of this kind, quite serious instances of abuse of the powers of an intelligence organisation have been found by, for example, Mr Justice Hope. [More…]
If the Government is willing to accept a suggestion made by Mr Justice Hope in his report that there should be consultation with the Leader of the Opposition about these matters, I think it is only proper that it should accept the whole of the spirit of Mr Justice Hope’s report. [More…]
Mr Justice Hope did not refer only to consultation. [More…]
That is precisely the position which was adopted by Mr Justice Hope. [More…]
I know that the Minister will tell us that the DirectorGeneral, Mr Justice Woodward, will report to the Leader of the Opposition anyway. [More…]
If it does last for a considerable period, as I said before, it ought to be correct in accordance with the views of Mr Justice Hope and embody the democratic checks, balances and safeguards to which I have referred. [More…]
This is the second half of the point which Mr Justice Hope was concerned about and the second half of the point about which we as an Opposition are concerned. [More…]
The reference in Mr Justice Hope’s report refers to the provision of reports to the Leader of the Opposition. [More…]
Mr Justice Hope is not a fool. [More…]
I refer to what Mr Justice White said when he looked at what happened in South Australia. [More…]
After perusal of a small sample of the 4 1 , 000 dossiers held by the Special Branch in Adelaide, acting Justice White reported having found ‘scandalously inaccurate opinions’ about the political standing of prominent citizens. [More…]
-What the honourable senator is asking for is really quite a different right of appeal to the one which is being provided for in this clause and which was recommended by Mr Justice Hope. [More…]
Did Mr Justice Hope direct himself specifically to that problem? [More…]
Mr Justice Hope at page 1 93 of the second volume of his fourth report dealt with this situation and stated that his recommendation did not include a number of people in respect of whom security intelligence is communicated for various purposes. [More…]
After examining this aspect Mr Justice Hope stated in paragraph 25: [More…]
There may be some injustice in the situation where something that falls just short of being a security assessment under this definition is not covered by an appeal. [More…]
This matter was considered by Mr Justice Hope, but he could not see that the legislation should cover the cases mentioned. [More…]
It is said that this Bill is supposed to show some justice. [More…]
In the past there has been no justice for many people in the community. [More…]
As Senator Missen said, Mr Justice Hope considered that aspect and his recommendation was that the area opened up too many other problems. [More…]
Senator Missen said that Mr Justice Hope examined this question and said that it was too difficult- indeed it was impossible- to answer. [More…]
Mr Justice Hope was sympathetic about the matter, but he could not find a solution. [More…]
I am indebted to Senator Missen for drawing attention to that section of Mr Justice Hope’s report in which His Honour confronted these problems. [More…]
But I note that among the problems that Mr Justice Hope put in the ‘too hard’ basket was the matter of communications by the Commonwealth to State authorities which would have the effect of prejudicing State and local government employees. [More…]
The particular problem to which Mr Justice Hope did not find himself able to recommend a solution has apparently proved itself not to be beyond the Commonwealth Government’s resources of ingenuity because that is exactly the situation that is attempted to be dealt with in the proposed new clause 38a. [More…]
One will realise that Mr Justice Hope in his suggestions went further than the Attorney-General (Senator Durack) is going in this legislation because Mr Justice Hope said that decisions on this matter should be made by the Prime Minister himself, not by the Attorney-General. [More…]
I will deal, if I may, with both sub-clause (2) (a) and sub-clause (2) (b) in terms of departure in this legislation from the suggestions made by Mr Justice Hope. [More…]
In respect of subclause (2) (b), I note that Mr Justice Hope in fact indicated in paragraph 1 5 1 of the same volume that the decision to withhold the grounds contained in a security assessment could be made by either the Attorney or the Director-General of Security. [More…]
The fact that the proposal that there should be such a power of withholding this information certainly was recommended by Mr Justice Hope. [More…]
The Government accepted fully the seriousness of this matter, emphasised as it was by that recommendation of Mr Justice Hope. [More…]
I have harped on the point that there will be people from various ethnic communities seeking justice. [More…]
I commend the examples to which I have pointed about the system operating in Montreal and Quebec because 1 would not like to feel that a person is unduly delayed by justice. [More…]
Of course, one previous member of that committee, in the person of Mr Justice McClelland, is now a judge. [More…]
Fortunately they are qualities that are readily found in the judiciary of this country, as we have found with the two judges who have been intimately concerned with this legislation and this Organisation- Mr Justice Hope and Mr Justice Woodward. [More…]
I ask the Government to consider the justice of this clause. [More…]
Is justice done and seen to be done when the accuser states a case and the accused is not to know of the accusations made against him? [More…]
Surely this does not fit into our system of British justice? [More…]
At times there have to be departures from the rules of natural justice. [More…]
Commission’s concern that at times there have to be departures from the rules of natural justice. [More…]
But I am just not persuaded as yet by what I have seen of written material or what I have heard from the Attorney or any other spokesman on this, given the suggestions in the royal commission report and given the fact that the royal commissioner was sufficiently concerned to preface these remarks with the statement ‘at times there have to be departures from the rules of natural justice’. [More…]
It is a departure from, I suppose, what has been understood as something so fundamental to the British style of justice, that is, the ability to know exactly what it is that one is accused of, exactly who it is that is making the accusations, and a complete ability to participate at a time that the accusations are made in a detailed refutation of those accusations. [More…]
The Government is aware of Mr Justice Hope’s recommendation which, if implemented, would have gone a little further and given the Tribunal the power to decide this question. [More…]
We give away our normal forms of legal justice where security is not at risk. [More…]
We do not permit the Tribunal a discretion in the interests of justice in cases in which there is no threat to security. [More…]
One cannot complain about that but in essential areas we take away from the Tribunal the right to decide whether there is a danger to security in giving the applicant the justice that any other court would give him. [More…]
Whether there is a danger to security or not, this Parliament says that he is not entitled to justice normally extended under our system of justice. [More…]
The Parliament would not have to place a total prohibition upon the Tribunal to prevent all the injustices that can be done to someone who possibly has been wronged. [More…]
To give such a person all the justice possible, we should place such a restriction on the power of the Tribunal. [More…]
The third element in the scheme is that the presidential member of the Tribunal can, if he is satisfied that the interests of justice outweigh the particular reasons specified by the AttorneyGeneral to justify his certificate, authorise the disclosure of the information or the contents of the document in question by the Tribunal to an applicant. [More…]
The Tribunal then is given no independent role to determine for itself whether the interests of justice outweigh that particular reason and, accordingly, allow the disclosure of the material to the applicant. [More…]
These are fundamental basic natural justice considerations. [More…]
The Tribunal ought to be able to make its own decision on the basis of taking into account the security value on the one hand against the interests of justice and the applicant having access to it on the other hand. [More…]
We say that this is the very issue that was involved in the Sankey case where the High Court took the view that it was appropriate for a judicial tribunal to make its own mind up whether the interests of justice in a particular case were such as to outweigh the interests in maintaining the freedom from disclosure of Cabinet deliberations. [More…]
It is the interests of justice which are the very statutory criteria laid down. [More…]
I want to put into the record what Mr Justice Hope had to say on this matter in his second report. [More…]
For persons who remain in Australian Government employment, these security assessments, if incorrect, may remain a potential source of injustice in their careers. [More…]
Overseas experience suggests that there may not be many of these cases where the person involved will want to take any action about it, but justice requires that a person whose reputation has been unjustly affected in this way should be entitled to apply to have his name cleared and should be entitled to seek to have the record put right. [More…]
I am concerned that in all the departures that this Bill contains from the recommendations of Mr Justice Hope this is probably one of the most, if not the most, significant. [More…]
I then expressed my concern that this proposal had moved so far away from the recommendations of Mr Justice Hope. [More…]
Clause 63(3) states that when the tribunal has made findings the Minister shall, subject to the requirements of security, take or cause to be taken such action in relation to these findings, by way of communication or publication of the findings or alteration of records, as he considers appropriate in the interests of justice. [More…]
I think that they have described in eloquent terms the intellectual processes by which one comes to the conclusion that the Opposition’s amendment or, indeed, Mr Justice Hope’s proposal for some right of review of retrospective assessments should be accorded in the legislation. [More…]
The situation which I have described really seems to indicate the bumble footed approach on behalf of the ASIO agent, of which there have been plenty of examples, many of which are recorded in Mr Justice Hope’s report. [More…]
Mr Justice Hope investigated the allegations that were made publicly in that respect, and subjected that episode to some stinging criticism in his report. [More…]
I am convinced that, since both the publication of Mr Justice Hope’s report and the introduction of this piece of legislation, the operations of the Organisation are in far more rational hands. [More…]
The recommendation of Mr Justice Hope in relation to this matter is that the report should be given on Executive Council conditions. [More…]
In other parts of this legislation he has been entrusted, in accordance with the suggestions of Mr Justice Hope and in accordance with the arguments that we have put, with information which might be important and which might be highly secret, with no such provision. [More…]
Insofar as the Leader of the Opposition, in the spirit of bipartisanship about which Mr Justice Hope wrote and which largely seems to have eluded the Government - [More…]
Quite clearly the report that Mr Justice Hope envisages as constituting the annual report of ASIO will be something that contains material which of its very nature is critical to the operations of the security service. [More…]
It lies very squarely within the recommendation of Mr Justice Hope. [More…]
The Government’s view in relation to a report to Parliament is based really very much upon Mr Justice Hope’s findings in regard to this matter. [More…]
( 1 ) As soon as practicable after 30 June 198 1, and as soon as practicable after every three succeeding years, following the year ending 30 June 1981, a Judge holding the rank of Justice of the Supreme Court of a State or Territory or of the Federal Court shall be appointed to inquire into and report to the Minister upon: [More…]
It suggests that every three years a judge holding the rank of a Justice of the Supreme Court of a State or Territory or of the Federal Court should be appointed to inquire into and report to the Minister upon several matters. [More…]
The experience of the past, including experience of intelligence agencies overseas and the experience of ASIO itself, is recorded by Mr Justice Hope in his report. [More…]
If it is carried out by someone such as Mr Justice Hope, who has been closely involved with the Organisation, it can be done with a small amount of disruption. [More…]
The experience gained from the investigation by Mr Justice Hope was that the inquiry required a tremendous amount of servicing and attention from the Organisation itself. [More…]
As I said in my reply to the second reading debate, the Government is prepared to invite Mr Justice Hope, if he is available, to have a look at the way the Organisation is operating within a few years. [More…]
We see that as a sensible and desirable course and one which, because of Mr Justice Hope’s considerable experience in and knowledge of the Organisation, would not have the major disruptive effects that would occur if the Opposition’s amendment were agreed to. [More…]
We know that only half of the reports of Mr Justice Hope have been made public. [More…]
Mr Justice Hope rejected that proposal and the Government has rejected it as well. [More…]
All we are really left with at the moment is a somewhat vague promise that in three years or so Mr Justice Hope may look again at this matter. [More…]
They would not need the type of investigation which Mr Justice Hope undertook. [More…]
1 admit that the mere renewal of the legislation might not be such a major task as the initial preparation because of the very extensive investigation by Mr Justice Hope and the fact that it was the first time that such an inquiry had been conducted. [More…]
Mr Justice Hope investigated these questions over a long period. [More…]
In the interests of social and commercial justice, will the Minister request the Treasurer to introduce progressively a uniform level of excise for all alcoholic beverages in Australia, the rate of excise being proportional to the percentage of alcohol in the product? [More…]
-Has the AttorneyGeneral ‘s attention been drawn to Press reports indicating that the Government might be considering either buying or building an official residence for the Chief Justice when the High Court of Australia moves to Canberra? [More…]
The Government has considered this question and has decided not to provide a residence for the Chief Justice of the High Court of Australia either in Canberra or elsewhere. [More…]
As far as I am aware there is no precedent for the provision of such a residence for a Chief Justice in any common law countries and the Government sees no j justification for it. [More…]
Is it the case that the Government of the United States of America has made a decision to take up or espouse the Dillingham case before the International Court of Justice, and accordingly to sue Australia in that forum? [More…]
At that meeting did the Queensland Minister for Justice and Attorney-General, Mr Lickiss, argue for the Queensland Government having exclusive jurisdiction over certain areas of the reef? [More…]
Although the Prime Minister has taken a great interest in the matter I raise, I ask the Attorney-General: Does the Government intend to introduce further legislation to extend the appointment of Mr Justice Fox as Ambassador-At-Large for Nuclear Affairs, covering non-proliferation and safeguard matters? [More…]
A few minutes ago I gave notice that tomorrow I shall introduce a Bill to amend the Judiciary (Diplomatic Representation) Act, which is designed to enable Mr Justice Fox to accept appointment as an ambassador-at-large and to preserve his judicial status and office during the period he is such an ambassador. [More…]
But that Bill will simply extend the application of the existing Judiciary (Diplomatic Representation) Act to cover the new situation of the appointment of Mr Justice Fox. [More…]
The extension of Mr Justice Fox’s appointment would be part of the terms and conditions of his appointment. [More…]
Insofar as certain minimum standards of justice, social welfare and income guarantees are applicable to Australian citizens, in our view they should also be applicable to the people of Norfolk Island. [More…]
Secondly, we say that the desirability of encouraging the maximum degree of selfgovernment should be qualified by the very real interests of the Australian people as a whole, including those of Norfolk Island, in relation to tax matters and the provision of certain minimum standards of justice and levels of income such as we seek in this Parliament, in numerous other debates, to guarantee by one means or another to all Australians. [More…]
Senator Button is saying that it would be left to the islanders to make the application and that when an injustice occurs the people of the island would then have access to some arbitration procedure or some umpire to whom they could appeal for a determination as to whether an award should be made. [More…]
Does it mean that provisions may later be enacted for the purpose of preventing industrial disputes or giving wage justice to workers on the island? [More…]
Senator Withers would be entitled to feel there is no justice if Senator Webster remains as a Minister. [More…]
Is it the case that the United States Government- our one great friend, as the Minister put it- will be suing Australia for $23m or more in the International Court of Justice for Australia’s supposed unlawful expropriation of Dillingham operations on Fraser Island? [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…]
