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Legislative Assembly Hansard 1976

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Legislative Assembly Hansard 1976 Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 14 SEPTEMBER 1976 Electronic reproduction of original hardcopy 385 Sub Judice Matters (14 SEPTEMBER 1976] Sub Judice Matters (b) in the case of a civil case in TUESDAY, 14 SEPTEMBER 1976 courts of law, from the time that case has been set down for trial or otherwise brought before the court. Mr. SPEAKER (Hon. J. E. H. Houghton, The provisions shall cease to have Redcliffe) read prayers and took the chair effect when the verdict and sentence at 11 a.m. have been announced or judgment given, but shall again have effect when notice SUB JUDICE MATTERS of appeal is given until the appeal has been decided. STATEMENT BY MR. SPEAKER At the same time I feel that the matter Mr. SPEAKER: Honourable members will of the sub judice rule is one which could recall that last week the question of the properly be referred by the House to the application of the sub judice rule arose in Committee of Privileges for an in-depth connection with three unrelated matters. Since investigation, particularly as it affects the then I have given considerable thought to House's basic right to the privilege of freedom this question and have come to the conclusion of speech. that the procedure at present followed in the House of Commons could be adopted in this PAPERS Parliament with advantage. The following papers were laid on the As honourable members know, it has been table:- the custom for many years, when notification Proclamation under the Fire Safety Act has been received that legal proceedings have 1974-1976. been instituted concerning a matter, for any reference to that subject, either in debate Orders in Council under- or in question, to be disallowed. The original The State Electricity Commission Acts, intention of this so-called "sub judice rule" 1937 to 1965. appears to have been to avoid Parliament Factories and Shops Act 1960-1975. setting itself up as an alternative forum Harbours Act 1955-1976. to a court of law. The practice seems to have developed lately for writs to be taken Regulations under- out in some civil cases which might take Fire Brigades Act 1964-1976. months to be set down for hearing by the Apprenticeship Act 1964-1974. court or even not be brought before the Co-operative Housing Societies Act 1958- court at all. In the meantime, because of 1974. the sub judice rule, members are debarred Auctioneers and Agents Act 1971-1975. from referring to any aspect of the matter­ yet the news media are able to write or com­ ment on it at will. This to me is a ridiculous SUB JUDICE MATTERS but at the same time a serious situation­ CURRUMBIN BIRD SANCTUARY endeavouring to make Parliament a "tame cat". Hon. R. J. HINZE (South Coast-Minister For the time being then I propose to for Local Government and Main Roads) (11.8 a.m.): Mr. Speaker, in view of your a.dop~ a procedure similar to that now opera­ tmg m the House of Commons and in some ruling in this Chamber last week and again other Australian Parliaments. This is- this morning about writs and sub judice matters and in view of letters to the editor, That subject to the discretion of the articles such as "Trust the Trust" and the Chair- famous article by the Leader of the Opposi­ (1) matters awaiting or under adju­ tion in which he professed to know something dication in all courts exercising a about everything when in fact he knows a criminal jurisdiction shall not be referred lot about nothing, perhaps it would be in to in any motion, debate or question to the public interest if I were to make a a Minister; and ministerial statement, giv~ng some of the (2) matters awaiting or under facts about the take-over of the Currumbin adjudication in a civil court shall not Bird Sanctuary. Therefore, I seek leave be referred to in any motion, debate of the House to make a ministerial statement. or question to a Minister from the time Mr. SPEAKER: Order! I rule the Minister that the case has been set down for to be out of order. This matter is before the trial or otherwise brought before the court, having been set down for hearing this court, but such matters may be referred Friday. to before such date unless it appears to the Chair that there is a real and substantial danger of prejudice to the RAID ON HIPPIE COMMUNITY AT trial of the case. CEDAR BAY These provisions shall have effect- Mr. AIKENS (Townsville South) (11.9 (a) in the case of a criminal case in a.m.): I give notice that tomorrow I will courts of law, from the moment the law move- is set in motion by a charge being made; "In view of the