DOCSLIB.ORG

12 March 1986 ASSEMBLY 63

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

VICTORIA PARLIAMENTARY DEBATES (HANSARD) FIFTIETH PARLIAMENT AUTUMN SESSION 1986 Legislati ve Assembly VOL. CCCLXXXI [Prom March 11, 1986, to April 10, 1986J MELBOURNE: F. D. ATKINSON, GOVERNMENT PRINTER The Governor His Excellency the Reverend DR JOHN DA VIS MCCAUGHEY The Lieutenant-Governor The Honourable SIR JOHN McINTOSH YOUNG, KCMG The Ministry Premier The Hon. John Cain, MP Deputy Premier, and Minister for Industry, Technology and Resources The Hon. R. C. Fordham, MP Minister for Agriculture and Rural Affairs The Hon. E. H. Walker, MLC Minister for Health The Hon. D. R. White, MLC Minister for Education The Hon. I. R. Cathie, MP *Minister for Employment and Industrial Affairs The Hon. S. M. Crabb, MP Minister for Community Services The Hon. C. J. Hogg, MLC Treasurer The Hon. R. A. Jolly, MP Attorney-General, and Minister for Planning and Environment The Hon. J. H. Kennan, MLC Minister for Conservation, Forests and Lands The Hon. J. E. Kimer, MLC Minister for the Arts, and Minister for Police and Emergency Services The Hon. C. R. T. Mathews, MP Minister for Water Resources, and Minister for Property and Services The Hon. Andrew McCutcheon, MP Minister for Transport The Hon. T. W. Roper, MP Minister for Local Government .. The Hon. J. L. Simmonds, MP Minister for Consumer Affairs, and Minister for Ethnic Affairs The Hon. P. C. Spyker, MP Minister for Sport and Recreation The Hon. N. B. Trezise, MP **Minister for Public Works, and Minister Assisting the Minister for Employment and Industrial Affairs .. The Hon. R. W. Walsh, MP Minister for Housing The Hon. F. N. Wilkes, MP Parliamentary Secretary of the Cabinet Dr K. A. Coghill, MP From 8 April 1986- * Portfolio changed to Minister for Labour. ** Second portfolio changed to Minister Assisting the Minister for Labour. Members of the Legislative Assembly FIFTIETH PARLIAMENT-FIRST SESSION MEMBER DISTRICT MEMBER DISTRICT I. Andrianopoulos, Alex St Albans 45. McGrath, W. D. Lowan 2. Austin. T. L. Ripon 46. McNamara P. J. Benalla 3. Brown, A. J. Gippsland West 47. Maclellan, R. R. C. Berwick 4. Cain, John Bundoora 48. Mathews, C. R. T. Oakleigh 5. Callister, Miss V. J. Morwell 49. Micallef, E. J. Springvale 6. Cathie, I. R. Carrum 50. Norris, T. R. Dandenong 7. Coghill, Dr K. A. Werribee 51. Perrin, D. J. Bulleen 8. Coleman, C. G. Syndal 52. Pescott, Roger Bennettswood 9. Cooper, R. F. Mornington 53. Plowman, S. J. Evelyn 10. Crabb, S. M. Knox 54. Pope, N. A. Monbulk 11. Crozier, D. G. Portland 55. Ramsay, J. H. Balwyn 12. Culpin, J. A. Broadmeadows 56. Ray, Mrs M. E. Box Hill 13. Cunningham, D. J. Derrimut 57. Remington, K. H. Melbourne 14. Delzoppo, J. E. Narracan 58. Reynolds, T. C. Gisborne 15. Dickinson. H. R. South Barwon 59. Richardson, J. I. Forest Hill 16. Edmunds, C. T. Pascoe Vale 60. Roper, T. W. Brunswick 17. Ernst, G. K. Bellarine 61. Ross-Edwards, Peter Shepparton 18. Evans, A. T. Ballarat North 62. Rowe, B. J. Essendon 19. Evans, B. J. Gippsland East 63. Seitz, George Keilor 20. Fogarty, W. F. Sunshine 64. Setches, Mrs K. P. Ringwood 21. Fordham, R. C. Footscray 65. Sheehan. F. P. Ballarat South 22. Gavin, P. M. Coburg 66. Shell, H. K. Geelong 23. Gleeson. Mrs E. S. Thomastown 67. Sibree, Ms P. A. Kew 24. Gude, P. A. Hawthorn 68. Sidiropoulos, Theodore . Richmond 25. Hann, E. J. Rodney 69. Simmonds, J. L. Reservoir 26. Harrowfield, J. D. Mitcham 70. Simpson, J. H. Niddrie 27. Hayward. D. K. Prahran 71. Smith. E. R. Glen Waverley 28. Heffernan, V. P. Ivanhoe 72. Smith. L W. Polwarth 29. Hill, Mrs J. M. Frankston North 73. Spyker, P. C. Mentone 30. Hill, L. J. Warrandyte 74. Steggall, B. E. H. Swan Hill 31. Hirsh, Mrs C. D. Wantirna 75. Stirling, G. F. Williamstown 32. Hockley. G. S. Bentleigh 76. Stockdale, A. R. Brighton 33. Jasper. K. S. Murray Valley 77. Tanner, E. M. P. Caulfield 34. John, Michael Bendigo East 78. Toner, Mrs P. T. Greensborough 35. Jolly, R. A. Doveton 79. Trezise, N. B. Geelong North 36. Kennedy, A. D. Bendigo West 80. Vaughan. Dr G. M. Clayton 37. Kennett, J. G. Burwood 81. Wallace, T. W. Gippsland South 38. Kirkwood, C. W. D. Preston 82. Walsh. R. W. Albert Park 39. Lea, D. J. Sandringham 83. Weideman, G. G. Frankston South 40. Leigh, G. G. Malvern 84. Wells, Dr R. J. H. Dromana 41. Lieberman, L. S. Benambra 85. Whiting, M. S. Mildura 42. McCutcheon, Andrew St Kilda 86. Wilkes, F. N. Northcote 43. McDonald. M. J. Whittlesea 87. Williams, M. T. Doncaster 44. McGrath, J. F. Warrnambool 8R. Wilson, Mrs J. T. C. Dandenong North Speaker: THf. HON. C. T. EDMUNDS Chairman of Committees: MR W. F. FOGARTY Temporary Chairmen of Committees: Miss