During the debate on the 1977 legislation I stated that we did not then know for how long Mr Justice Fox would be engaged on his work as Ambassador-at-Large. [More…]
Experience has proved that this statement was 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…]
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…]
As I understand it, Mr Justice Woodward made clear in his original recommendations in respect of Aboriginal land rights that in his opinion the amounts paid ought to be taxable. [More…]
It is in line with Mr Justice Woodward’s recommendations and, of course, it is a reasonable thing in the light of the circumstances. [More…]
From Senator Messner’s approach to the Fitzgerald report, one might believe that it is not beauty which is in the eye of the beholder but justice which is in the eye of the beholder. [More…]
Is this on any basis of justice? [More…]
Last Friday in Brisbane, the Chief Justice of the High Court of Australia rejected the Australian Wheat Board’s submission that the wheat marketing case was settled and committed Ubergang’s case for hearing in the full High Court. [More…]
1 now ask the Minister: Is it true that the Commonwealth has argued that Mr Justice Ludeke of the Academic Salaries Tribunal did not have power in this area and therefore the dispute is still unresolved? [More…]
I think that Mr justice Ludeke in effect has reserved his judgment; that he is scratching his head on the matter at the moment. [More…]
Minister can explain the implications of a paragraph appearing in a judgment given by Mr Justice Brennan of the Administrative Appeals Tribunal in relation to a recent deportation case which stated: lt was relevant that Mr Pochi’s liability to deportation depended in part upon an apparent failure by the Department of Immigration and Ethic Affairs to advise him that a grant of citizenship had been made. [More…]
We and the pensioner community of Australia believed that there was a likelihood that the Government, in bringing down a mini-Budget, would decide to restore justice in the area of age pensions. [More…]
The position is deplorable in some of the States where the State inspectorate is responsible to the Department of Labor and the Department, being an employer of many people in the States, therefore is censured by one of its own employees; in other words, Caesar is trying to do justice to Caesar. [More…]
I ask: Is the Minister aware that judges such as Sir Owen Dixon and Mr Justice Else-Mitchell have drawn attention to the fact that section 92 of the Constitution is defective in not referring to Territories such as the Australian Capital Territory, and that this matter has been raised at the Constitutional Convention? [More…]
Then we have the new High Court of Australia building, the cost of which has been expanded by some $7m at the personal whim of the Chief Justice, Sir Garfield Barwick, who would have received also, pursuant to the position he occupies, a country seat had the Press and the Labor Party not exposed to the public what was going on a couple of weeks ago. [More…]
Leaving aside wage justice in terms of an increased share because of productivity and other factors and looking at the wage structure in terms of coping with increased costs, this certainly would be one sensible and logical way of combating inflation and allaying increases for wage demands. [More…]
I believe that on this occasion Senator Rae’s comments do justice to the responsibilities of the Senate and that they will certainly be noted by the Industrial Relations Bureau. [More…]
This was heard before Mr Justice Davies earlier this year. [More…]
But it claims, with some justice, that more help is needed from Canberra to enable the job to be completed within a reasonable period. [More…]
Will the Minister and his officers have immediate talks with Mr Syd Einfield, the New South Wales Minister for Consumer Affairs, in regard to the denial of justice by Grace Bros Pty Ltd of Sydney and its assessors, K. M. Miller of 189 Kent Street, Sydney, to the people who suffered severe scalds when hot coffee escaped from a type of airpot imported from Taiwan? [More…]
This position was confirmed after the meeting by the Queensland Minister for Justice, Mr Lickiss. [More…]
I do not want to pervert justice, if that is the term. [More…]
The Adelaide Advertiser, which is no supporter of the Labor Party, has said that there is great justice in the South Australian Government’s claim. [More…]
I seek some information about what will happen following the handing down in Queensland yesterday by Mr Justice Matthews of a judgment in relation to the payment of award wages to Aborigines on the various reserves in Queensland and those who live off the reserves and who are covered by the relevant Act. [More…]
Mr Justice Matthews of the industrial court said in his judgment: ‘Awards have the force of law and confer material and significant rights on employees entitled to the benefit of them. [More…]
Because Mr Justice Matthews ruled on the question of construction of a Queensland law, he was able to avoid ruling on the application ofthe Commonwealth legislation, the Aborigines and Torres Strait Islanders (Queensland Discriminatory Laws) Act, which was enacted by the Whitlam Labor Government in 1975. [More…]
He and I are aware that the President of the Queensland Industrial Court, Mr Justice Matthews, has handed down his decision that the State does not have the power to pay below award wages to Aboriginals living on reserves. [More…]
But if there is any single thread linking together and explaining these various matters of concern to the Opposition, it is the personality and behaviour of the Chief Justice, Sir Garfield Barwick. [More…]
Sir Garfield has dominated the High Court like a colossus since his appointment as Chief Justice fresh from the ranks ofthe coalition Ministry in 1964. [More…]
The Chief Justice’s opinionsvery often they have been lone, dissenting opinions- have not been such as to attract that kind of intellectual hero worship with which one associates, for better or for worse, the tenure of Sir Owen Dixon as Chief Justice. [More…]
The Chief Justice’s crustiness, if I may use a relatively neutral word, on and off the bench is legendary. [More…]
But it is not too late to cavil about the extraordinary escalation in the building’s original cost which is directly attributable, if I may say so with the utmost respect, to the personal meddling of the Chief Justice. [More…]
By all accounts the Chief Justice not only was associated initially with the selection of the building design but also, ever since its construction began, has been playing about with it rather like an eight year old child with a mechano set, taking a bit off here, putting a bit back there, redesigning this, fiddling with that- [More…]
To talk of the Chief Justice of the High Court as an eight year old child, I think, is not upholding the dignity of this chamber. [More…]
Perhaps he could moderate his language to indicate what has been done without reflecting upon the Chief Justice. [More…]
The additional cost which has been attributable directly to the Chief Justice’s engagement in the matters relating to the detail of building design- if I may use that circumlocution- has been acknowledged by the Government, in answers to questions put in this place, to be $2. [More…]
I understand that the kind specified by the Chief Justice was obtainable, perhaps understandably enough, only in South Africa. [More…]
The third figure, which has been referred to and acknowledged specifically by this Government is $650,000 for the refinishing of walls and ceilings in the main court rooms in timber panelling rather than, as was part of the original design, finished concrete- finished concrete apparently not being posh enough for Sir Garfield Barwick and his brother justices. [More…]
On the available information one fears that if it becomes a choice for the Chief Justice between library and research staff or a sea of liveried flunkies around the place, the choice would be all too enthusiastically for the latter. [More…]
The only glimmer of hope in this respectsince 1 have been critical of the Chief Justice in what I have said so far let me balance it with a plaudit where it is due- has been the introduction of the biennial speech by the Chief Justice on ‘The State ofthe Australian Judicature’. [More…]
It appears that the Court, and in particular the Chief Justice, believe in giving out only that information which is regarded as ‘appropriate’. [More…]
The Chief Justice seems to believe in giving out information only on his own terms. [More…]
I have reason to suspect that the real reason I did not get this information was a desire on the part of the Chief Justice to ensure that no questions be answered which would expose to public and parliamentary scrutiny - [More…]
There is nothing in the material that 1 have had before me orin anything that has been said by the Government which dissuades me from the belief that there has been direct personal intervention by the Chief Justice to stop the communication of this basic and straightforward information. [More…]
It may not be as noble as the Chief Justice might have aspired to have it. [More…]
All of us, I believe, on this occasion should pay tribute to those who over the decades have sought to have this Court in Canberra, and not least to the Chief Justice and the present Justices who have spurred us to see that within not so many years- three or four- the principal seat of the High Court, a noble seat, will be at the seat of government. [More…]
This person is frightened to take the matter before the law courts to obtain justice because of the threat that has been made. [More…]
I leave the matter with you, Mr President, in full confidence that you will do all possible to see that justice is done. [More…]
Mr Justice Mason stated: [More…]
The Acting Chief Justice, Mr Justice Gibbs, said: lt is in all cases the duty of the court, and not the privilege of the executive government, to decide whether a document will bc produced or may be withheld. [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 bc produced outweighs the public interest that a court of justice in performing its functions should not bc denied access to relevant evidence. [More…]
In the Sydney Morning Herald of 1 May 1979, the following report on the comments Mr Justice Samuels, an appeal judge of the New South Wales Supreme Court, appeared: [More…]
to quote Mr Justice Samuels as saying about Mr Walker: he had, it would seem, been misled by incorrect advice from his departmental advisers. [More…]
Mr Justice Samuels was reported to have said that in relation to the effect of the Sankey decision. [More…]
Indeed, it is potentially more destructive of civil rights, justice and democracy than many other laws and activities that the Attorney-General is so ready to attack. [More…]
If I recall correctly, the present Chief Justice of the High Court was a losing advocate in that particular decision. [More…]
However, with the passage of years, we have a situation in which the current High Court Chief Justice seems to be the leader in a situation in which it is almost impossible for the Commissioner of Taxation to win a case before the court in matters of tax avoidance. [More…]
In a recently published article entitled ‘Constitutional Obstacles to Organised Marketing in Australia’, Michael Cooper quotes comments from various justices of the High Court of Australia in the Clark King case. [More…]
He quotes Justices Mason, Jacobs and Stephen and Chief Justice Barwick. [More…]
Justices Mason and Jacobs said: [More…]
Chief Justice Barwick said: . [More…]
Last Thursday in Brisbane the Chief Justice of Australia, who is, of course, notorious for attempting to refer back to the court all previous judgments that have gone against him, in a different case, the Uebergang case, ruled against the Wheat Board and decided that the Full Court would hear Uebergang ‘s appeal. [More…]
In this instance he is referring the case to the Full Court knowing that there has been another appointment since then, that Justice Wilson could be expected to support him and that one of the other justices who did not sit on the earlier Clark King Case will also support him. [More…]
1) Did the Government, in August 1976, suspend the activities of the Northern Territory Interim Land Commissioner, the late Mr Justice R. C. Ward, with regard to his hearing Aboriginal needs claims to town and other areas in the Northern Territory. [More…]
What claims, if any, were lodged with Mr Justice Ward and his successors, if any. [More…]
When Mr Justice Ward’s activities were suspended, what was the then status of each claim referred to in (3) above. [More…]
In a statement on 8 August 1976, the then Minister for Aboriginal Affairs stated, inter alia, that ‘a number of applications by Aboriginals for land in town areas, which had been submitted to the Interim Land Commissioner, Mr Justice Ward, arc now being dealt with jointly by my Department and by the Department of the Northern Territory”. [More…]
3 ) to ( 7 ) I understand that the ‘ freeze ‘ in respect of the 2 1 specified areas was extended to 3 1 December 1 976 following a recommendation to that effect by the Interim Aboriginal Land Commissioner, Mr Justice Ward, in a land claim report of 10 September 1975. [More…]
I shall refer to that Committee as the Franki Committee, in recognition of its distinguished Chairman, Mr Justice Franki. [More…]
I wish, at this point, to express the Government’s gratitude to Mr Justice Franki and to members of the Committee for the service which they have rendered to the community in this most difficult area. [More…]
Insofar as the object of the legislation is to ratify, as it were, any irregularities about the appointment of Mr Justice Fox as Ambassador-at-Large on nuclear matters, the Opposition is not concerned to oppose it, and it does not do so. [More…]
The reason for that is quite clearly and simply that the view of the Opposition is that there must be a clear understanding of the duration of this appointment and there should perhaps be more reporting to the Parliament about the cost of the appointment and, of course, the effectiveness of the activities of Mr Justice Fox. [More…]
Some of the concerns which are now the subject of a question on the Notice Paper to the Government are to ascertain the total cost of Mr Justice Fox’s mission, if I might call it that, in the financial year 1977-78 and from 1 July 1978 to date; more particularly, to find out some of the details of those costs in terms of air travel, accommodation, transport for both Mr Justice Fox and his wife and salaries of persons concerned with his mission; and, more importantly, to find out the estimated cost of the appointment of Mr Justice Fox up to 31 [More…]
I have read the article and have had discussions with Mr Justice Fox. [More…]
The fact of the matter is that six months after the publication of Mr Justice Fox’s paper a question was asked by Mr Lionel Bowen of Mr Peacock. [More…]
What the Opposition is concerned about is that there should be answers to these questions as well as to the fundamental question of whether or not Mr Justice Fox is being used as a device by which the Government can defuse questions about its nuclear policy, and particularly about arrangements such as that entered into with South Korea. [More…]
By having Mr Justice Fox in this itinerant capacity the Government can point to him as a symbolic figure of good endeavour travelling around the globe but at the same time indulge in policies in Australia which in fact ignore both the symbolism and the reality of his position. [More…]
As I have already indicated, the work in which Mr Justice Fox is engaged is expected to conclude towards the end of 1980 and he has been reappointed until 31 December 1980. [More…]
Although the appointment of Mr Justice Fox was not made by legislation, I think the Attorney-General (Senator Durack) has indicated that it can be terminated by this legislation because he admitted that the Government did not wish to be bound to that termination date. [More…]
It was Mr Justice Toose. [More…]
It may be unfair to suggest this, but it is possible that Mr Justice Fox may create the conditions for his further appointment if we have an open-ended arrangement. [More…]
The Opposition’s amendment endeavours to make it clear to Mr Justice Fox and to the Government that the appointment will terminate in three years time. [More…]
Specifically in answer to Senator Button I point out that Mr Justice Fox’s original appointment was extended from October 1978 until 17 January 1979, from then until 8 June 1979 and then until 31 December 1980. [More…]
In answer to Senator Georges, and to answer the general criticism of Mr Justice Fox, an analogy with other appointments that judges have held as royal commissioners, is rather different. [More…]
In this case Mr Justice Fox has a specific executive appointment. [More…]
I draw Senator George’s attention to page 2 of my second reading speech where I set out the work that Mr Justice Fox has been doing. [More…]
These activities will continue in the international sphere, whether or not Mr Justice Fox is Australia’s Ambassador-at-Large. [More…]
It is for our participation in them that we require the services of Mr Justice Fox, and I think we are fortunate that we have been able to persuade him to continue his role in this work in which he has become expert. [More…]
It is quite the reverse of any concern that the Committee might have that the work is being created by Mr Justice Fox. [More…]
We see little or no justice in that. [More…]
If Senator Kilgariff can assure me that justice will be done, I will say very good. [More…]
Nevertheless, this inquiry was carried out by Mr Justice Fox. [More…]
For some reason or other, Mr Justice Fox did not at any stage touch on the constitutional changes that were developing side by side with the proposal to mine uranium. [More…]
