Page 5269 - Week 16 - Thursday, 28 November 1991
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Subclause (4) says:
... a natural person is not entitled to be represented at a conference by another person ...
I would ask: Why is it that the right of every individual in Australia, when they are accused of unlawful activities, to have legal representation is removed by this particular Bill?
Dr Kinloch: Except with the consent of the commissioner.
MR STEVENSON: What I said was the right. Where you give someone else the discretion, that is no longer a right. Once you hand over to governments, to politicians, the power to declare rights, at that time you have lost the right. The government or the commissioner, in this case, then has the right to grant you the right to legal representation or to withhold that; so, it cannot be a right.
Dr Kinloch: This is not a court; it is conciliation.
MR STEVENSON: Dr Hector Kinloch says that it is not a court; it is conciliation. Yet we have very high fines, up to, I think, $25,000 under this Bill, and also imprisonment. So, although within the Bill it is called a court, interestingly enough, under the definition, whilst people may suggest that it is not a court even though they call it a court it certainly has powers far in excess of any court in Australia.
Ms Follett: What a load of rubbish!
MR STEVENSON: The Chief Minister says, "What a load of rubbish!". I have just said that this Bill gives the commissioner powers that no court has in Australia. Where in Australia does the court have the right to deny legal representation to someone who has been charged with offences, someone who has been charged with unlawful activities? Where in Australia has a court the right to deny - - -
Mr Connolly: In every other State and under the Commonwealth Act. Everywhere.
MR STEVENSON: You are talking about similar Acts. I said "courts".
Mr Connolly: This is not a court.
Mr Wood: Why not admit that you do not know what you are on about?
MR DEPUTY SPEAKER: Order, members! Let us not have a discussion among ourselves.
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