DOCSLIB.ORG

House of Representatives Official Hansard No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
House of Representatives Official Hansard No COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES House of Representatives Official Hansard No. 19, 2005 Thursday, 10 November 2005 FORTY-FIRST PARLIAMENT FIRST SESSION—FOURTH PERIOD BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES INTERNET The Votes and Proceedings for the House of Representatives are available at http://www.aph.gov.au/house/info/votes Proof and Official Hansards for the House of Representatives, the Senate and committee hearings are available at http://www.aph.gov.au/hansard For searching purposes use http://parlinfoweb.aph.gov.au SITTING DAYS—2005 Month Date February 8, 9, 10, 14, 15, 16, 17 March 7, 8, 9, 10, 14, 15, 16, 17 May 10, 11, 12, 23, 24, 25, 26, 30, 31 June 1, 2, 14, 15, 16, 20, 21, 22, 23 August 9, 10, 11, 16, 17, 18 September 5, 6, 7, 8, 12, 13, 14, 15 October 10, 11, 12, 13, 31 November 1, 2, 3, 7, 8, 9, 10, 28, 29, 30 December 1, 5, 6, 7, 8 RADIO BROADCASTS Broadcasts of proceedings of the Parliament can be heard on the following Parliamentary and News Net- work radio stations, in the areas identified. CANBERRA 103.9FM SYDNEY 630 AM NEWCASTLE 1458 AM GOSFORD 98.1 FM BRISBANE 936 AM GOLD COAST 95.7 FM MELBOURNE 1026 AM ADELAIDE 972 AM PERTH 585 AM HOBART 747 AM NORTHERN TASMANIA 92.5 FM DARWIN 102.5 FM FORTY-FIRST PARLIAMENT FIRST SESSION—FOURTH PERIOD Governor-General His Excellency Major-General Michael Jeffery, Companion in the Order of Australia, Com- mander of the Royal Victorian Order, Military Cross House of Representatives Officeholders Speaker—The Hon. David Peter Maxwell Hawker MP Deputy Speaker—The Hon. Ian Raymond Causley MP Second Deputy Speaker—Mr Henry Alfred Jenkins MP Members of the Speaker’s Panel—The Hon. Dick Godfrey Harry Adams, Mr Robert Charles Baldwin, the Hon. Bronwyn Kathleen Bishop, Mr Michael John Hatton, Mr Peter John Lind- say, Mr Robert Francis McMullan, Mr Harry Vernon Quick, the Hon. Bruce Craig Scott, the Hon. Alexander Michael Somlyay, Mr Kim William Wilkie Leader of the House—The Hon. Anthony John Abbott MP Deputy Leader of the House—The Hon. Peter John McGauran MP Manager of Opposition Business—Ms Julia Eileen Gillard MP Deputy Manager of Opposition Business—Mr Anthony Norman Albanese MP Party Leaders and Whips Liberal Party of Australia Leader—The Hon. John Winston Howard MP Deputy Leader—The Hon. Peter Howard Costello MP Chief Government Whip—Mr Kerry Joseph Bartlett MP Government Whips—Mrs Joanna Gash MP and Mr Fergus Stewart McArthur MP The Nationals Leader—The Hon. Mark Anthony James Vaile MP Deputy Leader—The Hon. Warren Errol Truss MP Chief Whip—Mr John Alexander Forrest MP Whip—Mr Paul Christopher Neville MP Australian Labor Party Leader—The Hon. Kim Christian Beazley MP Deputy Leader—Ms Jennifer Louise Macklin MP Chief Opposition Whip—The Hon. Leo Roger Spurway Price MP Opposition Whips—Mr Michael David Danby MP and Ms Jill Griffiths Hall MP Printed by authority of the House of Representatives i Members of the House of Representatives Member Division Party Abbott, Hon. Anthony John Warringah, NSW LP Adams, Hon. Dick Godfrey Harry Lyons, TAS ALP Albanese, Anthony Norman Grayndler, NSW ALP Anderson, Hon. John Duncan Gwydir, NSW Nats Andren, Peter James Calare, NSW Ind Andrews, Hon. Kevin James Menzies, VIC LP Bailey, Hon. Frances Esther McEwen, VIC LP Baird, Hon. Bruce George Cook, NSW LP Baker, Mark Horden Braddon, TAS LP Baldwin, Robert Charles Paterson, NSW LP Barresi, Phillip Anthony Deakin, VIC LP Bartlett, Kerry Joseph Macquarie, NSW LP Beazley, Hon. Kim Christian Brand, WA ALP