It is an unusual situation and I can only assume that if the attention of Mr Justice Fox had been drawn to the constitutional changes taking place in the Territory, there would have been some reference in the report which came from the inquiry. [More…]
In view of the obvious racial discrimination involved in the low wages currently being paid to the non-European employees of the British Phosphate Commission on Christmas Island, will the Minister recommend that the Federal Government become a party to the pending arbitration case involving these employees to ensure that they enjoy wage justice? [More…]
As recommended by the Ranger Uranium Environmental Inquiry under the chairmanship of Mr Justice Fox, the health and environmental aspects of uranium mining are regulated under applicable Northern Territory law but the supervising scientist for the Alligator Rivers region, who is appointed under Commonwealth statute, has an overall supervisory and co-ordinative role. [More…]
The Judge presiding over the Court of Disputed Returns, Mr Justice Smith, said: [More…]
That was the finding of Mr Justice Smith at the time he brought down his report in late 1 977. [More…]
The only malpractice which Mr Justice Smith discerned was an organised Liberal Party campaign of malpractice of which the architects were the Liberal Party’s Kimberley luminaries, Broomhall, O’Driscoll and Rowell, but which ultimately involved three Ministers of the Western Australian Government. [More…]
This is exemplified by an article in the Melbourne Age of 17 November 1978 which reported the findings by Mr Justice Smith in the Court of Disputed Returns. [More…]
It provides that electors may be enrolled only if their application for enrolment is witnessed by a person coming within one of the following four categories: An electoral officer; a justice of the peace; a clerk of courts; or a policeman. [More…]
The only two categories of people with whom Aborigines in the remote parts of the State are likely to come into contact are justices of the peace and policemen. [More…]
Clause 18 (3) (c), which concerns directions by the presiding officer to voters who present themselves to vote, is a provision that the Opposition believes is open to abuse if misinterpreted in the way that provisions of the existing Act were deliberately misinterpreted by the Chief Electoral Officer, on instructions from the Minister of Justice and the Attorney-General, in 1977. [More…]
In particular, the amendment fails to provide for what was one of the key findings of Mr Justice Smith in his Court of Disputed Returns judgment. [More…]
Mr Justice Smith said: [More…]
It would have been possible to state explicitly in the Act that the presentation of a how to vote card is, as Mr Justice Smith found, sufficient indication of the elector’s intention to vote. [More…]
Most of the recommendations of the electoral inquiry of Mr Justice Kay were based on the suppositions that manipulation and malpractice were widespread. [More…]
No evidence has been presented to the Kay inquiry, the Court of Disputed Returns presided over by Mr Justice Smith, to Parliament or in the libel case involving Mr Tozer that such manipulation and malpractice exists. [More…]
He was found by Mr Justice Smith to have improperly influenced another Minister to instruct the Chief Electoral Officer to dispatch a telegram to attendants and presiding officers at Kimberley polling booths. [More…]
I refer again to the judgment of Mr Justice Smith. [More…]
Further, Mr Justice Smith referred to a marginal notation on a letter written by Mr Mclntyre to the Minister which states: [More…]
The judgment of Mr Justice Smith says that Mr McIntyre could not recall advising the Minister in these terms. [More…]
Again I quote from what Mr Justice Smith had to say. [More…]
The response of the Premier, Sir Charles Court, when Mr Justice Smith’s judgment was handed down was, firstly, to reject it out of hand and to say that it was the opinion of one man. [More…]
With respect to Mr Justice Smith’s finding concerning the Attorney-General, Mr Medcalf, Sir Charles said: [More…]
Reporting on the proceedings in the Court of Disputed Returns presided over by Mr Justice Smith the West Australian newspaper of 26 August 1 977 had this to say: [More…]
One of the recommendations of Mr Justice Kay was that people who speak Aboriginal languages should be used at polling booths. [More…]
A lot of information has been put before the Senate, including extracts from the judgment of Mr Justice Smith relating to the Kimberley election which gave rise to the Kimberley by-election. [More…]
As honourable senators would expect, I have already received Aboriginal views on the report of Mr Justice Kay. [More…]
The report of Mr Justice Kay, to which I would like to refer briefly, is something I think many honourable senators might take the trouble to examine. [More…]
I believe that Mr Justice Kay’s report repays reading in that it draws attention to the fact that there are simple, practical difficulties which have to be faced and which do permit the possibility of manipulation. [More…]
All I am saying is that what Mr Justice Kay’s report brings out very well is the fact that, in various ways, it is possible to manipulate the system. [More…]
Under various headings in the report, for example, with respect to the enrolment of voters, Mr Justice Kay made out his case as to why he believed it was necessary for some form of authorised witness to witness an application or a claim for a right to vote. [More…]
After all, Mr Justice Kay pointed out in his report, that under the law as it stands at present a person who cannot read or write can be a witness to an electoral claim, not knowing what is in the card and possibly having no knowledge of the Electoral Act. [More…]
I am simply saying that Mr Justice Kay pointed out that that presented an opportunity for manipulation. [More…]
I refer very quickly to page 31 of Mr Justice Kay’s report for his comments on postal votes, which again 1 think are useful in pointing out the differences between the States and the difficulties of ensuring, when a marksman is involved, that one is getting a vote from the person who is claimed to have his name on the electoral roll. [More…]
At page 33 of the report, Mr Justice Kay made a statement of principle which I think we could all consider. [More…]
In the various suggestions which have been put forward, Mr Justice Smith, for whom I have the highest regard, and Mr Justice Kay, for whom I have the highest regard also, have each put forward different views on how one can get over that problem. [More…]
It is well known that the Ranger Uranium Environmental Inquiry chaired by Mr Justice Fox perceived the contrary- the utterly different context of the late 1970s as distinct from the early 1950s. [More…]
After about six months experience I would welcome a studyprobably it would be best carried out by the Senate Standing Committee on Finance and Government Operations- into the working of the appeals proceedings in this area to see whether they are really meeting fairly the proper needs of justice and the Public Service. [More…]
It is true that there will be a period during which the previous regulations will be applicable, but if they are then disallowed by this Parliament it will at least import to them justice or fairness. [More…]
The Bill denies the fundamentals of natural justice. [More…]
Surely this must be an abuse of natural justice. [More…]
The next suggestion I make is that we introduce an acceptable appeals system which will meet the criteria of openness, fairness and letting justice be done and being seen to be done. [More…]
All are respected senior Aboriginal men and are claimants in the Ayers Rock land claim which at the time was being heard before Mr Justice Toohey. [More…]
The National Royal Commission of Inquiry into Drugs which is headed by Mr Justice Williams will be kept informed, but this is a police investigation of alleged criminal offences and the final decision in relation to those proceedings is made by the Attorney-General of the Commonwealth. [More…]
Let me say that in all democracies that is the corruption of justice. [More…]
I never believed that I would see any person rise in this place and seek, in terms of British justice, to reverse the onus of proof. [More…]
I repeat that anybody who seeks to reverse the onus of proof has no understanding whatsoever of the principles of British justice. [More…]
The Labor Government endeavoured to bring about justice for the people in need of health and medical care. [More…]
We would not be doing justice to the people who put us in this place if we did not oppose a lot of the measures which the Government introduces. [More…]
When if any working man goes on strike he does so for a very good cause- to get justice. [More…]
All they are asking is justice. [More…]
Natural justice can be denied any member under this clause, and we say that it requires a complete rewrite. [More…]
Any information I got I relayed to the inquiry of Mr Justice Hope. [More…]
Although this notion of Commissioner Salisbury was, of course, promptly and effectively quashed by Justice Roma Mitchell in her royal commission report on the Salisbury dismissal, it is apparent that it is a view-I put it, respectfully, in this way- that has some considerable currency in conservative establishments around Australia. [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…]
The concern that many of us have is that the ABC, because of its very great capacity to influence the views of a lot of people, has a special responsibility to ensure balance and justice in the programs which it produces. [More…]
The enormity of the Chief Justice ‘s finding in this matter was dramatised in two contemporary comments made by Federal Liberal politicians, both lawyers. [More…]
I will not embarrass them by naming them, but one said that it had destroyed his faith injustice and the other said that if Senator Webster was not caught by section 44 (v) nobody could be; the section was meaningless. [More…]
In the next brazen demonstration of political bias the Chief Justice went beyond emasculating those sections of the Constitution which do not suit his purpose. [More…]
If the legal assertion of his cousin, who is a former Solicitor-General and Attorney-General, is correct, the Chief Justice’s advisory opinion to Sir John Kerr in 1975 was actually illegal. [More…]
That assertion by the Chief Justices ‘s cousin, a former Solicitor-General and Attorney-General, blows apart the excuse offered by the Chief Justice at the National Press Club on 10 June 1976. [More…]
When asked by journalists about the legality of his advisory opinion, the Chief Justice replied: [More…]
But anyone who comprehends simple English can see that the assertions by the Chief Justice and his cousin are mutually exclusive. [More…]
At the very least the Chief Justice’s action was legally arguable but that did not deter him from pressing for and sanctioning the most provocative, enduring and divisive political action Australia has known since the conscription fracas of World War I. [More…]
The Chief Justice was shocked on that occasion by the tenacity and by the legal skill of journalists who interrogated him on that day. [More…]
The Court, like the Parliament, has its origins in an Imperial statute and the Queen is part of the Constitution and is the Fountain of Justice. [More…]
to (5) The Chief Justice suggested that both the Australian Arms and the Royal Arms be displayed as indicated in (2) above and this has the full support of the Government. [More…]
I do not know the views of the other Justices. [More…]
Has the United States Government made a decision to take up or ‘espouse’ before the International Court of Justice the Dillingham Corporation’s claim to compensation from the Australian Government in respect of the closure of its sand-mining operations on Fraser Island? [More…]
In response, it advised the United States Government that, while it did not agree to a United States proposal to refer the matter to arbitration, if the matter were to be referred by the United States to the International Court of Justice, Australia would not insist on the normal requirement that Dillingham Corporation first exhaust any legal remedies in Australia. [More…]
The Australian Government would not invoke the United States reservation to the compulsory jurisdiction of the International Court of Justice, as it would be entitled to, in order to challenge the Court’s jurisdiction in this case. [More…]
I instance the varying statements by the South West African People ‘s Organisation- SWAPO - about Australia ‘s participation; the opening of a South African based National Assembly in Namibia during May; South Africa’s announced plans for Namibian independence; certain activities by the United Nations General Assembly in May, including the appointment of another ambassador to deal with the matter; the Lusaka decisions relating to Zimbabwe; and the replacement of the liberal Administrator of Namibia, Mr Justice Martin Steyn, by the chairman of the archreactionary Broederbond of South Africa, Professor Girret Viljoen. [More…]
On 7 August Mr Justice Smithers in the Federal Court made orders against the gentleman who did style himself as the charge d’affaires of the Croatian embassy. [More…]
Mr Justice Smithers made some detailed orders on 7 August but suspended the implementation of them for 2 1 days. [More…]
Indeed, I think that all High Court judges, with the exception of the Chief Justice, have been appointed on the basis of those arrangements. [More…]
The Minister has said that this is a compassionate Budget, and I assume that she based that statement on the fact that the Government has decided to restore justice to the pensioners of this country by reintroducing twice-yearly indexation, which should not have been removed last year. [More…]
Maintenance of law and order and the administration of justice (including correctional services); [More…]
The 1973 Medical Fees Tribunal under the chairmanship of Mr Justice J. T. Ludeke discontinued the practice of lower Tees for Items 3330-3346 (removal of keratoses, warts or similar lesions) when these services were provided by nonspecialist practitioners. [More…]
-No doubt Senator Button, since he would not take notice of the views of either the Prime Minister or Mr Street, would of course take notice of the views of the Commonwealth Conciliation and Arbitration Commission, Sir John Moore and Mr Justice Ludeke and others. [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 [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…]
The necessity for the Minister and for other officers to be alert, given the fact that they will be supplied with information about the number of warrants that have been issued, will mean that in the long run the safeguard of the proper use of this legislation will lie in the integrity and the competence of a Minister of the Crown, the Minister for Customs of the day, and in the way in which the Parliament, through him, exercises its supervision over officers of the Crown acting in pursuit of their responsibilities to bring narcotic offenders to justice. [More…]
It is that sort of behaviour that Mr Justice Hope referred to in his voluminous report which was presented to the Parliament last year. [More…]
But as has been shown in the investigation carried out by Mr Justice Hope, there have been flagrant breaches of that process in the collection of information. [More…]
So we have a continuation of the very processes to which Mr Justice Hope referred in his report. [More…]
We are aware of what happened in respect of Mr Justice White’s report and of how the names of a great number of ordinary citizens were put on lists which could be described only as lists of the names of people engaged in legitimate political activities. [More…]
The investigation by Mr Justice Hope, although we do not agree with all of his recommendations, was of itself an indication of the value of this kind of independent judicial scrutiny of and report on a particular security agency. [More…]
What happened in South Australia with Mr Justice White and the cleaning up of that extraordinary mess that was the South Australian Special Branch indicated how important it was for the government of the day to know what was taking place in that State. [More…]
The Royal Commission on Intelligence and Security, which was presided over by Mr Justice Hope, by and large accepted those powers and indeed recommended some additions to those powers in other respects, such as listening devices, all of which have been dealt with in the Australian Security Intelligence Organization Bill which passed through the Senate some months ago. [More…]
Mr Justice Hope recommended that as far as ASIO’s power is concerned, the legislation should be updated and expanded only to apply it to all modern forms of telecommunications, not limiting it as existing powers are to communications over the telephone system. [More…]
In all justice, it is not the function of the Minister to answer for the report that is before us. [More…]
The first of those reasons is that it might be helpful to this legislature to have the views of Mr Justice Williams’ Royal Commission on Drugs before this legislation is considered in depth. [More…]
I know that the Minister in the House of Representatives said: ‘Well, Mr Justice Williams has no objection to this legislation’. [More…]
That is Mr Justice Williams- more so than the NSW inquiry, has laid to rest the often officially inspired myth that there is no evidence of organised crime involvement. [More…]
The Chief Justice, I think speaking on behalf of the Court, was at some pains to draw attention to the fact that there needed to be a clear distincion between the grounds of proof in civil and criminal matters. [More…]
When we compare the United States with countries that are known to have the most advanced and most humane criminal justice systems in the world, the differences are striking. [More…]
The 1967, the President’s Commission on Law Enforcement and the Administration of Justice observed that, despite stiffened penalties, the use of and traffic in (marihuana) appear to be increasing’. [More…]