Callistcr. Mr Delzoppo. Mr Ernst, Mr B. J. Evans, Mr Harrowfield, Mr Hockley, Mr Jasper. Mr Kirkwood. Mr Plowman, Mrs Ray, Mr Remington, Mr Richardson, Ms Sibree, Mr Stirling. Dr Vaughan and Mr Whiting. Leader of the Labor Party and Premier: THE HON. JOHN CAIN Deputy Leader of the Labor Party and Deputy Premier: THE HON. R. C. FORDHAM Leader of the Parliamentary Liberal Party and Leader of the Opposition: THE HON. J. G. KENNETT Deputy Leader of the Parliamentary Liberal Party and Deputy Leader of the Opposition: THE HON. T. L. AUSTIN Leader of the National Party: MR PETER Ross-EDWARDS Deputy Leader of the National Party: MR E. J. HANN Heads of Parliamentary Departments Council-Oerk of the Parliaments and Clerk of the Legislative Council: Mr R. K. Evans Assembly-Clerk of the Legislative Assembly: Mr R. K. Boyes Ha nsard-Ch ief Reporter: Mr L. C. Jobns Library-Librarian: Mr B. J. Davidson House-Secretary: Mr R. M. Duguid Death ojSir Henry Arthur Winneke 11 March 1986 ASSEMBLY Tuesday, 11 March 1986 The SPEAKER (the Hon. C. T. Edmunds) took the chair at 2.6 p.m. and read the prayer. DEATH OF THE HONOURABLE SIR HENRY ARTHUR WINNEKE, AC, KCMG, KCVO, OBE, KStJ, QC Mr CAIN (Premier)-I move: That this House expresses its sincere sorrow at the death of the Honourable Sir Arthur Henry Winneke, AC, KCMG, KCVO, OBE, KStJ, QC, and places on record its acknowledgement ofthe valuable services rendered by him to the people of Victoria as Governor of Victoria from 1974-82, Chief Justice of the Supreme Court from 1964-74 and as holder of other senior public offices. Sir Henry Winneke, who died on 28 December 1985, will, I believe, take his place in the history of the State as one of Victoria's most celebrated citizens. He was one of the truly great Victorians. Over a period of some 33 years he served the State with great distinction in a wide variety of activities and in quite diverse roles. He was born in 1908 in North Fitzroy, educated at Ballarat Grammar School, Scotch College and the University of Melbourne, where he graduated in law with first-class honours. Sir Henry practised law in the 1930s-those years when lawyers say there were no briefs around-and then went on to serve his country in the second world war in the Royal Australian Air Force from 1941 to the end of the war with the rank of Group Captain and he occupied the important and highly sensitive post of Director of Personal Services. Sir Henry returned to the law and, like so many of those who lost some valuable years of their early legal careers because of the war, his practice grew rapidly and it expanded into quite diverse fields. In 1949 he was appointed to the then newly created position of senior counsel to the Attorney-General and, two years later, under the Government of Sir William McDonald, by a special Act of this Parliament, he became the State's first non­ Ministerial Solicitor-General. The post of Solicitor-General and Attorney-General was divided and the Solicitor-General became non-Parliamentarian. Sir Henry occupied the post of Solicitor-General until his appointment as Chief Justice of Victoria in 1964. During his years as Solicitor-General Sir Henry worked in close collaboration and earned the confidence, support and trust of each of the Governments that represented the political parties of the day: firstly, a Country Party Government, then a Labor Party Government and later a Liberal Party Government. During those years he was involved in the achievement of a considerable number of very important reforms in the law and the administration ofjustice. Those reforms included probation and parole, which were introduced into our system in the years when Sir Henry occupied that post, and the acknowledgement that women should serve on our juries properly to reflect community attitudes and community responses in our system of jury trials. He was involved in those years when the County Court jurisdiction was extended considerably to pick up a wide range of matters that previously were dealt with exclusively in the Supreme Court. In addition to all of those reforms, as Solicitor-General he led the case for the Crown in a large number of notable criminal trials. It was his custom in important trials to show the flag for the Crown and he was the Queen's Counsel who led the Crown case in many of those trials. I remember in my early days in the law being an articled clerk instructing counsel who was defending one of those persons charged with a serious capital offence at Geelong. I spent a week in that trial and, as a very young lawyer, I got to know Sir Henry Winneke very well during that time.
Recommended publications
  • St John History Volume 20 Iii Order Librarian