Bevis, Hon. Archibald Ronald Brisbane, QLD ALP Billson, Hon. Bruce Fredrick Dunkley, VIC LP Bird, Sharon Cunningham, NSW ALP Bishop, Hon. Bronwyn Kathleen Mackellar, NSW LP Bishop, Hon. Julie Isabel Curtin, WA LP Bowen, Christopher Eyles Prospect, NSW ALP Broadbent, Russell Evan McMillan, VIC LP Brough, Hon. Malcolm Thomas Longman, QLD LP Burke, Anna Elizabeth Chisholm, VIC ALP Burke, Anthony Stephen Watson, NSW ALP Byrne, Anthony Michael Holt, VIC ALP Cadman, Hon. Alan Glyndwr Mitchell, NSW LP Causley, Hon. Ian Raymond Page, NSW Nats Ciobo, Steven Michele Moncrieff, Qld LP Cobb, Hon. John Kenneth Parkes, NSW Nats Corcoran, Ann Kathleen Isaacs, VIC ALP Costello, Hon. Peter Howard Higgins, Vic LP Crean, Hon. Simon Findlay Hotham, Vic ALP Danby, Michael Melbourne Ports, Vic ALP Downer, Hon. Alexander John Gosse Mayo, SA LP Draper, Patricia Makin, SA LP Dutton, Hon. Peter Craig Dickson, Qld LP Edwards, Hon. Graham John Cowan, WA ALP Elliot, Maria Justine Richmond, NSW ALP Ellis, Annette Louise Canberra, ACT ALP Ellis, Katherine Margaret Adelaide, SA ALP Elson, Kay Selma Forde, QLD LP Emerson, Craig Anthony Rankin, Qld ALP Entsch, Hon. Warren George Leichhardt, NSW LP Farmer, Hon. Patrick Francis Macarthur, NSW LP Fawcett, David Julian Wakefield, SA LP Ferguson, Laurence Donald Thomas Reid, NSW ALP Ferguson, Martin John, AM Batman, Vic ALP Ferguson, Michael Darrel Bass, TAS LP ii Members of the House of Representatives Member Division Party Fitzgibbon, Joel Andrew Hunter, NSW ALP Forrest, John Alexander Mallee, VIC Nats Gambaro, Hon. Teresa Petrie, QLD LP Garrett, Peter Robert, AM Kingsford Smith, NSW ALP Gash, Joanna Gilmore, NSW LP Georganas, Steven Hindmarsh, SA ALP George, Jennie Throsby, NSW ALP Georgiou, Petro Kooyong, Vic LP Gibbons, Stephen William Bendigo, Vic ALP Gillard, Julia Eileen Lalor, Vic ALP Grierson, Sharon Joy Newcastle, NSW ALP Griffin, Alan Peter Bruce, Vic ALP Haase, Barry Wayne Kalgoorlie, WA LP Hall, Jill Griffiths Shortland, NSW ALP Hardgrave, Hon. Gary Douglas Moreton, Qld LP Hartsuyker, Luke Cowper, NSW Nats Hatton, Michael John Blaxland, NSW ALP Hawker, David Peter Maxwell Wannon, Vic LP Hayes, Christopher Patrick Werriwa, NSW ALP Henry, Stuart Hasluck, WA LP Hoare, Kelly Joy Charlton, NSW ALP Hockey, Hon. Joseph Benedict North Sydney, NSW LP Howard, Hon. John Winston Bennelong, NSW LP Hull, Kay Elizabeth Riverina, NSW Nats Hunt, Hon. Gregory Andrew Flinders, Vic LP Irwin, Julia Claire Fowler, NSW ALP Jenkins, Harry Alfred Scullin, Vic ALP Jensen, Dennis Geoffrey Tangney, WA LP Johnson, Michael Andrew Ryan, Qld LP Jull, Hon. David Francis Fadden, Qld LP Katter, Hon. Robert Carl Kennedy, Qld Ind Keenan, Michael Fayat Stirling, WA LP Kelly, Hon. De-Anne Margaret Dawson, Qld Nats Kelly, Hon. Jacqueline Marie Lindsay, NSW LP Kerr, Hon. Duncan James Colquhoun, SC Denison, Tas ALP King, Catherine Fiona Ballarat, Vic ALP Laming, Andrew Charles Bowman, Qld LP Lawrence, Hon. Carmen Mary Fremantle, WA ALP Ley, Hon. Sussan Penelope Farrer, NSW LP Lindsay, Peter John Herbert, Qld LP Livermore, Kirsten Fiona Capricornia, Qld ALP Lloyd, Hon. James Eric Robertson, NSW LP Macfarlane, Hon. Ian Elgin Groom, Qld LP Macklin, Jennifer Louise Jagajaga, Vic ALP Markus, Louise Elizabeth Greenway, NSW LP May, Margaret Ann McPherson, Qld LP McArthur, Fergus Stewart Corangamite, Vic LP McClelland, Robert Bruce Barton, NSW ALP iii Members of the House of Representatives Member Division Party McGauran, Hon. Peter John Gippsland, Vic Nats McMullan, Robert Francis Fraser, ACT ALP Melham, Daryl Banks, NSW ALP Moylan, Hon. Judith Eleanor Pearce, WA LP Murphy, John Paul Lowe, NSW ALP Nairn, Hon. Gary Roy Eden-Monaro, NSW LP Nelson, Hon. Brendan John