Page 2684 - Week 12 - Thursday, 16 November 1989
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further discussed in the United Nations and the necessary amendments are made.
There are a couple of potential problems with the draft convention as stated at March 1989. Looking through it, perhaps the unofficial summary of the main provision in the preamble is far better in terms of what the supposed intent is, and far more beneficial for children, far less harmful to the worries Mr Stevenson has, than the actual text of the parts. Hopefully these terms can be amended when it is discussed further.
A further point to Mr Collaery's motion is that further consultation with all State and territory governments take place. I think that is essential. Mr Stevenson does mention some points which I think should not be lightly dismissed, as certain members have done today. As Mr Moore mentioned, the right of the Commonwealth Government to ratify conventions is part of the external power, and a very necessary and proper part of it. The external power has been used in somewhat controversial circumstances at times to override the States. One cannot dismiss even minority opinions of High Court judges when they express some concern in relation to that. Nor can one dismiss an association such as the Australian Family Association, which is indeed a reputable association, which also has some concerns. One of the concerns Mr Stevenson expressed, and Mr Collaery also alluded to it, was the very real concern that the legitimate and proper rights of parents could possibly be taken away from them and be replaced by some state-run body when the parents should have the right to look after their child properly.
I can recall some concerns expressed some years ago in New South Wales by a number of parents. There was quite an outcry there as a result of some legislation the Wran government brought in which was being exercised, perhaps misguidedly, but certainly in accordance with the letter of the law, by certain social welfare workers. Children who, as Mr Collaery stated, perhaps just needed a bit of time-out were bunged off into institutions and the parents' rights in relation to properly bringing up the children were disregarded because of the rights of the State. That was a real concern in New South Wales. I believe the Unsworth government took some steps against that and I think the Greiner government has as well, in an attempt to rectify that situation. I do not know whether all the necessary amendments have now been made, but it was a very real concern and certainly a big problem. It caused a lot of parents in Sydney a lot of concern several years ago.
I think there are some potential problems with this draft, but it is still a draft, and I think Mr Collaery's motion is the way to go for this Assembly in relation to it. I can also understand the concerns, expressed by Mr Stevenson and mentioned by Dr Kinloch as well, in relation to the world community and the United Nations. In one of the documents passed around in the last few days mention was
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