Page 2947 - Week 11 - Thursday, 22 October 1992
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MR KAINE (Leader of the Opposition) (5.09): Madam Speaker, I have only the document that I tabled. I do not have any other parts. I cannot table what I do not have.
Mr Connolly: You do not have it here, or you do not have it up there?
MR KAINE: I do not have it, period, Minister. I do not deceive this parliament. I do not have any part of the document other than the page that I tabled. I cannot produce what I do not have.
MR MOORE (5.09): Madam Speaker, on the word of Mr Kaine, which I have never been in a position to question, that he does not have that document, there is no point in proceeding with the motion. Therefore, I seek leave to withdraw the motion.
Leave granted.
Motion withdrawn.
LEGAL AID COMMISSION RESOURCES
Discussion of Matter of Public Importance
MADAM SPEAKER: I have received a letter from Mr Moore proposing that a matter of public importance be submitted to the Assembly for discussion, namely:
The lack of resources suffered by the Legal Aid Commission resulting in an increasing number of people in our community facing the courts without representation.
MR MOORE (5.11): For most people, going into a court is an alien and frightening experience. To prepare a case to defend oneself is full of mysteries associated with subpoenas, discoveries, affidavits, precedents and an array of rules of evidence and other rules prior to even standing in front of a judge or a magistrate. Madam Speaker, I am aware of an unemployed child-care worker who, in two weeks' time, will be facing the Supreme Court and a lawyer for the prosecution representing the Australian Federal Police, with absolutely no representation for himself. He has been charged with assault - a very serious charge which may result or could result in a sentence and a subsequent loss of livelihood. Who wants to employ a male child-care worker with an assault conviction? Madam Speaker, rather than getting into an area that may well touch on the sub judice rule, I will not continue with that particular example any further - - -
Mr Connolly: I will give the real facts of that matter.
MR MOORE: I will not continue, other than to say that the ground on which this person was refused legal aid was that a sentence was unlikely and that the loss of livelihood was also unlikely. This assessment was based on precedents of outcomes for those with no prior convictions. The assessment may or may not be correct, but this person faces a very real chance of a conviction of assault - otherwise he would not be going to court - being recorded against him, which I doubt will enhance his chances of employment in a child-care field in the future.
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