In the first report of the South Australian Criminal Law and Penal Methods Reform Committee entitled ‘Sentencing and Corrections’ under the chairmanship of Justice Mitchell again close attention was drawn to the problem whether a government, in enacting a punitive statute, has to have with it a coherent philosophy about what it is that it is trying to achieve, not just for the persons who are involved in the crime, but for the people who might be victims of crimes and might be, in fact, the ones about whom the community should have greatest concern. [More…]
Finally in this regard I think it would be wise for people concerned with the whole issue of sentencing and the whole issue of the effectiveness of penalties to look at what Mr Justice Kirby had to say in his John Barry Memorial Lecture delivered earlier this month. [More…]
In that most perceptive address Mr Justice Kirby draws attention to one particular characteristic which he expresses in relation to Sir John Barry. [More…]
On one occasion in about the early 1970s when we were dealing with certain aspects of Department of Immigration estimates, I moved an amendment with the blessing of my then leader who is now an illustrious member of the High Court, the then senator but now Mr Justice Murphy. [More…]
1 ) Under section 3 of the Judiciary ( Diplomatic Representation) Act 1977, Mr Justice Fox retains the annual salary and allowance that he would have had as Chief Judge of the Supreme Court of the Australian Capital Territory and a Judge of the Federal Court of Australia. [More…]
When Mr Justice Fox’s appointment as AmbassadoratLarge comes to an end, he will retain his position as a Judge of the Federal Court of Australia and will be entitled to salary and annual allowance on that basis. [More…]
) The total cost of the appointment of Mr Justice Fox to 28 May was $368,442. [More…]
It is perhaps superfluous for me to reiterate the general attitude of Australians towards those who were collaborators, traitors and war criminals and who have been pursued and brought to justice. [More…]
It is in order to lend justice to a consideration of the matter, and injustice to the individual concerned, that I seek their incorporation. [More…]
It was in seeking justice and truth that I sought to incorporate these documents in Hansard. [More…]
The attitude which Chamberlain and, to a lesser extent, Daladier and other Western leaders took at that time was, first of all, that there was some justice in the case; that there were imperfections within Czechoslovakia; that the Treaty of Versailles had not been correct in incorporating German inhabitants, predominantly of Sudetenland, within Czechoslovakia; and, more than that, that this was a way of obtaining peace, that sacrificing this small country- I think the words, if I may paraphrase them, of Mr Chamberlain at that time were: ‘A little country a long way away which few of us know anything about’somehow or another would mean an end of the designs of Nazi Germany. [More…]
The only way in which justice and peace will be achieved in South Africa is if there is some sort of consensus between the white populationthe dominant, overwhelmingly powerful white population- and the non-white population. [More…]
If indeed Mr Justice Williams and his Royal Commission are prepared to endorse these powers, these procedures, I for one would have wished to have seen a well-reasoned, argued case from that source in support thereof before having to debate legislation in the way that we are now obliged to, by the Government’s having brought it forward. [More…]
An old saying that he has repeated time and again is that justice not only has to be done but also has to be seen to be done. [More…]
That life sentence is imposed infrequently, lt is a very fundamental rule of criminal justice in Australia that, when the Parliament or the common law lays down a penalty, that is a maximum penalty and not one which the courts are obliged to impose. [More…]
My colleague, the Minister for Business and Consumer Affairs in another place, has indicated that Mr Justice Williams, the Royal Commissioner, has been made aware of the Government’s intentions to proceed with this legislation. [More…]
Whosoever received, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to felony, knowing the same to have been stolen, shall be guilty of a felony, and may be indicted, either as an accessory after the fact, or for the substantive felony, and in the latter case whether the principal felon has been previously tried or not or is amenable to justice or not, and in either case shall be liable to penal servitude for ten years. [More…]
I said that the last thing in the world that this Government, and certainly this Senate, would want to do would be to harm any person in seeking justice, and that I would defer the matter in order to get legal advice. [More…]
On page 250 he refers to the opinion expressed in 1937 by Sir Frederick Jordan, the then Chief Justice of New South Wales. [More…]
Sir Frederick said: lt is of extreme public interest that no conduct should be permitted which is likely to prevent a litigant in a court of justice from having his case tried free from all matter of prejudice. [More…]
But the administration of justice, important though it undoubtedly is, is not the only matter in which the public is vitally interested; and if in the course of the ventilation of a question of public concern matter is published which might prejudice a party in the conduct of a law suit, it does not follow that a contempt has been committed. [More…]
If one is considering and weighing up the matter by reference to fairness, justice or considerations of that kind, what we ought to be doing - [More…]
Although it started in 1977, as recently as January of this year the British Government accepted a report in which Mr Justice Parker stated: [More…]
Because I am no lawyer, at that point the only recourse I had in the interests of justice was to seek a period in which to check whether this may or may not be true. [More…]
The fact that the Labor Opposition is not interested in natural justice, in ordinary justice, for the individual or for the community as a whole does not invalidate what I am saying. [More…]
Mr Justice Kirby appeared before one of the Government committees a few nights ago. [More…]
That statute proposals in detail come forward from the Law Reform Commission which has established, under the chairmanship of Mr Justice Kirby, a most enviable reputation for the amount of consultation, work, thought and argument that goes into its proposals, is a most worthwhile initiative. [More…]
Justice itself ought to be uniform for all. [More…]
Mr Justice Hope’s recommendations with regard to the Australian Security Intelligence Organisation did not favour such a full accountability to a Minister as the ASIO legislation provided. [More…]
I said in my remarks on the earlier amendment that any particular schedule or tariff of penalties inevitably means that some people will be on the wrong side of the line and may suffer an injustice. [More…]
In broad terms the Government believes that justice will be better done in this judicial fashion than by adopting amendments such as the ones proposed here. [More…]
I refer Senator Evans and any other senators who may be interested in pursuing the legal niceties of this subject to some very valuable dicta by Mr Justice Fullagar, in Jackson v. Butterworth 1946, which is contained in the Victoria Law Reports at page 332. [More…]
Mr Justice Fullagar was talking about the standard of proof in recovery of penalties under taxation proceedings. [More…]
He quoted some very well known dicta of Mr Justice Dixon, as he then was, in Briginshaw v. Briginshaw on this subject. [More…]
I would like to refer to what Mr Justice Dixon said because it is apposite to the point that Senator Evans has made. [More…]
Mr Justice Dixon said that a court in deciding on the standard of proof in these matters will have regard to the seriousness of the allegation made and the gravity of the consequences flowing from a particular finding. [More…]
It was reported in the Hobart Mercury of 3 April this year that the writ alleged that her pension was cancelled in October, 1977, and that this cancellation was upheld in reviews by Messrs Wraith and Lanigan; that in December 1977 she reapplied for a pension, but again this was refused by Mr Wraith and Mr Lanigan; that the reviews were contrary to the principles of natural justice’; that she was not informed of the grounds for cancellation of the pension; and that she was not given the proper opportunity to advance argument and make submissions about why the pension should not be cancelled and why it should not be refused. [More…]
The only other alternative is for the hundreds or thousands of women in this community who are deprived of their pensions in these circumstances to take out High Court writs to get justice. [More…]
It is important that this very difficult area- I admit that is is a difficult area- be cleared up so that justice can be done and be seen to be done for the many women involved. [More…]
On 27 March 1979 His Honour, Mr Justice Davies, a Presidential member of the Administrative Appeals Tribunal, affirmed my decision to deport Ivan Ceskovic [More…]
If not, what action will the Government take to overcome this problem so that justice and tolerance may be enjoyed by all sections of the Australian community? [More…]
-Has the Minister representing the Minister for Employment and Youth Affairs seen a document which was put out by the Catholic Commission for Justice and [More…]
Have these figures been considered along with the representation by the Catholic Commission for Justice and Peace that some increase in the unemployment benefit should be given? [More…]
But in the case of the medical profession, when Mr Justice Ludeke requested information from the AMA about doctors’ salaries and earnings, he was told that it could not be provided. [More…]
Equally, Senator Button was inaccurate when he said that there was no requirement before Mr Justice Ludeke for disclosure of information on doctors’ earnings. [More…]
In the recently published document entitled ‘Beyond Unemployment’ which was prepared by the Catholic Commission on Peace and Justice, the following appears on page 13: [More…]
That is a quote from a document prepared by the Catholic Commission on Peace and Justice which was published recently. [More…]
In those 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…]
Such is the concern in the community now that many economists, organisations such as the Catholic Commission for Justice and Peace, many people in universities and even many people who generally can be described as conservative in their thinking are beginning to show some signs of concern about what is happening in the economy. [More…]
Let me begin with the question of injustice or immorality. [More…]
Perhaps the best known statement of it is that of Chief Justice Sir Owen Dixon in the case of Maxwell v. Murphy in the High Court in 1957. [More…]
That point was made clearly by Mr Justice Isaacs, as he then was, in the case of George Hudson Ltd v. The Australian Timber Workers Union in the High Court in 1923, when he said this: [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…]
This morning 1 referred honourable senators to a report from the Catholic Commission for Justice and Peace to the Catholic bishops. [More…]
From the facts and figures provided by the Commonwealth Employment Service and contained in the report prepared by the Catholic Commission for Justice and Peace, it is clear that Mr Viner ‘s State has the highest percentage of unemployed in one area of anywhere in Australia. [More…]
I am aware of the very good work of the organisation presided over by Mr Justice Leycester Meares. [More…]
Should we uphold the justice of the decision of the Committee, one in which we have confidence, and which made the decision on expert advice? [More…]
We will not indicate whether we should let the elected Parliament take control or whether, despite the extent to which we have gone in trying to fathom the justice of the matter, a government will override. [More…]
Of course, we can be concerned about and try to ameliorate conditions in South America, the Indian sub-continent, Africa and other places, both by way of sending relief aid and by supporting organisations striving for internal social justice in the countries concerned. [More…]
Espcecially remembered in their prayers is the Chief Justice, Sir Garfield Barwick. [More…]
One is enacting it in a situation in which the Parliament on each occasion would have an opportunity to explore fully, discuss and analyse it, satisfying itself as to the legitimacy and justice of that solution in the particular case. [More…]
How can a government with any concern for equity and justice implement a policy that has that son of consequence? [More…]
-I ask the AttorneyGeneral whether he recalls that in the report of Mr Justice Moffitt, the royal commissioner who inquired into allegations of organised crime in New South Wales clubs in 1974, the royal commissioner warned: [More…]
We think that it is pure, basic justice that people who have waited for three years for an increase should at least be compensated for the full cost of living increase since 1976. lt is quite wrong that it has been delayed for so long, but we believe that if there is to be an increase it should compensate for that cost of living rise. [More…]
Those honourable senators who oppose not giving justice to injured men can only oppose a regulation that gives some increase or accept a regulation that gives some increase, although not a just increase. [More…]
Therefore, no honorable senator who believed injustice would give notice of a motion to disallow a regulation that gave some increase, even though he believed that a higher increase was justified [More…]
Honourable senators can see the privation of justice to sections of the community by this action. [More…]
I think that we are being mean and unkind if we treat people in that way and if people such as Senator Cavanagh, Senator Harradine, Senator Mason and I do not defend the rights of the people who receive those payments to receive justice. [More…]
We know that an increase other than a full increase would not really give injured individuals the justice they deserve. [More…]
For three years, the representatives of the Commonwealth employees organisations, the Opposition and many other people in the community have been urging the Government to take action to give justice to its injured and sick employees. [More…]
In this case, justice delayed is certainly justice denied. [More…]
It does not compensate the people concerned for past injustices. [More…]
Such indexation would bring some measure of justice. [More…]
The Opposition moves an amendment to the second reading stage of this legislation to try to impress upon the Government the need to bring in some changes, to bring some justice to the poeple whom it should be concerned about, its own employees. [More…]
We are not necessarily in favour, as the Minister would like to imply when she speaks, of the scheme produced by Mr Justice Woodhouse. [More…]
The uncertainty of the present scheme deprives the injured of justice, the cost adds to the burden of both the employer and the employee in the community and the litigation involved adds to the burden so much that in the fields of workers compensation and road accident compensation, private firms are more and more getting out and State governments are having to take over because of the present unsatisfactory situation. [More…]
The Opposition believes that the only sensible thing to do is what is set out in its amendment: Withdraw this legislation, look at it again through the eyes of the people who are affected and with a sense of justice for the people who have been affected, and quickly- it would not take long- bring it back again, providing proper payments for those involved. [More…]
Not only is that understandable as a reason but it is also a matter of gross injustice. [More…]
It is contrary to all concepts of justice that the defendants should not be given the opportunity to meet the charges made against them. [More…]
In dealing with the Act, Sir Garfield Barwick, Chief Justice of the High Court, stated: [More…]
The importance of the matter in economic terms was stressed by His Honour, Mr Justice Murphy, when he said: [More…]
By the accretion of the 200 nautical mile economic zone around Australia’s coast, we take on board- if that is the appropriate nautical expression- an enormous area of resources as Mr Justice Murphy and others pointed out in the course of the High Court judgment on the Seas and Submerged Lands Act. [More…]
We know that there is such a thing as a secret vote because Mr Justice Hope let it slip that there was. [More…]
I refer the Senate to the third and much smaller report of Mr Justice Hope in which at paragraph 86 he recommends: [More…]
One cannot feel very happy at the fact that the provisions which Mr Justice Hope put forward have not met with any arrangement by the Government to subject these organisations to accountability. [More…]
Nobody here could give ordinary natural justice to individuals. [More…]
It would be grossly unfair and a denial of justice. [More…]
Mr Justice Nigel Bowen, Sir Cecil Looker and others presided over that inquiry. [More…]
Strange as it may seem, the work of that committee virtually paralleled an inquiry being conducted by Mr Justice Nimmo. [More…]
In relation to the health schemes about which we are talking, Mr Justice Nimmo ‘s inquiry, quite apart from the high-powered Committee of which Senator McClelland was a member, advocated reforms within the ambit of private insurance. [More…]
We have received only a letter of acknowledgement from Senator Harradine, which does not satisfy the hurt feelings of our members, neither does justice to the truth. [More…]
Tonight all I want to do is to see that justice is done. [More…]
What is much more important is that the whole of the attitude of the union to the dispute was endorsed in a subsequent judgment by Justice Mary Gaudron in the Australian Conciliation and Arbitration Commission. [More…]