    St John History Volume 20 Iii Order Librarian

    St John History THE JOURNAL OF THE ST JOHN AMBULANCE HISTORICAL SOCIETY OF AUSTRALIA VOLUME 20, 2020 ISSN 1445-7490 ‘Preserving and promoting the St John heritage’ St John History is the annual journal of the Historical Society, and is provided free to all financial members of the Society. Correspondence about articles in the journal should be directed to the Journal Editor, Matthew Glozier, [email protected]. Volumes 1–20 of St John History are available online at the St John Ambulance Australia national website: stjohn.org.au/about (click on ‘History’). Information about the Historical Society may be obtained from the Executive Officers: President David Fahey — [email protected] Secretary James Cheshire —[email protected] Deputy Secretary Edith Khangure — [email protected] Treasurer Paul Copeland — [email protected] Deputy Treasurer Bob Devere — [email protected] Journal Editor Matthew Glozier — [email protected] Membership Queries about membership to the Historical Society should be sent to respective State/Territory History Membership Officers: Overseas and Australian Capital Territory South Australia Ian Howie-Willis Dr Brian Fotheringham [email protected] Chair, St John Historical Society of SA [email protected] New South Wales Matthew Glozier Tasmania [email protected] Ms Roxy Cowie [email protected] Northern Territory Dawn Bat Victoria Historical Society Membership Secretary Allan Mawdsley [email protected] Hon. Secretary, St John Museum [email protected] Queensland Bob Devere Western Australia Chair, History and Heritage Committee Edith Khangure [email protected] Librarian and Archivist [email protected] St John Ambulance Australia Inc.
  • Retirement of Commander the Honourable John Winneke AC RFD RANR

