Page 2193 - Week 07 - Thursday, 17 June 1993

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MADAM SPEAKER, THIS BILL AND THE RELATED ACTS REVISION (POSITION OF CROWN) BILL DEAL WITH THE IMPORTANT ISSUE OF WHETHER THE CROWN SHOULD BE BOUND BY STATUTE LAW IN THE SAME WAY AS A CITIZEN.

"THE CROWN" IS A TERM REPRESENTING THE EXECUTIVE BRANCH OF GOVERNMENT. IF A BODY COMES WITHIN THE SHIELD OF THE CROWN THEN THAT BODY WILL HAVE THE PROTECTION OF CROWN IMMUNITY . WITHIN THE SHIELD OF THE CROWN ARE DEPARTMENTS OF GOVERNMENT HEADED BY MINISTERS - THE MINISTERS BEING THE LINK TO THE CROWN. IF A MINISTER HAS A DEGREE OF CONTROL OVER A PUBLIC BODY OR AUTHORITY, THEN THAT BODY MAY ALSO COME WITHIN THE SHIELD OF THE CROWN. NATURALLY, THE MORE REMOVED FROM A MINISTERS CONTROL THE LESS LIKELY A BODY WILL COME WITHIN THE SHIELD OF THE CROWN.

BINDING THE CROWN TO A STATUTE IS A DIFFICULT CONSTITUTIONAL CONCEPT. FOR HISTORICAL REASONS, THE COURTS HAVE DEVELOPED A COMMON LAW RULE OF INTERPRETATION TO DETERMINE IN ANY SPECIFIC CASE WHETHER THE CROWN IS OBLIGED TO ACT IN ACCORDANCE WITH LEGISLATION. THAT COMMON LAW RULE STILL APPLIES IN THE ACT. IN ESSENCE, THE CROWN IS PRESUMED NOT TO BE BOUND BY LEGISLATION UNLESS THERE IS A SPECIFIC STATUTORY PROVISION TO THE CONTRARY OR TT CAN BE IMPLIED THAT THE CROWN IS BOUND BY THE LEGISLATION.

THIS COMMON LAW RULE 1S QUITE VAGUE AND HAS BEEN

INTERPRETED QUITE DIFRENTLY BY DIFFERENT JUDGES. BEFORE

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