The Union did not oppose the application and the matter came before Justice Gaudron on 1 3th August and was completed on that day. [More…]
This meeting, by a substantial majority (only 20 against), carried the following resolution- “That this meeting endorses its previous decision which was carried unanimously to oppose federal award coverage for the purposes of maintaining State award coverage unci the retention of present agreements, and we await the decision of Justice Gaudron. [More…]
Justice Gaudron delivered her decision (copy enclosed) rejecting the application by the company. [More…]
JUSTICE GAUDRON, Sydney. [More…]
As to the substance of what is being said, it is completely outside all the normal procedures of natural justice and of this Parliament that one should seek to form prejudgments on part of a report and in the knowledge that it is in the hands of a government to take action. [More…]
If it is to be a question of standards, what about the standards of a State Labor government which yesterday quite obviously sought to “give every kind of preference to the Labor Party by giving prior knowledge and advantage of a situation and which did not seek, in terms of natural justice, to put the whole of the report together in one tabled statement. [More…]
Are these the standards of natural justice? [More…]
In the meantime I ask that those who have even a shred of sense of values in terms of natural justice wait till the report is complete, till the State Government has made its recommendations and, if those recommendations involve prosecutions, to leave it to the courts to decide the truth in terms of judgmental values. [More…]
To make those prior judgments is to be in contempt of this Parliament and in contempt of natural justice. [More…]
I refer the Minister representing the Prime Minister to the reported statement of the Prime Minister that unemployed people are the duller and less motivated people in each age group in the community and that he doubted that the Catholic bishops supported the statement of the Catholic Commission for Justice and Peace, in the booklet Beyond Unemployment. [More…]
Organised crime is one area about which the Commonwealth is particularly concerned, and in conjunction with four States we set up the Commonwealth Royal Commission into Drugs under the chairmanship of Mr Justice Williams. [More…]
The business sheet shows that it was originally the intention of the Government to table this report and the comments of Mr Justice Staples concerning human rights. [More…]
-On 21 February 1979 Senator Evans asked me a question without notice concerning the tabling of material I had recently received from Mr Justice Staples concerning human rights. [More…]
Honourable senators will recall that Mr Justice Staples travelled overseas in July 1 977 at the request of the Government to examine and report on practices, procedures and laws that other countries use for the protection of human rights. [More…]
I should mention that I did receive other material from Mr Justice Staples during the course of his examination. [More…]
Whilst Australia is under pressure to bear heavy responsibility for victims of various South East Asia form of persecution, you have frequently assured me that other nationalities with a reasonable case would receive justice as well. [More…]
If we are going to give evenhanded justice, I feel that these two cases should receive maximum sympathy. [More…]
What are the estimated costs of: (a) loose furniture; and (b) soft furnishings, for the offices of the Chief Justice and each other High Court Judge. [More…]
What are the estimated costs of fixtures and fittings in the offices of the Chief Justice and each other High Court Judge. [More…]
I will quote what Lord Denning, that very esteemed Lord Justice - [More…]
If they have not, the plaintiffs should be allowed to leave- even if it means they are fleeing from the reach of justice. [More…]
the Chief Justice and Justices of the High Court of Australia [More…]
the Chief Justice of the Supreme Court of a State proceeding overseas on official business [More…]
It is a case of whether the Aboriginals should get the justice to which they are entitled or whether the mine should get the money making areas to which it thinks it is entitled. [More…]
I remind the Minister that the Labor Government played an active role in the International Court of Justice and opposed atmospheric tests that the French were carrying out at Mururoa Atoll. [More…]
The honourable senator may be referring to the matter involving Mr Justice Staples. [More…]
To facilitate proper discussion and knowledgeable debate on the industrial law which we will proceed to debate tomorrow, could the Minister inform us of the judiciary’s opinion of the amendments to the Conciliation and Arbitration Act by releasing details of the telexes from the 25 commissioners and the letter from Mr Justice Staples so that we will know the opinion of those who control the Act? [More…]
I ask: What discussions has the Minister had with the Minister for Industrial Relations, Mr Street, concerning a letter written to Mr Street by Mr Justice Staples on the Government’s proposed amendments to the Conciliation and Arbitration Act? [More…]
-Mr Street did send round to me on Thursday, or towards the end of last week, a letter to him from Mr Justice Staples. [More…]
I had some discussion with Mr Street in relation to the matter on Friday, in the course of which he asked whether I would give consideration to the comments that were being made by Mr Justice Staples in relation to the amendments which are before the House. [More…]
I do not propose to reveal what discussions have actually taken place between Mr Street and me concerning it, but I want to emphasise that what he asked me to do was to look at the questions raised to see whether any comments made by Mr Justice Staples would raise any matter in relation to the amendments that are proposed to the Bill. [More…]
Unless the industry is satisfied with the practicability with the and the justice of any contingency planning to deal with an outbreak of a virulent exotic disease, it is quite clear that cooperation will not be forthcoming. [More…]
This Bill is very welcome, and it goes quite a long way towards granting powers to quarantine officers to enable them to enter premises either with the consent of the owner or with a warrant granted by a justice of the peace in order to carry out his functions of inspection where he reasonably suspects that some infected article is present in those premises. [More…]
I do not know whether it is sufficient for the officer to have such tremendous power under a warrant issued only by a justice of the peace. [More…]
I do not think justices of the peace are permitted to issue many warrants. [More…]
I protest at the giving of this power just on the signature of a justice of the peace. [More…]
Senator Cavanagh brought forward a matter relating to a justice of the peace. [More…]
In clause 8 the Bill authorises a justice of the peace to issue a warrant to enter and search premises where he is satisfied by information on oath or affirmation that there are reasonable grounds for believing that there are infected goods at the premises. [More…]
This provision is similar to section 10 of the Crimes Act which authorises a justice of the peace to issue such warrants. [More…]
that a breach of the rules of natural justice occurred in connexion with the making of a decision; [More…]
It has been emphasised on many occasions that every person who visits a foreign country is subject to the laws of that country and it is not proper for one Government to seek to intervene in another country’s process of justice. [More…]
Because of the serious implications of such an action, highlighted recently by the New South Wales Bar Association, which said that it was of the opinion that proper administration of justice in that State required the cessation of this practice, will the Attorney-General make an objective statement to the Senate in relation to the principles involved so that the Senate can debate this serious matter in order to see whether sensible and helpful guidelines can be established for the future? [More…]
I refer the AttorneyGeneral to my question yesterday concerning the letter which was written to the Minister for Industrial Relations, Mr Street, by Mr Justice Staples and which was referred for attention to the Attorney-General by Mr Street. [More…]
I now ask my supplementary question: Why did the AttorneyGeneral not reject out of hand Mr Street’s overtures to him on this matter and recognise them for what they were- a blatant attempt to intimidate Mr Justice Staples and other members of the Conciliation and Arbitration Commission? [More…]
The reason I did not reject out of hand the request from Mr Street is that I reject completely the suggestion that what Mr Street did was any attempt, blatant or otherwise, to intimidate Mr Justice Staples. [More…]
As I said in answer to a question yesterday, Mr Street asked me to look at Mr Justice Staples’ letter to see whether there were any legal or constitutional implications arising out of it in regard to the proposed amendments to the Conciliation and Arbitration Act which will be debated in the Senate later today. [More…]
So at least those of us who have been working closely with the sugar industry to achieve justice for it on that basis have taken into account all of the reductions that have been made in the fertiliser bounty. [More…]
I have just been given to understand from Senator Bishop that Mr Justice Moore is seeking consultation with the Government. [More…]
It almost certainly was known to the Government when Senator Bishop moved his original motion that Mr Justice Moore had conveyed that message to the Government. [More…]
Why is it that the statement from Mr Justice [More…]
We now know, because the information has been revealed, that the Minister had a copy of the submission from 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…]
What is his purpose in leaking the information on Mr Justice Staples’ point of view? [More…]
The release of the private letter was clearly designed as part of a move to discredit Mr Justice Staples because of his strong professional criticism of the Government’s latest industrial relations legislation. [More…]
The morning after he circulated the letter, both Mr Street and the Prime Minister passed derogatory remarks about Mr Justice Staples ‘ background. [More…]
He said on PM last night and reiterated again in the Parliament today that he had received verification from someone connected with the program that they held Mr Justice Staples’ letter. [More…]
The amendments which came before the Senate today, have been condemned by a Commission Deputy President, Mr Justice James Staples, and criticised in telexes sent to the Government by all of the 25 Commissioners. [More…]
We have not heard yet the answer from the Attorney-General, Senator Durack, as to the serious criticisms that were made by Sir Richard Kirby and Mr Justice Staples about whether the proposed amendments were constitutional. [More…]
1 agree with Mr Justice Staples who said that the proposed amendments are not reforms of the Conciliation and Arbitration Act. [More…]
It appears that the main thrust of the Opposition’s objection to this legislation is based, firstly, on some objections taken by His Honour Mr Justice Staples to the legislation and, secondly, on some alleged objections taken by other members of the Australian Conciliation and Arbitration Commission. [More…]
Mr Justice Staples apparently has indicated that he does not like the requirement. [More…]
Mr Justice Staples states in his letter that the requirement is that a commissioner shall submit the case to the deputy president. [More…]
I think, quite frankly, that Mr Justice Staples has got the bull by the horns. [More…]
The only criticism made of it is that which has come from Sir Richard Kirby, Mr Justice Staples and apparently some others who are adopting their policies. [More…]
Sir Richard Kirby and Mr Justice Staples are opposed to the legislation because they believe it undermines the integrity and independence of the commission by introducing some procedures and prohibiting others. [More…]
Secondly, we have the well publicised objections of Mr Justice Staples which I may detail a little later. [More…]
All I say now is that in the editorial of the Australian Financial Review Mr Justice Staples ‘s remarks are said to be devastating criticisms and contain some excellent points. [More…]
One has there a recognition of the force and the truth of the criticisms which Mr Justice Staples had made of the Bill. [More…]
I want to turn to the -comments of Mr Justice Staples. [More…]
Mr Justice Staples commented in his letter: [More…]
Justice Staples ‘s inference of back corridor pressure is a reasonable fear. [More…]
That perhaps involves something unconstitutional but certainly something which denies natural justice to the parties because somebody who will be involved in saying whether a decision should be certified has not listened to the arguments put forward by the parties. [More…]
That is a grave denial of natural justice to the parties involved in an industrial dispute. [More…]
As Mr Justice Alley, in the Plumbers and Gasfitters Employees Union case very recently said: [More…]
This Bill is simple propaganda that no reasonable senator or citizen could support in the face of condemnation by Sir Richard Kirby, the elder statesman of the conciliation and arbitration movement in Australia, in the face of published objections, supported by leading editorialists, of Mr Justice Staples; or in the face of the unanimous condemnation by the 25 commissioners of the arbitration system or in the face of the plea tonight by Sir John Moore for full consultation with the Government. [More…]
It is designed to tip the industrial scales of justice the Government’s way. [More…]
The Government by this legislation is putting its weight on one side of the scales of industrial justice. [More…]
Then, as we know, His Honour Mr Justice Staples, a deputy president of the Commission, has criticised the legislation. [More…]
The Government has floated the possibility of the dismissal of Mr Justice Staples from the Bench. [More…]
I remember a judge of the Supreme Court of New South Wales, His Honour Mr Justice Samuels, going to a seminar and attacking legislation that was being introduced by the Labor Government in 1974 and 1975. [More…]
But there was no criticism by the present members of the Liberal Party and National Country Party when they were in Opposition of the remarks by Mr Justice Samuels against Labor legislation. [More…]
The reason was that they thought that Mr Justice Samuels was attacking not the legislation but the Labor Government. [More…]
That situation is in reverse as far as Mr Justice Staples is concerned. [More…]
Government members are not big enough to realise that Mr Justice Staples is making constructive criticism of the legislation before the Parliament. [More…]
They believe that Mr Justice Staples is criticising them for their lack of political nous. [More…]
Then when the criticism of the legislation by Mr Justice Staples became public we heard that there had been unanimous complaints by the 25 arbitration commissioners, which complaints were made as long ago as 20 September. [More…]
Honour Mr Justice Moore and the deputy presidents of the Commission so that their case could be put. [More…]
I wish to refer to only one other matter, that is, the release by Mr Street, the Minister for Industrial Relations, of the letter written to him by 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, PM did not have a copy of that letter. [More…]
Senator Douglas McClelland said that Mr Justice Samuels of New South Wales criticised part of the policies of the Labor Government when it was in power. [More…]
If that was so, I believe that Mr Justice Samuels had no right to criticise the legislation. [More…]
The outburst from Mr Justice Staples is quite a different matter. [More…]
Mr Justice Staples goes on to say that there were no peak council consultations; that again is untrue. [More…]
-No system of justice, whether it is industrial justice or any other kind, can operate without the confidence of those who have to administer it. [More…]
It is obvious, further, that the Bill certainly does not have the approval of at least one Deputy President, Mr Justice Staples and, moreover, of a number of other deputy presidents who met with Sir John Moore this afternoon. [More…]
If it were serious about improving what are genuinely and sincerely perceived to be deficiencies in the present conciliation and arbitration system, if it genuinely wanted to improve the administration of industrial justice within that system, then one would have thought that its first port of call would have been consultation with the justices and the commissioners who make up the Conciliation and Arbitration Commission. [More…]
It should have done that not just as a matter of good faith but as a matter of plain common sense since those justices and commissioners are the ones who have to administer this system. [More…]
Finally, how can we take seriously the Government’s protestations about its sincerity in bringing forward this Bill when we note the way it has responded to the criticism it has received from Mr Justice Staples? [More…]
How can we take seriously its protestations when we note the way in which it has responded to the reasoned criticisms and arguments of Mr Justice Staples which have been acknowledged as such by journals as respectable as the Australian Financial Review! [More…]
Rather than responding in a reasoned way to those criticisms, the Government through the Ministers most immediately concerned- they include the Attorney-General (Senator Durack) who is sitting across the chamber here tonight- has responded by the worst kind of personal vilification and denigration of Mr Justice Staples. [More…]
The Government has responded in a way that has dragged Mr Justice Staples’ reputation through the dust. [More…]