serious allegations being and publicised and statements being made by a 13 386 Law Reform Commission, &c. [14 SEPTEMBER 19761 Questions Upon Notice section of the media and politically interes­ to amend the Law Reform Commission ted people, this House hold immediately Act 1968-1972 in certain particulars." a full and uninhibited debate on all aspects of what is known as the Cedar Bay drug Motion agreed to. affair, including the disgraceful exhibition in the Magistrates Court in Townsville"-- UNITED GRAND LODGE OF ANTIENT Mr. SPEAKER: Order! I must rule the FREE AND ACCEPTED MASONS honourable member's motion to be out of OF QUEENSLAND TRUSTEES ACT order. As this matter is of concern to AMENDMENT BILL all honourable members, before entering the Chamber I checked with the Police Depart­ INITIATION ment, which has advised that two criminal Hon. W. D. LICKISS (Mt. Coot-tha­ charges relating to this matter are to be heard Minister for Justice and Attorney-General): next Monday, 20 September, and two warrants I move- have been issued. Therefore, I must rule the motion to be out of order. "That leave be given to introduce a Bill to amend the United Grand Lodge of Mr. AIKENS: Mr. Speaker, because I hold Antient Free and Accepted Masons of you in high regard, I am reluctant to do Queensland Trustees Act of 1942 in cer­ this; however, I move- tain particulars; and that so much of the "That Mr. Speaker's ruling be disagreed Standing Orders relating to private Bills with." be suspended so as to enable the said Bill to be introduced and passed through all its Mr. SPEAKER: Order! I cannot accept stages as if it were a public Bill." that motion. Motion agreed to. PETITION AMENDMENT OF LIQUOR ACT QUESTIONS UPON NOTICE ~~· ELLIOIT (Cunningham) presented a 1. NuRSING HOME, WATERWORKS ROAD, petition from 17 6 electors of Queensland RED HILL praying that the Parliament of Queensland will amend the Liquor Act so as to allow Mr. Ahern for Mr. Young, pursuant to golf and bowls clubs to sell take-away notice, asked the Minister for Health- bottled liquor to their members. With reference to the proposed State Gov­ Petition read and received. ernment nursing home at Waterworks Road, Red Hill- ( 1) What is the present position with ELECTRICITY BILL this project? INITIATION (2) How many beds will be available? Hon. J. BJELKE-PETERSEN (Barambah­ (3) Will a number of beds be available Premier): I move- to the local residents? "That the House will, at its present sit­ ting, resolve itself into a Committee of ( 4) What other health services will be the Whole to consider introducing a Bill provided? to consolidat~ al!-d amend the law relating (5) When will it open to the public? to the orgamzation and regulation of the generation, transmission, distribution, supply and use of electricity in Queens­ Answer:- land and to matters of safety with respect {1 to 5) The honourable member will thereto; to amend the Public Service Act recall that in answer to his similar-type 1922-1973 in certain particulars and the question on 22 October 1975 I set out in City of Brisbane Act 1924--1974 in a cer­ considerable detail the proposals relating tain particular; and for connected to the establishment of a complex to purposes." accommodate intellectually handicapped Motion agreed to. infants requiring inpatient assessment and relief placement at Waterworks Road, Red Hill. LAW REFORM COMMISSION ACT AMENDMENT BILL This proposal is still in the planning stages. Whilst I did indicate in my earlier INITIATION answer that it was hoped that construction would commence early in the 1976-77 Hon. W. D. LICKISS (Mt. Coot-tha­ financial year, the specialist planning for Minister for Justice and Attorney-General): this complex has taken longer than orig­ I move- inally envisaged. I can assure the honour­ "That the House will, at its present sit­ able member that planning will continue ting, resolve itself into a Committee of and construction will commence as soon the Whole to consider introducing a Bill as adequate finance can be allocated. Questions Upon Notice [14 SEPTEMBER 1976] Questions Without Notice 387 2. KELVIN GROVE POLICE STATION (2) How much of this building has been leased to the Queensland Government Mr. Ahern for Mr. Young, pursuant to or its instrumentalities? notice, asked the Minister for Police- (3) What are these departments or (1) For what exact purpose is the Kel­ instrumentalities? vin Grove Police Station now being used? ( 4) How much office space is now (2) How many animals will be housed vacant in buildings in which the State there from time to time? Government, its instrumentalities, or the (3) How many police officers will be in S.G.I.O.
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