Page 2831 - Week 13 - Wednesday, 22 November 1989
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We are told by some people, particularly the Labor Party members in this Assembly, that these things are covered by laws; they are not all-encompassing. Well, article 13, paragraph 2, reads:
The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law ...
But it adds "and are necessary". What that says - and, if it does not, get a legal opinion and give it to me - is that the law is not necessarily valid unless it is held to be necessary. We have legal people in this Assembly - Bill, you are the only one I can turn to - who can say what these things mean.
Mr Whalan: Ha, ha!
MR STEVENSON: I say that because it is obvious that Mr Whalan and other members of the Labor Party either have not the slightest understanding of what the law says and means, or they disregard what the law says and means. But these are matters of law and we should look to the law. When we look at what is necessary under article 13, we find that it says:
(a) for respect of the rights of reputations of others; or
(b) for the protection of national security or of public order, or of public health or morals.
That does not talk about the child. How about addressing the articles? Get back and talk to me about the legality of the thing. That was the article specifically, Chief Minister. Article 15, once again after saying that the child has the right to freedom of association - and that could be freedom to associate with drunks, drug addicts, prostitutes, et cetera - - -
Mr Berry: People from the League of Rights.
MR STEVENSON: Yes, and people from the Labor Party indeed. You can associate with anybody under these provisions. Whether that is necessarily a good idea for a child, Wayne, it does not matter. So, once again, no restrictions shall be placed on the exercise of these rights other than those imposed in conformity with the law. But it adds "and which are necessary" - I wish the lawyers were here - "in a democratic society and in the interests of national security". Then we have article 16 which says:
No child shall be subjected to arbitrary or unlawful interference with his or her privacy ...
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