It has responded by leaking to the Press a proposal that the removal of Mr Justice Staples from office was being contemplated. [More…]
This kind of reaction was totally inappropriate to the kind of reasoned document that was received from Mr Justice Staples. [More…]
Perhaps it is best proven to this chamber by the incorporation in Hansard of this famous document, the letter of Mr Justice Staples. [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…]
In the process of trying to score some cheap political points at the expense of Mr Justice Staples, the Government has got itself into very considerable hot water. [More…]
Let me quote from the Hansard greens what Mr Street said in the Parliament today when asked by the honourable member for Parramatta, Mr John Brown, whether the Minister stood by his earlier statement that he through his office had checked with PM to find out whether it had a copy of the letter from Mr Justice Staples. [More…]
The significance of this and Mr Street ‘s insistence about the checking and his understanding that PM did possess a copy of the letter in question is that this is the rationale and the basis upon which Mr Street then proceeded to issue to the Press, to the world at large, this confidential communication 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, PM did not have a copy of that letter. [More…]
It was introduced in circumstances which make it impossible to believe that it was a sincere attempt to rectify wrongs which had clearly emerged in the administration of industrial justice. [More…]
In the court Mr Justice Smith found that the Labor candidate had been improperly denied votes by the tactics of the Liberal candidate, Mr Alan Ridge, who was then the Minister for Community Welfare. [More…]
There are provisions in the Bill which raise other objections, one of which is that to get on to the electoral roll a person has to have an application form signed by a justice of the peace, by an officer of the Electoral Department or by a police officer. [More…]
I do not know whether a justice of the peace is resident there, but certainly there is no person who can be considered to be an officer of the Electoral Department resident there. [More…]
Because the statement in today’s Canberra Times attributed to Senator Knight is misleading and a distortion of the truth, is defamatory and imputes a highly improper motive to me in my efforts to secure justice for the whole of the Australian egg industry, I seek from Senator Knight an unqualified withdrawal of his misleading statements in the Canberra Times today. [More…]
I think it is a travesty of justice. [More…]
I think the argument was best stated by Mr Justice Staples in- as inevitably is the case with Mr Justice Staples- a fairly colourful passage in his now famous letter but one which nonetheless strikes very exactly at the point in issue when he said: [More…]
The language of Mr Justice Staples has been criticised as being extravagant in a number of respects, but he was not extravagant when he described some provisions- in particular this deregistration provision- as appropriate to totalitarian and authoritarian regimes. [More…]
In a letter to the Australian Financial Review, Mr Mills stated: (t was encouraging to see in your editorial of 16 October the broad support you offered for the arguments of Mr Justice Staples against the Fraser Government’s Conciliation and Arbitration Bill. [More…]
However, that is not Mr Justice Sharp’s view of the matter. [More…]
I propose to quote remarks of Chief Justice Barwick which I believe to be relevant to the question that the honourable senator has just raised. [More…]
Chief Justice Barwick said: [More…]
Mr Justice Staples was one of the offenders. [More…]
Fortunately, not all of his associates agree with the depth of the criticism that Mr Justice Staples has levelled at this legislation. [More…]
But I suppose that such criticisms are not surprising when one considers Mr Justice Staples’ very radical background. [More…]
As my colleague, Senator Walters, mentioned last night, Mr Justice Staples is a former member of the Communist Party. [More…]
With your permission I think it is appropriate for this chamber to consider some of the remarks that have been made by Mr Justice Staples and point out where at least one senator believes he is wide of the mark on matters of his interpretation. [More…]
I point out an area of difference or discrepancy between Mr Justice Staples’ interpretation of these amendments and mine. [More…]
-Mr Justice Staples was relating to governments’ requiring justices to fulfil the will of the state or the will of the Government. [More…]
I want to refer to Mr Justice Ludeke. [More…]
I think that Mr Justice Ludeke had a very respectable right wing background but he debunked all that the Government said about these gigantic plots. [More…]
Did he take away information from Mr Street to assuage the objections of the 25 commissioners, Mr Justice Staples and virtually the whole of the trade union movement including the Australian Council of Trade Unions? [More…]
The old axiom, well known amongst industrial circles, of justice delayed is justice denied ‘ is one which we ought to keep in mind when we are considering this clause. [More…]
He has already said that he is not interested in the views of Mr Justice Staples or the views of the conciliation commissioners and he is obviously not interested in the views of Sir John Moore because, in fact, the Bill is going to be dealt with by the Senate in the normal way. [More…]
For example, there has never been any legislation to deal with doctors, and we had such a situation only this year when doctors went before Mr Justice Ludeke to establish a fee for service. [More…]
Where are the instances of judges who have said that they disagree with what Mr Justice Staples has said, or what Sir John Moore has said? [More…]
There is something pertinent in what Mr Justice Staples said when he stated: [More…]
In his letter he fairly substantially endorses the view of Mr Justice Staples about deregistration, namely, that in the hands of the GovernorGeneral a trade union of 150,000 or 200,000 members can be deregistered. [More…]
For instance, in September 1976 Mr Justice Ludeke ordered a secret ballot of members of the Plumbers and Gasfitters’ Employees’ Union employed as sprinkler pipe fitters to determine whether those members of the union were prepared to work normally in accordance with their award. [More…]
For instance, in September 1976 Mr Justice Ludeke ordered a secret ballot of members of the Plumbers and Gasfitters’ Employees’ Union employed as sprinkler pipe fitters to determine whether those members of the union were prepared to work normally in accordance with their award. [More…]
Again, in September 1977 Mr Justice Alley ordered that a secret ballot of builders’ labourers employed on the State Bank construction site in Melbourne be held to determine whether the men were prepared to accept the terms of settlement of the dispute proposed by Commissioner Brown. [More…]
The majority decision of Mr Justice Rich, Mr Justice Starke and Mr Justice Dixon states: [More…]
In the face of that decision of the High Court, Mr Justice Moore would obviously know that the clause would have no effect and that the consultations could be no more than just consultations. [More…]
I do not know why this learned justice, with that knowledge, would discuss this matter with the Minister and why the Minister should state that he gave him that assurance. [More…]
It seems ridiculous to me that Mr Justice Moore, with his legal knowledge, should seek an assurance about something which is so plain in the Bill. [More…]
The statement which the Minister made as a result of the disclosure of Mr Justice Staples’ letter makes one very suspicious about the accuracy of the Minister’s statement and whether we should accept it. [More…]
If we accept it we will be saying that Mr Justice Moore is incompetent- I do not believe he really is- in wanting an assurance about something which his legal knowledge must have told him would not happen and about which he could have assured his commissioners. [More…]
Any attempt to give a uniform award in the Commission would be wrong and would be a denial of justice to which one of the parties is entitled when there is a difference between two applications. [More…]
I do not refer particularly to Mr Justice Staples. [More…]
If the criticisms of Sir Richard Kirby were not enough we also have the statements from Mr Justice Staples, a man whose remarks have been quoted by honourable senators who have spoken before me. [More…]
The opinions of Mr Justice Staples have been soundly and roundly supported. [More…]
They said that Mr Justice Staples used to be a member of the Communist Party. [More…]
Do we ever say anything about the decision on income tax law by the Chief Justice of Australia, Sir Garfield Barwick? [More…]
They say that Mr Justice Staples was a communist. [More…]
Not only did Sir Richard Kirby have things to say; he was supported by Mr Justice Staples. [More…]
As if outbursts from Sir Richard Kirby and Mr Justice Staples are not enough, we have had the public denouncement by the 25 commissioners. [More…]
The discussion has involved a former President of the Court, a justice and 25 commissioners. [More…]
I read it three or four times a year to keep me abreast of what justice is required for freedom of association not only in trade unions but also in employer organisations. [More…]
But now, with this unprecedented situation in the country where a former President of the Court, a justice, 25 commissioners and, the final climax, President Sir John Moore have expressed opposition to the Bill, I think the time is opportune to refer to the document which is entitled ‘The Protection of Trade Union Rights: Twenty Years Work by the Committee on Freedom of Association.’ [More…]
Despite all these outbursts by such eminent men as those whose opinions I mentioned earlier and who are charged with the dispensing of justice in the industrial arena, we have received no responses from the Government. [More…]
As I said, very forceful opinions have been expressed by Sir Richard Kirby, Mr Justice Staples and 25 commissioners, the climax being the meeting between the Minister and Sir John Moore. [More…]
As for the recent discussion concerning Mr Justice Staples, as this stage I do not want to enter into any of the matters which he raised. [More…]
-As Senator Messner was speaking the former President of the Conciliation and Arbitration Commission, Mr Justice Kirby, said on Nationwide program that the consultation provisions of this Bill that we are debating, the Conciliation and Arbitration Amendment Bill 1979, were wrong in principle, making it possible to influence the Commissioners’ decisions, and that other amendments also were unacceptable. [More…]
This Parliament is indebted to Mr Justice Staples for the honest and forthright appraisal of this despicable and underhand attack by the Government on the industrial relations fabric of this country. [More…]
Not only Mr Justice Staples but also his fellow justices and commissioners- all 25 commissioners- and the Australian Council of Trade Unions and the Council of Australian Government Employees Organisations are appalled at the arrogance and the arbitrariness of this measure. [More…]
No leaks occurred until Mr Justice Staples made his statement. [More…]
There is no thought for the health and welfare of the workers at large who have to go on strike to get justice. [More…]
I take it that that is the same Mr Street as the one who had discussions last night with Mr Justice Moore in Sydney. [More…]
We heard an honourable senator from Tasmania trying to denigrate Justice [More…]
Staples here today by saying that at one time Justice Staples was a member of the communist party. [More…]
If I had been in the chamber at the time, I would have quickly reminded him that the Chief Justice of Australia was Attorney-General in a Liberal government. [More…]
I think I would sooner have a person who had been a member of that political party, as Mr Justice Staples was accused of being, because he would mete out more justice than would the person who was an Attorney-General in a Liberal government. [More…]
We have seen an Attorney-General in a Liberal government here in this chamber tonight deny this chamber justice. [More…]
The seventh point I raised related to the matter of natural justice. [More…]
In normal circumstances natural justice requires that he who decides the matter must hear it. [More…]
In this circumstance this particular proposition is against natural justice. [More…]
Might I point out to the Attorney-General that this proposal is the reverse of what is contained in section 30 of the Act which maintains the principle of natural justice insofar as he who decides must also hear. [More…]
That is a fundamental principle of natural justice. [More…]
Natural justice has also been considered and we believe that it is a quite accepted principle in administrative law that to seek advice on policy matters does not infringe the independence of the tribunal. [More…]
Nor does the process of the consultation as outlined detract from the independence of the commissioner and thereby infringe natural justice. [More…]
A little over a year ago I was involved in discussions on these matters with the Department of Justice in Washington. [More…]
The island was divided into a number of districts, with supervisors and with people who administered such justice as could be administered under quite indescribable circumstances. [More…]
Is it a justice of the peace or is it someone the Minister decides by regulation is a prescribed authority? [More…]
Surely our justice demands more than that if someone is done an injury. [More…]
Mr Justice Menzies, in delivering judgment and after describing the publication in those words, said: [More…]
It is perhaps worth remembering that Mr Justice Woodward in his second report referred to the need to examine at intervals the working of the system. [More…]
I would agree also with Mr Justice Woodward when he stressed, however, the importance of the broad bases of the arrangements remaining undisturbed. [More…]
-Has the Attorney-General seen a report of remarks attributed to the Chief Justice of the High Court, Sir Garfield Barwick, who apparently has strongly criticised the lack of availability to the public of texts of government regulations? [More…]
Do the unavailability of government regulations and the remarks of the Chief Justice concern the Attorney-General in any way? [More…]
I have seen a newspaper report of remarks made by the Chief Justice, Sir Garfield Barwick, when delivering a judgment in the High Court, I think yesterday or the day before, concerning the question whether copies of regulations were available at a place notified, at the time such regulations were made. [More…]
I think that what the Chief Justice said was of great importance. [More…]
All I can say is that I agree with the remarks which the Chief Justice has made and that we are doing our best and will continue to do our best to meet the ideal requirements which he mentioned. [More…]
Is the Minister also aware that when Mr Justice Gallop passed sentence in Alice Springs on 19 October he strongly recommended that none of the children be imprisoned in an adults gaol and that all of those convicted are now in the Alice Springs prison? [More…]
Do I detect an acute feeling of remorse in his make-up today in view of the role he had to play at 3 a.m. last Friday in the debate on the punitive industrial legislation and in view of the fact that we have had no report whatsoever on the protracted talks with Mr Hills about justice for the refinery workers, who suffer an overlapping of Federal and State awards? [More…]
They flow generally from agreements with the Government of New South Wales which have followed from the time when Mr Justice Gallagher was the Coal Industry Tribunal, and later was appointed to the Australian Conciliation and Arbitration Commission. [More…]
Unemployment increases and the unemployed suffer, but the Government sticks to its resolve that market forces will somehow solve this problem, and anyone who has the temerity to suggest a different approach- such as the Catholic Commission for Justice and Peace or the Anglican Synod in Tasmania- is likely to be labelled as marxist by people such as Mr Carlton, the honourable member for Mackellar, who apparently believes that anyone who advocates redistribution of wealth in this community from the more well off to the poorer is automatically a marxist. [More…]
But, no, the name calling starts and anyone who issues a pamphlet, as the Catholic Commission for Justice and Peace did, is labelled marxist in the pejorative sense for suggesting some change or some new approach to the very real problems which face us in the community. [More…]
If we do this, if we keep adding to the difficulties of the unemployed and the numbers of unemployed and disadvantaged in the community, we will imbue in people a chronic sense of injustice, that things are not fair. [More…]
In Justice and the Poor Reginald Heber Smith said: [More…]
At the time many comments were made by many interesting people about what they saw as the justice or injustice of such a proposal. [More…]
A miscarriage of justice occurs too often. [More…]
In no way does the editorial do justice to the Government’s position or to the work of the committees. [More…]
-My question, which is directed to the AttorneyGeneral, follows his reply to me yesterday concerning criticism by the Chief Justice of the High Court, Sir Garfield Barwick, of the lack of availability to the public of some regulations. [More…]
I wish merely to point out that the reintroduction of this measure follows its abolition in the previous Budget; that it is merely restoring justice to those who need justice; and that it does not go far enough, as we said in our amendment, in that it omits to index twice-yearly the benefit received by people who are unemployed and without dependants. [More…]
We are talking about justice in the community and a social services Act which is meant to give assistance to people who are in need. [More…]
