Page 349 - Week 02 - Tuesday, 1 March 1994
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That is a power which I would acknowledge, in the abstract, could be seen to be an extreme power; but it is an important one because there is the risk that somebody who loses a case gets a grudge against the judge and tries to drag the judge through the mud. It is certainly a power which I will exercise with the greatest degree of care.
I would expect that this legislation, to the extent that decisions are being made, may well prove to be a piece of legislation where it may be useful to establish some traditions; the Attorney of the day may have some discussions with the person in the Opposition with responsibility for law and justice matters so that the Opposition is across what is going on. I would certainly be happy to consult with my opposite number, whoever that may be, from time to time to give advice as to how we are going in exercising these sorts of discretions.
This is an important piece of legislation. I am very pleased that it has the support of the Opposition and the Independents here tonight. I am even more pleased that from day one, when we sought the resolution of the Assembly to entrench the judiciary in the self-government Act and when we announced that we would go down the path of a Judicial Commissions Bill, it has been handled in a bipartisan manner. We avoided the temptation to play politics with that very sensitive interrelationship between this Assembly, as a legislative body, the role of the executive government in carrying out the ordinary day-to-day affairs of the Territory, and the role of the judiciary. I think it is something we can all take some pleasure in.
I think it may be appropriate that we speak to the various amendments as we go through the Bill, because there are some issues of some significance. I was able to sit down this evening and discuss those with both Ms Szuty and Mr Humphries, and we again have an agreed set of amendments, one of which is a quite significant matter of principle. Again I thank members, not just for their support tonight but also for the way we have handled a very important piece of legislation.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 to 21, by leave, taken together
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (8.49), by leave: I move:
Clause 14, page 7, line 5, paragraph (3)(b), omit "7", substitute "5".
Clause 19, page 8, line 38, paragraph (2)(b), omit "15", substitute "5".
This arose from some discussions that Ms Szuty and Mr Humphries had with me earlier this evening. Those discussions related to the time periods which apply under this Act for various matters to flow. The first one really fetters the ability of a member to go straight after a judge, if I can put it so bluntly. It fetters members' abilities to raise issues of concern, of allegations about a judge. If a citizen has come to a member with allegations surrounding a judge, the member should go to the Attorney of the day and give the executive government
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