Page 905 - Week 04 - Tuesday, 27 March 1990
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MRS GRASSBY (8.07): I rise to oppose this clause and to take the opportunity at the same time to set the record straight in regard to Mr "Cleary's" claim that - - -
Mr Collaery: Collaery.
MRS GRASSBY: Any fool can have any name he wants, mate. I am quite prepared to call you any name you want. He claims that the Labor Party is responsible for the delay in bringing on this important piece of legislation. Twice last week we tried to bring this legislation on - last Tuesday when we wished to sit but the Government would not sit, and again on Thursday when we said we would sit but again the Government would not sit to discuss this Bill.
Mr Kaine: After wasting four hours.
MRS GRASSBY: I would like it to go on record, Mr Chief Minister, that we were prepared to sit, but you were not.
Mr Kaine: Oh, rubbish!
MRS GRASSBY: It takes a very clever man to be a good listener, but obviously the Chief Minister is not either of those.
Mr Kaine: An empty vessel makes the loudest noise.
MRS GRASSBY: That is your opinion.
MR SPEAKER: Please proceed, Mrs Grassby.
MRS GRASSBY: The Labor Party opposes this clause because, although clause 4 binds the Crown, clause 5 provides that the Crown cannot be prosecuted for an offence against this legislation. As Professor Whalan rightly points out, the clause weakens the thrust of the legislation, given that the biggest producers of clinical waste are the local public hospitals. I realise, of course, that clause 4 binds the Crown and that it is unlikely that the Crown would take legal action against itself. Nevertheless, the Bill, as it stands, would allow local public hospitals to breach the legislation with impunity.
In addition, clause 5 prevents a private person taking action to prevent the Crown breaching the legislation. I realise that the Government will argue that, as the Bill binds the Crown, there is no need for the Crown to be liable to prosecution. However, I believe that in the interests of the civil rights of ACT residents it is appropriate that a member of the public be able to bring legal action against a government if it breaches its own legislation. Therefore, the Labor Party opposes this clause, and I call on other members to oppose this clause and vote against it.
MR COLLAERY (Attorney-General) (8.10): There is superficially some attraction to the theory that Mrs Grassby has advanced. Clause 5 says:
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