I was assured that Mr Justice Brennan would consider this matter as a new application and on the basis of whether the Director-General was incorrect in rejecting the original application; it would not be based on whether he was satisfied. [More…]
There may be some justice if the matter goes to an Appeals Tribunal. [More…]
It is one of the matters that need the earliest attention in order to stop the injustice that occurs now. [More…]
I was interested to learn of his discussions with Mr Justice Brennan. [More…]
Why were 17 or 18 Commonwealth Police officers seconded to assist the Royal Commissioner, Mr Justice Williams. [More…]
I am amazed that a man of the experience of Mr Justice Williams would fall for the three card trick of considering statistics in determining the worth of a police officer. [More…]
He told us that there has been a conspiracy to finger the Federal Narcotics Bureau- a conspiracy which I assume involves Mr Justice Williams, who brought down the interim report of his Royal Commission of Inquiry into Drugs; a conspiracy which, I assume involves members of the Government and the Cabinet, in view of Senator Chipp ‘s remarks on the way in which the inquiry was allegedly carried out; a conspiracy which I assume involves members of the Commonwealth Police and the new Federal Police, as well as the criminals whom he is so concerned about and speaks about. [More…]
The situation was evaluated by Mr Justice Williams in his report. [More…]
In the interim report of which I have a copy, which certainly is not as large as Senator Chipp ‘s report, Mr Justice Williams has given compelling reasons as to why the Narcotics Bureau could not continue in the manner in which it was constructed under existing legislation; how the Bureau could not continue in the way in which it was going; how it spent so much of its time defending itself and its image; how over 90 per cent of its heroin seizures in 1 977 and 1978 were of less than 100 grams, when the seizure of quantities of less than 5 grams represented over 60 per cent of its seizures in 1 978 and 70 per cent of its seizures in 1977. [More…]
Mr Justice Williams has recommended coordination and the Government will attempt to co-ordinate the activities against drug traffickers- to co-ordinate the whole operation in this country- because we are dealing with ruthless and sophisticated men. [More…]
Whatever the amount of money iswhether it is the $700m that Senator Chipp talked about or whether it is the $80m odd that was referred to in the report by Mr Justice Woodward presented in the New South Wales Parliament today- it has to be recognised that it is an area of tremendous growth and an area which presents tremendous problems for the law enforcement agencies. [More…]
Of course, at this late stage we are not in a position to talk to any great extent about the findings of Mr Justice Woodward which were presented in the New South Wales parliament today. [More…]
The Queensland Minister for Aboriginal and Island Affairs, Mr Porter, complains about Commonwealth interference at Yarrabah because the Yarrabah people have approached the Australian Government for natural justice. [More…]
But for the 60,000 blacks of Queensland, there is less than justice. [More…]
For some reason or other this year Mr Justice Matthews said that they were entitled to award wages. [More…]
-I refer the AttorneyGeneral to the report of Mr Justice Woodward’s Royal Commission of Inquiry into Drug Trafficking in New South Wales in which the Commissioner noted that he had been assured of co-operation in the usual way from the then Attorney-General, Mr Ellicott. [More…]
If so, what efforts did the Attorney-General make to ensure that full, or at least effective, co-operation was given by Federal authorities to assist Mr Justice Woodward in his inquiry into this matter of national concern? [More…]
I have not seen the actual terms of the report of Mr Justice Woodward, in particular the section to which Senator Wriedt refers. [More…]
Letters were exchanged between the Prime Minister and the Premier of New South Wales and there were discussions between officers attached to the two royal commissionsthe Australian royal commission presided over by Mr Justice Williams and the New South Wales royal commission presided over by Mr Justice Woodward- which were designed to endeavour to achieve co-operation. [More…]
I will certainly consider the comments Mr Justice Woodward has made in respect of the complaints about the lack of co-operation that he felt there was; but at this stage I am not able to answer in any more than general terms. [More…]
-I refer the AttorneyGeneral to the open transcript of evidence given before Mr Justice Williams’s royal commission of inquiry into the Narcotics Bureau. [More…]
I ask the Minister whether he is aware that Mr Justice Williams expressed his amazement at that state of affairs and said: [More…]
I ask the Minister: Can he explain what would cause Mr Justice Williams to make that comment? [More…]
I ask the Attorney-General a question concerning the Australian Royal Commission of Inquiry into Drugs, headed by Mr Justice Williams, which was appointed in October 1977. [More…]
Has the Leader of the Government seen the report of the Royal Commission of Inquiry into Drug Trafficking, presented to the New South Wales Parliament, in which Mr Justice Woodward mentions the lack of representation by Australia in the Golden Triangle area of South East Asia and complains that he was not able to evaluate Australia’s efforts in Thailand because the Federal Narcotics Bureau agent there was instructed not to give information to the Royal Commission? [More…]
I do not know whether what has been suggested is a true reflection of Mr Justice Woodward ‘s report or whether it is factual because I have not either the report or the substantiation. [More…]
Neither of us, as I take it, has seen Mr Justice Woodward ‘s report. [More…]
When Mr Justice Williams retired it took 16 months for a replacement to be put in as chairman. [More…]
This is the most grave injustice, the most complete perversion of natural justice, that I have ever seen in this country. [More…]
This is the most grave injustice, the most complete perversion of natural justice, that I have ever seen in this country. [More…]
To table allegations in Parliament is to create an entirely new plane of ‘justice’- the smear from behind a protective cloak of parliamentary privilege. [More…]
One of the early and major addresses at the conference will be given by the Chairman of the Commonwealth Grants Commission, Mr Justice Rae Else-Mitchell. [More…]
We saw logic and justice finally overcoming the backward attitudes of conservative governments. [More…]
If the provisions in question are from the Administrative Review Council the Opposition’s position is that, subject perhaps to better explanation in some areas, the Opposition will accept them because we are satisfied with the credibility and the stature of that advisory body which is headed by the three ex officio members- Mr Justice Brennan, President of the Administrative Appeals Tribunal; Professor Richardson, the Ombudsman; and Mr Justice Michael Kirby, Chairman of the Australian Law Reform Commission. [More…]
Is the AttorneyGeneral aware that there was a resumption of hearings yesterday in Darwin before Mr Justice Toohey on the Kenbi Aboriginal land claim? [More…]
If not, in view of the currency of the hearings before Mr Justice Toohey, will he expedite consideration of the application. [More…]
I understand that a hearing did take place yesterday before Mr Justice Toohey relating to the Kenbi Aboriginal land claim. [More…]
It is no use just looking at what they say; but if they say that with their system there will be greater freedoms, more democracy and greater justice than under the systems existing elsewhere in the world, surely all of us have a necessity to examine how they do conduct their own societies so see whether their words and the claims they make about superiority of their system and the desirability of that system being adopted by other countries is borne out by what one sees practiced within their own society. [More…]
I believe that the taxpayer would consider that to be poetic justice. [More…]
I refer to a speech entitled ‘Human Rights: The Challenge for Law Reform’ which was recently delivered by His Honour Mr Justice Kirby as the Turner memorial lecture. [More…]
Lord Justice Scarman said recently that the universal common law is in retreat. [More…]
The constraints in judicial law making have been one cause, although not the only one, which have contributed to the need to establish new and more effective means, more in tune with our times, to deal with many aspects of justice being done and seeming to be done. [More…]
It sets out our views on justice and law reform and then says that one of the matters that should be done to give effect to the principles is: [More…]
The administration of justice. [More…]
Monsieur Pierre-Henri Teitgen, a leader of the French republican movement and a former Minister of Justice, in his speech to that Assembly, commented as follows: [More…]
The Chief Justice of Australia, Sir Garfield Barwick, in presenting his 1979 Bentham Oration, was moved to make this point: [More…]
Which brings me back to natural justice and the need to embody it in law. [More…]
Finally, Sir Norman Anderson again presenting a Hamlyn Lecture entitled ‘Liberty, Law and Justice’ was at great pains to spend part of his discussion on illustrating why he believed the state of the common law in Great Britain was such as to require, in that country, the enactment of a Bill of rights. [More…]
As my colleague Senator Missen has already indicated, the Turner Memorial Lecture delivered by Mr Justice Kirby- I think it was printed in the University of Tasmania Law Review in 1 976- again canvassed this issue in some considerable detail. [More…]
Mr Justice Mason in giving his judgment in the case Victoria v. Commonwealth and Hayden in 1975 said: [More…]
Chief Justice Holt, a great chief justice, born in 1642, Chief Justice at the age of 23 years, Chief Justice for 41 years- not some woolly-minded academic- a man who was harsh on treason and sedition but who held out against the prosecution of witches, who adopted a liberal construction on statutes compelling church attendance, a man who was concerned with human rights and who used his unparallelled position as Chief Justice for 41 years to secure them, said of that elementary maxim: ‘Whenever the common law gives a right it also gives a remedy’. [More…]
In any case, I certainly do not intend that I or any judicial inquiry should deal with the facts of evidence or interfere with the course of justice as it affects the prosecution or defence. [More…]
I consider that if we are prevented from moving such a motion or, by implication, debating such a matter in this place until all these court cases are finished, justice not only will not be done to the people in the case but also will not be done to the community of Australia. [More…]
It is a question which relates not to the immediate matters before the court such as those which would adversely prejudice or effect a particular litigant but to the administration of justice. [More…]
It relates to questions about the conduct of the police and the prosecution which, unless they are satisfactorily answered, would confirm the serious doubts which are already held in the community at large about the quality of the administration of criminal justice by our federal agencies. [More…]
I put it to you, Mr President, that it is impossible to think of a matter more squarely within the public interest than these fundamental questions which are related to the administration of criminal investigation and criminal justice and which are involved in the motion moved by Senator Grimes. [More…]
Mr President, as you would know, the question is not whether the proposed judicial inquiry might interfere with the course of justice in the events before the courts in Sydney but whether a debate in this chamber would so interfere. [More…]
Chief Justice Holt, who at the age of 23 years ascended to the bench and who was on the bench for 42 years, very strongly opposed the persecution of witches and very strongly tried to modify the effects of those laws which required compulsory attendance in certain churches and denied rights to members of other, even Christian, communions. [More…]
We think of our legal protections for the human rights of Australians as a happy blend between British justice and the Australian ‘fair go ‘. [More…]
As has been pointed out by Mr Justice Kirby, the [More…]
The latest case on the subject was the 1975 High Court decision on the Seas and Submerged Lands Act, which does not help us much because it was not concerned with the internal scope of the external affairs power, although Justice Murphy did state a wide view of the power. [More…]
In the more recent Airlines case of 1965, there is little discussion of the external affairs power, although Justice Menzies did say that under section 51 (29) the Commonwealth has power to make laws that carry out international obligations under a convention with other nations concerning external affairs. [More…]
After all, as has been pointed out by Justice Kirby, despite the great differences of history, culture and language, European countries have been able to produce a European Convention on Human Rights and the Council of Europe has produced more than 100 conventions on such diverse subjects as extradition, the legal status of migrant workers, transplantation laws and suppression of terrorism. [More…]
I changed my mind on this matter when I heard a magnificent lecture- I believe that Senator Evans was on the platform with me at the time- by Mr Justice Kirby. [More…]
One of the criteria which Mr Justice Kirby mentioned was that we do not need a Bill of rights if the electorate is informed and active. [More…]
The second criterion, as I remember what Mr Justice Kirby said, was that a Bill of rights was needed if politicians voted on issues and not according to party direction. [More…]
One wonders about the capacity of this chamber and of this Parliament to comply with Mr Justice Kirby ‘s criterion that politicians should vote on issues as they see them and not vote on party lines. [More…]
The third criterion that Mr Justice Kirby mentioned was that every individual, no matter how underprivileged or how lacking in affluence, should have the right to sue, the right to legal action. [More…]
Justice had its way and the weekly national settled out of court. [More…]
After looking at Mr Justice Kirby ‘s criteria, I find that Australia meets none of them at this stage. [More…]
This would have the effect of smashing the criminal rackets which Mr Justice Woodward has revealed exist. [More…]
In other words, when there is a feeling of unfairness among hundreds and thousands of Australians whereby they see on the one hand, society authorising, legalising and making big money by way of excise and normal company and income taxation out of the circulation of authorised drugs, such as tobacco, alcohol and analgesics, and, on the other, repressive legislation which characterises the attack on marihuana users and which Mr Justice Woodward recommended ought to be strengthened in its penalties, it is no wonder that there is no widespread community support for what ought to be the situation, namely, an evenhanded attack on drug abuse, of whatever character, which is occurring throughout the Australian community. [More…]
What are the estimated costs of fixtures and fittings in office suites for the Chief Justice and each other High Court Judge, in the High Court building presently under construction in Canberra (see Part 4 of the answer to Senate Question No. [More…]
The estimated costs of fixtures and fittings in office suites for the Chief Justice and each other High Court Judge in the High Court building are: [More…]
Chief Justice’s Suite-$36,000. [More…]
Justice’s Suite 1- $35,100. [More…]
Justice ‘s Suite 2-$38,900. [More…]
Justice’s Suite 3-$26,500. [More…]
Justice ‘s Suite 4-$32,700. [More…]
Justice’s Suite 5-832,100. [More…]
Justice ‘s Suite 6-$46,400. [More…]
The Opposition knew there would be investigations and we on this side avoided comment because we did not want to interfere with the course of justice. [More…]
The High Court shall consist of a Chief Justice, and so many other Justices, not less than 2, 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 a 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…]
Although I do not see this proposed amendment as providing an ideal solution I see it as securing fundamental justice, and not just for this man. [More…]
The Government has rejected this recommendation- the Attorney’s statement says as much- on the grounds primarily that this would amount to undue interference by the Executive in the administration of justice. [More…]
The concept of an Institute of Judicial Administration was, as the report states, first mooted in 1 974 by Mr Justice Fox, in whose judgment the Government hitherto has demonstrated considerable confidence. [More…]
The reasons it was mooted by Justice Fox are set out at length in the report, in which there is also reference to the precedents for such institutes of judicial administration in various overseas jurisdictions, notably the United States of America and Britain. [More…]
There has also been very strong support for the concept of such an institute from Mr Justice Blackburn in the Australian Capital Territory. [More…]
Senator Evans has referred to the view of the Chief Justice, Sir Garfield Barwick, that he does not favour support of the present private Institute of Judicial Administration, but he did go on to say, as quoted in the report: [More…]
We are not saying that there is not some justice in some circumstances in relation to mining development. [More…]
He has suggested that the Minister for Aboriginal Affairs (Senator Chaney) would listen to outside organisations and that he is not doing justice to his job, which I took as a criticism of the Minister. [More…]