    Retirement of Commander the Honourable John Winneke AC RFD RANR

    VICTORIAN BAR NEWS No. 133 ISSN 0159-3285 WINTER 2005 Retirement of Commander The Honourable John Winneke AC RFD RANR Legal Profession Act 2004 Disclosure Requirements and Cost Agreements Under the Legal Profession Act 2004 Farewell Anna Whitney Obituaries: James Anthony Logan, Carl Price and Brian Thomson QC Junior Silk’s Bar Dinner Speech Reply on Behalf of the Honoured Guests to the Speech of Mr Junior Silk The Thin End of the Wedge Opening of the Refurbished Owen Dixon Chambers East The Revolution of 1952 — Or the Origins of ODC Of Stuff and Silk Peter Rosenberg Congratulates the Prince on His Marriage The Ways of a Jury Bar Legal Assistance Committee A Much Speaking Judge is like an Ill-tuned Cymbal March 1985 Readers’ Group 20th Anniversary Dinner Aboriginal Law Students Mentoring Committee Court Network’s 25th Anniversary Au Revoir, Hartog Modern Future for Victoria’s Historic Legal Precinct Preparation for Mediation: Playing the Devil’s Advocate Is It ’Cos I Is Black (Or Is It ’Cos I Is Well Fit For It)? What you do with the time you’ll save is your business Find it fast with our new online legal information service With its speed and up-to-date information, no wonder so With a range of packages to choose from, you can many legal professionals are subscribing to LexisNexis AU, customise the service precisely to the needs of your practice. our new online legal information service. You can choose And you’ll love our approach to online searching – we’ve from over 100 works, spanning 16 areas of the law – plus made it incredibly easy to use, with advanced emailing and reference and research works including CaseBase, Australian printing capabilities.
  • Annual Report

    Annual Report

    ANNUAL REPORT Report on the proceedings of the University for the year ended 31 December 1973. His Excellency, The Hon. Sir Henry Winneke, K.C.M.G., O.B.E., Q.C., Governor of Victoria. Your Excellency, The Council of the University of Melbourne has the honour, in accordance with Section 46 of the University Act 1958, to present the first part of its report on the proceedings of the University during the year 1973. In addition to a general account of University activities Part One of the Annual Report includes a statement of income and expenditure in respect of the General Fund as submitted for audit. Part Two of the Annual Report, which will be issued later, will be the audited financial statements. I have the honour to be. Sir, Your Excellency's most obedient servant, LEONARD WEICKHARDT Chancellor INTRODUCTION The year 1973 was a strenuous one for universities generally and for the University of Melbourne in particular. It was the first year of the 1973-75 financial Triennium, the year in which plans and submissions for the 1976- 78 Triennium had to be prepared, and the year in which the Federal Government developed new policies, inter alia, for the financial support of universities and their students as well as for other areas of national concern. As the first year of the new triennium after the acceptance by Commonwealth and State Governments of the recommendations made in the Australian Universities Commission's Fifth Report, it was a year of revived hopes and some excitement after many years of frustrations and forced economies.
  • Farewell Chief Justice Phillips

    Farewell Chief Justice Phillips

    VICTORIAN BAR NEWS No. 127 ISSN 0159-3285 SUMMER 2003 Farewell Chief Justice Phillips Welcome: Marilyn Warren, Chief Justice of Victoria Farewell: Chief Justice Phillips Obituary: Robert Chisholm Webster 100th Anniversary of the High Court of Australia The High Court and the Death Penalty: Looking Back, Looking Forward Deciding to Kill: Jurors in Capital Trials Australian Detainees at Guantanamo Bay: Legal Twilight Zone or Black Hole? Appointment of Senior Counsel Brian Bourke Talks About 50 Years in the Law First Tenants Move Into Refurbished ODC East The Victorian Bar and its Control of the Defence Force Legal System Criminal Bar Association Dinner Irish Australian Legal Links The Society Murders Book Launch Give the Barrister a Chance “Bar None” Wins 4-3 Over LIV at State Hockey Centre your indispensible guide to Equity Restitution & Fraud DR JOHN GLOVER BA, LLB (MELB), BCL (OXON), PHD (MON) New Book! Equity, Restitution & Fraud provides a comprehensive coverage of restitutionary and proprietary remedies. This well written book traverses the boundaries between equity and remedies focusing on their strong interrelationship, and provides a scholarly analysis of the rationales and policy behind the restitutionary aspects pertaining to fraud. Issues that are discussed include the pre-eminent actions for breach of a fiduciary relationship, unconscionability and breaches of confidence, which allow the remedial benefits of equity to intervene and mediate the rigours of the common law. Equity, Restitution & Fraud provides in depth analysis, allowing more precise and structured arguments in court. This book will also no doubt become an essential text for students studying in the area of equity.