Page 1543 - Week 06 - Wednesday, 2 May 1990
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... "From time immemorial, the practice has been not to allow criticism of the judiciary; the honourable member may discuss the judgments of the court, but not the judges" ... Judges are expected, by convention, to refrain from politically partisan activities and to be careful not to take sides in matters of political controversy. If a judge breaks this convention, a Member may feel under no obligation to remain mute on the matter in the House.
That is the convention that will guide me, and I have no doubt that my legal colleague opposite will share those views. Mr Speaker, I want to answer quickly a couple of Mr Moore's comments and go - - -
Mr Moore: I rise on a point of order, Mr Temporary Deputy Speaker. I will be brief. Since Mr Collaery has raised that issue, I think it fair to - - -
MR TEMPORARY DEPUTY SPEAKER (Mr Jensen): What standing order are you talking about, Mr Moore?
Mr Moore: I am clarifying, Mr Jensen.
MR TEMPORARY DEPUTY SPEAKER: Mr Moore, unless you specify a standing order, I do not believe you have a point of order. Proceed, Mr Collaery.
Mr Moore: You remember that yourself, Mr Jensen.
MR COLLAERY: That was a threat to the Chair if ever I have heard one.
Mr Moore: I withdraw any imputation or any threat, Mr Temporary Deputy Speaker. It certainly was not intended.
MR TEMPORARY DEPUTY SPEAKER: Mr Moore, I think you have already been warned once today for that sort of activity. I remind you to be very careful in future debates this afternoon.
MR COLLAERY: Mr Temporary Deputy Speaker, I have some ordered notes in relation to my comments on the suggestion of a controversy with the judge because I think great care has to be taken in responding, and then I will go into an extempore response to Mr Moore. It is incumbent upon me to respond to the apparent public controversy which has arisen over a proposal to restructure the court system in the ACT consequent upon self-government.
On 19 April 1990 I issued a press statement saying:
... the impending transfer of the courts to the ACT provided a unique opportunity to create a judicial system which was responsive to the needs and priorities of the ACT community, while remaining consistent with the fundamental
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