As the Government has recognised, Mr Justice Toohey pointed out in connection with the Borroloola land claim that non-Aboriginal groups which had financial hardship were unable to retain adequate legal counsel to present their case. [More…]
I refer to the transcript of proceedings concerning Borroloola taken before His Honour, Mr Justice Toohey, at Darwin on Tuesday 22 August. [More…]
It is very interesting to look at the summing up and the remarks that have been made by the various legal people who appeared before His Honour Mr Justice Toohey. [More…]
Of course, the whole purpose of this amending legislation is to further restrict Aborigines in their lawful search for justice. [More…]
We do not see any justice in taking from him powers which I think he can exert responsibly and putting then in the hands of the Parliament. [More…]
As we know, that claim is not yet settled but we hope it will be settled by Mr Justice Toohey by early next year. [More…]
Following on the report of Justice Fox on the Ranger Uranium Environmental Inquiry the Government embodied in legislation the proviso that if a mining interest had been applied for before June 1976 on land which subsequently became Aboriginal land then Aborigines could not prevent uranium mining but could merely negotiate terms and conditions of that mining. [More…]
It is significant that the Aboriginal land claim over the Pancontinental area has not yet been heard by the Aboriginal Land Commissioner, Mr Justice Toohey. [More…]
Mr Justice Toohey, the present Commissioner, has expressed the view that the Minister has power to accept all or part of a Land Commissioner’s recommendation. [More…]
As I said during the Senate’s discussion on the Borroloola land claim, justice must not only be done but be seen to be done. [More…]
Those honourable senators who feel that there is something wrong in examining the Act in that way might console themselves by looking at the second report of the Aboriginal Land Rights Commission, headed by Mr Justice Woodward. [More…]
Mr Justice Woodward stated in paragraph 757: [More…]
On examining those paragraphs one sees, I think, a very sensible observation on the part of Mr Justice Woodward that here is something new that will need to be examined. [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…]
The only other point I want to make- I stress that I stated it in correspondence to the Minister- is that the disallowance provision is important in the operation of the Aboriginal Land Rights (Northern Territory) Act because of what Mr Justice Woodward said in his report. [More…]
It has one full-time president, Mr Justice Brennan, four full-time deputy presidents, two senior full-time members, two senior part-time members and 18 ordinary parttime members. [More…]
It consists of the following ex-officio members: The President, Mr Justice Brennan, the Commonwealth Ombudsman, Professor Richardson and Mr Justice Michael Kirby, as Chairman of the Australian Law Reform Commission. [More…]
One can pay very considerable tribute to Mr Justice Brennan and the work that he has already done. [More…]
In fact, some of them were so identified by the Chairman of the Administrative Review Council, Mr Justice Brennan. [More…]
In November 1 977 Mr Justice Kaye held that a levy of the annual general service fee was beyond the powers of the University of Melbourne. [More…]
He was supported in his position by the Pro Chancellor, Mr Justice Blackburn, who could hardly be considered to be amongst any radical elements on that campus. [More…]
Last Friday in Brisbane, the Chief Justice of the High Court of Australia rejected the Australian Wheat Board’s submission that the wheat marketing case was settled and committed Ubergang’s case for hearing in the full High Court. [More…]
There was some justice when the Whitlam Government related the awards for post-graduate students to a researcher’s salary at the university level. [More…]
The main substantive change in this particular Bill is the removal of the power of a casting vote from the Chief Justice where there is an equality of judges, an evenly divided court, in appeals from the Federal Court, from Territory Supreme Courts, or from the Family Court. [More…]
Hitherto, in those situations where there has been an equal division of judges, the Chief Justice has had a casting vote, unlike the situation which has obtained in the State Supreme Courts, where appeals coming from those jurisdictions and resulting in an even division of opinion have resulted in the majority decision at the lower level- the State level- prevailing. [More…]
It would also appear, certainly to the Opposition, to be very appropriate to be reducing the personal power of the Chief Justice in this respect. [More…]
As we had occasion to say a number of times in 1975, the Chief Justice is, after all, but one judge among seven. [More…]
His particular prejudices or the prejudices of any chief justice of the day should not be given any unnecessary weight such as was given under the system which has prevailed pending the passage of this Bill today. [More…]
Of course, this represents an interesting dimuninon in the power of the present Chief Justice, Sir Garfield Barwick, and his successors, -to which they will be obliged to accommodate themselves. [More…]
Court with the function of assisting judges, I imagine especially the Chief Justice, in his and their performance of those administrative functions. [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…]
Indeed, it was only with the appointment of His Honour Mr Justice Wilson very recently that Western Australia had its first appointment to the Bench, and it remains true that neither South Australia nor Tasmania has ever had members on the High Court. [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…]
South Australia and Tasmania as a justice of the High [More…]
It was in 1970 that the Senate, at the suggestion of the then Leader of the Opposition in the Senate, Senator Murphy, now Mr Justice Murphy of the High Court of Australia, and with the support of all parties established the Senate Select Committee on Securities and Exchange. [More…]
If it is the practice of the Department to conform to these basic rules of natural justice: (a) for what length of time is the notice which is provided; (b) what details of the evidence are provided (for example, reports of field officers, the names of informants, and copies of all statements); and (c) is the pensioner or beneficiary permitted to make an oral or written representation to the Department. [More…]
Will the Department, if the notice, information and opportunity referred to in (1) above are not provided, restructure its procedures in view of the serious invasion of the rights of pensioners and beneficiaries involved in such a denial of natural justice. [More…]
Those things that I ‘ve said are on the basis that they relate to the adherence to principles of independence of the Courts and indeed the criticism that I most strongly make is that it cuts across the time honoured principle, that not only must justice be done, but that it must also appear to be done. [More…]
Is the Attorney-General aware that the former Australian Ambassador to the United States, Mr Alan Renouf, has stated in a letter to appear in the shortly forthcoming issue of the Australian Law Journal that in his view the Australian Government made an ‘error of magnitude ‘ in choosing to go to the International Court of Justice in this matter rather than to arbitration and that the Australian Government is quite likely to be seriously politically embarrassed, over time, as a result of this decision. [More…]
The Commission’s terms of reference do not contain a deadline but I have been assured by the Chairman, Mr Justice Kirby, that the Commission will endeavour to produce the report without delay within the availability of Commissioners, staff and resources. [More…]
Mr Justice Kirby expects to be able to produce a report with reasonable speed and that would seem to cover the situation. [More…]
If I do not manage to cover all the topics, I am very sorry that I have not been able to give justice to these subjects in the Senate. [More…]
The third item that I wish to raise, and I think time will probably run out on me to do it proper justice, is the matter of the allowance to the Governor-General which appears under the estimates of the Department of the Prime Minister and Cabinet. [More…]
Now that the allegations have been made, I am grateful to the Queensland Government for having extended the commission of the royal commissioner, Mr Justice Williams, to clear my name and also to expose the base nature of the honourable members of the Queensland Parliament who made the allegations. [More…]
The point that Senator Mulvihill raises as to the question of a security service’s leaking or divulging information to other than authorised sources was something that greatly concerned Mr Justice Hope and about which he made very strong representations. [More…]
I can assure the Senate that the present Director-General of the Australian Security Intelligence Organisation, Mr Justice Woodward, accepts the recommendations firmly and applies them in practice. [More…]
It was proposed that the congress be attended by up to 2,000 participants from more than 100 countries, including Ministers of justice, judges, criminologists and leading figures in the field of corrections, police, social welfare, mental health, education and a number of related areas. [More…]
The Government has itself said in publicity associated with this congress that it would focus world attention on Australian criminal justice, laws and practices and on criminology in Australia. [More…]
I refer to a report of Mr Justice Parker of the United Kingdom on what was known as the Windscale Inquiry. [More…]
Mr Justice Parker continues: [More…]
It is clear that the recommendations of the first and second reports of Mr Justice Fox have not been adhered to in the Northern Territory. [More…]
The Federal Court of Australia, constituted by Mr Justice Sweeney, found that Terence Keogh at all relevant times was of general bad character. [More…]
I raise my voice in protest at the way in which these people are being denied economic and social justice apparantly based on comparable standards on a year to year basis. [More…]
I would not mind if the same sort of justice was being meted out to residents of other States. [More…]
The tragedy is, and I ask the Minister to comment on this, that if governments only woke up they would realise that a small amount of justice and equity today would remove the necessity in future years for massive expenditures in dealing with the end results of the disintegration of the family unit. [More…]
What I am saying is that if the Queensland Director of Social Services accepts all recommendations from the Appeals Tribunal and in New South Wales over one quarter of the recommendations are rejected, frankly, I would like to see the Queensland Director of Social Services transferred to New South Wales so that the people of New South Wales could get a bit of justice along the same lines as that received by people in Queensland. [More…]
Further to your wonderful & encouraging letter of August 27th, 1979 and especially the portion which “Justice has Prevailed”. [More…]
By the client department, or by the client department’s unofficial master, who appears to have been the Chief Justice. [More…]
Design documentation has accordingly required close collaboration between the architects, the builder, the NCDC, which is the construction authority, and the user, represented in the main by the Chief Justice, and the Attorney-General’s Department. [More…]
The point to which I wish to draw particular attention is why the Chief Justice- designated or regarded as the chief user- I think that is the term- especially since one would not expect that the present Chief Justice would be around for much longer than the High Court; one would certainly hope not, anyway. [More…]
It is scarcely conceivable that a chief justice who has been exposed to criticism from such a variety of sources as has the present Chief Justice should still occupy this position. [More…]
At that time I requested that the matter receive the attention of the Standing Orders Committee so as to clarify whether there was any constraint, special protection or restriction on the comments that may be made about members of the judiciary, including the Chief Justice. [More…]
So I submit that there is nothing in the Standing Orders of the Senate which provides any special privilege or protection for the Chief Justice or which says that he or any other justice should be treated in any way different from any other citizen. [More…]
I agree that to call the Chief Justice a dirty crook, even if it is an expression of the opinion of the honourable senator making that statement, is unparliamentary and justifies some action being taken against the honourable senator concerned. [More…]
Tempers are becoming frayed and we are not doing justice to the job we have been appointed to do. [More…]
I am also told that in the private bathroom of the Chief Justice most of the plumbing was pulled out because he wanted gold plated taps put over his private wash hand basin. [More…]
It is incomprehensible to me that the Government should expect co-operation from members of the Opposition when very little justice is given to our colleagues- especially my colleague Senator Walsh, who has now been removed from the chamber, not for one day but for one week- and when the Minister for Science and the Environment (Senator Webster) sits mute after reasonable requests have been made for information. [More…]
The State Government plans to devote $4.3 m of its $ 16m share of Federal national highways construction grants in 1978-79 to work on the Stuart Highway, but it claims, with some justice, that more help is needed from Canberra to enable the job to be completed within a reasonable period. [More…]
Earlier tonight Senator Walsh was suspended from the service of the Senate because he passed certain remarks about the Chief Justice, Sir Garfield Barwick, that old, old man of Australian law. [More…]
Of course, as the report goes on to say, some of this information was available to the Government at the time in Mr Justice Woodward’s report following the Ranger inquiry. [More…]
I know that you will ask me to be careful in saying this, Mr President, but the present Chief Justice, from his eminent position has achieved by way of judgment what he was unable to achieve by way of argument as counsel before the Privy Council, namely, a situation in which section 260 of the Act is emasculated. [More…]
Has the Minister representing the Minister for Business and Consumer Affairs seen various reports, most recently in the Age newspaper this morning, that in his confidential report to the Government on the Narcotics Bureau, Mr Justice Williams strongly criticised the permanent head of the Department of Business and Consumer Affairs, Mr Tim Besley, over his evidence to that inquiry? [More…]
Justice Smith ordered a new election. [More…]
Justice Smith found that 96 people had been improperly deprived of their right to vote for Ernie Bridge and for that reason declared the election void- the winning margin having been only 93 votes. [More…]
The improprieties found by Justice Smith were those of a group of Perth lawyers who were briefed by the Liberal Party in obstructive scrutineering tactics to be used in polling booths. [More…]
The major amendment to the State Electoral Act, the amendment which is the target of this Bill- Clause 8 in the Western Australian amendment- is that which requires applications for enrolment to be witnessed by either a justice of the peace, a police officer, a clerk of courts or an electoral officer. [More…]
The probability is high that an Aborigine’s only previous contact with justices of the peace, policemen or clerks of court, would have been as a victim of the punitive or disciplinary arm of the law. [More…]
I concede there are Aboriginal justices of the peace at some settlements, but that is far from ubiquitous. [More…]
As I said earlier, one is a bit diffident if one has to go to the International Court of Justice, or some other agency, and then finds a powerful government alongside a particular multinational. [More…]
They were signed by Leigh van der Hoek, the man who was sacked; Roy Mclvor; Leo Rosendale, Justice of the Peace; and Ted Bowen, a council member. [More…]
-The statutory declaration is signed by R. Mclvor and witnessed by a Justice of the Peace. [More…]
They reflect the decision forced upon the Government, much to its embarrassment, by the recent report of Mr Justice Williams containing a recommendation to disband the Federal Narcotics Bureau and to vest the Federal narcotics law enforcement powers in the new Australian Federal Police. [More…]
But then, of course, the legislation having gone through, having been forced through by this Government under these circumstances, we had tabled in this Parliament just a few weeks ago the interim report of Mr Justice Williams’ Australian Royal Commission of Inquiry into Drugs recommending the disbanding of that narcotics bureau. [More…]
Moreover, it subsequently appeared that the confidential report which Mr Justice Williams issued at the same time takes those allegations rather further than simple incompetence to the extent that there are very grave reasons to suppose that that organisation was not free from corruption of a high order. [More…]
Why has Australia waived the objection it would be entitled to make to the exercise of jurisdiction by the International Court of Justice in this matter. [More…]
Reference of such matters to the International Court of Justice is a proper and reasonable method Of resolving differences between friendly countries. [More…]
I thought this was what Mr Justice McGregor was inquiring into. [More…]
The demands of Aboriginal and Torres Strait Island people for justice in this land which is rightfully theirs. [More…]
Will the Government consider adding to this list the Child Accident Prevention Foundation of Australia as recommended by Mr Justice Meares? [More…]