Page 4588 - Week 16 - Tuesday, 27 November 1990
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Last Wednesday the Attorney-General indicated that an opinion would be sought of queen's counsel; that queen's counsel would be briefed - that Mr Jackson would be briefed. It does not take a lot to brief in this matter. The relevant documents are the early advice of the Law Office, the brief to Mr Brazil and such extrinsic material as is held by the Law Office. It ought to be there on file. The brief ought to be able to be put together and sent off very quickly. Is it reasonable to ask for a quick advice? Of course it is. Senior counsel practising in an opinions area are regularly called upon for an advice almost instantly. Indeed, I can say from my own experience in the practice of the chambers of the Commonwealth Solicitor-General that often the most important advice that that eminent lawyer is asked for is advice that is needed within the next half-hour.
Senior counsel in an advisings practice earn their reputation and their eminence by their ability to get advice out quickly. Sir Owen Dixon, a former Chief Justice of the High Court and one of Australia's greatest lawyers, was famous for the 100-guinea advice delivered in five minutes that simply said "No" in response to a question. Senior counsel earn their eminence and their respect by their ability to respond quickly. It simply requires the Law Office to phone Mr Jackson's clerk and ask, "Is it possible for this advice to be obtained before the end of the current sittings?" - and it is an obvious necessity. We all should be striving to establish in the minds of the community the useful purpose of this Assembly as a proper democratic process to debate issues of importance to the community. If we do not have the advice by the end of these sittings we will be well into next year; it will be February, the schools will be closed, heavens knows what will be left of the Royal Canberra Hospital site at Acton, and the matter will have passed.
It is of supreme importance for the future of this Assembly, and for the respect held for this Assembly by the community, that we get this advice urgently. All we are asking is that Mr Jackson be asked whether he can provide the advice by 11 December. If he cannot - if his clerk indicates that that is not possible - it may be appropriate to speak to the clerks of some other senior queen's counsel. And the same applies to the Attorney-General's Department: it is simply necessary for us to indicate that we want this advice before the sittings end. And it is not some arbitrary deadline; we are asking for advice of central relevance to the powers of this place to be provided before the sittings end.
I see absolutely nothing strange about that request; but, from the Government's side, they have not even got around to preparing the brief and sending it off after a week. I could well understand Mr Jackson's clerk at first being somewhat incredulous if the Government were to ask for this advice to be provided urgently, because the clerk could say, "You say that you want it urgently, but it took you
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