Bradfield, NSW LP Neville, Paul Christopher Hinkler, Qld Nats O’Connor, Brendan Patrick John Gorton, Vic ALP O’Connor, Gavan Michael Corio, Vic ALP Owens, Julie Ann Parramatta, NSW ALP Panopoulos, Sophie Indi, Vic LP Pearce, Hon. Christopher John Aston, Vic LP Plibersek, Tanya Joan Sydney, NSW ALP Price, Hon. Leo Roger Spurway Chifley, NSW ALP Prosser, Hon. Geoffrey Daniel Forrest, WA LP Pyne, Hon. Christopher Maurice Sturt, SA LP Quick, Harry Vernon Franklin, Tas ALP Randall, Don James Canning, WA LP Richardson, Kym Kingston, SA LP Ripoll, Bernard Fernando Oxley, Qld ALP Robb, Andrew John Goldstein, Vic LP Roxon, Nicola Louise Gellibrand, Vic ALP Rudd, Kevin Michael Griffith, Qld ALP Ruddock, Hon. Philip Maxwell Berowra, NSW LP Sawford, Rodney Weston Port Adelaide, SA ALP Schultz, Albert John Hume, NSW LP Scott, Hon. Bruce Craig Maranoa, Qld Nats Secker, Patrick Damien Barker, SA LP Sercombe, Robert Charles Grant Maribyrnong, Vic ALP Slipper, Hon. Peter Neil Fisher, Qld LP Smith, Anthony David Hawthorn Casey, Vic LP Smith, Stephen Francis Perth, WA ALP Snowdon, Hon. Warren Edward Lingiari, NT ALP Somlyay, Hon. Alexander Michael Fairfax, Qld LP Southcott, Andrew John Boothby, SA LP Stone, Hon. Sharman Nancy Murray, Vic LP Swan, Wayne Maxwell Lilley, Qld ALP Tanner, Lindsay James Melbourne, Vic ALP Thompson, Cameron Paul Blair, QLD LP Thomson, Kelvin John Wills, Vic ALP Ticehurst, Kenneth Vincent Dobell, NSW LP Tollner, David William Solomon, NT CLP Truss, Hon. Warren Errol Wide Bay, QLD Nats Tuckey, Hon. Charles Wilson O’Connor, WA LP Turnbull, Malcolm Bligh Wentworth, NSW LP Vaile, Hon. Mark Anthony James Lyne, NSW Nats Vale, Hon. Danna Sue Hughes, NSW LP iv Members of the House of Representatives Member Division Party Vamvakinou, Maria Calwell, VIC ALP Vasta, Ross Xavier Bonner, QLD LP Wakelin, Barry Hugh Grey, SA LP Washer, Malcolm James Moore, WA LP Wilkie, Kim William Swan, WA ALP Windsor, Antony Harold Curties New England, NSW Ind Wood, Jason Peter La Trobe, VIC LP PARTY ABBREVIATIONS ALP—Australian Labor Party; LP—Liberal Party of Australia; Nats—The Nationals; Ind—Independent; CLP—Country Liberal Party; AG—Australian Greens Heads of Parliamentary Departments Clerk of the Senate—H Evans Clerk of the House of Representatives—I C Harris Secretary, Department of Parliamentary Services—H R Penfold QC v HOWARD MINISTRY Prime Minister The Hon. John Winston Howard MP Minister for Trade and Deputy Prime Minister The Hon. Mark Anthony James Vaile MP Treasurer The Hon. Peter Howard Costello MP Minister for Transport and Regional Services The Hon.
Load more

Recommended publications
  • Index to Parliamentary Debates HOUSE of REPRESENTATIVES
    COMMONWEALTH OF AUSTRALIA Index to Parliamentary Debates (HANSARD) 2005 HOUSE OF REPRESENTATIVES FIRST SESSION OF THE FORTY FIRST PARLIAMENT (SECOND TO FOURTH PERIODS) From 8 February to 8 December 2005 IN TEN VOLUMES Vols H. of R. 268 to 277—New Series 2005 HOUSE OF REPRESENTATIVES Canberra 2007 INDEX Vols H. of R. 268 to 277 PART I. SPEECHES PART II. SUBJECTS Index to Speeches 8 February to 8 December 2005 House of Representatives 3 House of Representatives INDEX TO SPEECHES From 8 February to 8 December 2005 ABBOTT, Hon. Anthony John, Warringah: SKILLING AUSTRALIA’S WORKFORCE BILL 2005 BILLS Second Reading HEALTH INSURANCE AMENDMENT (MEDICAL 15 June 2005 p8 SPECIALISTS) BILL 2005 TAX LAWS AMENDMENT (PERSONAL INCOME Second Reading TAX REDUCTION) BILL 2005 23 June 2005 p3 Second Reading 17 August 2005 p54 25 May 2005 p125 HEALTH INSURANCE AMENDMENT (MEDICARE Third Reading SAFETY-NETS) BILL 2005 25 May 2005 p138 Second Reading BUSINESS 23 June 2005 p2 10 March 2005 p85 10 October 2005 p110 23 June 2005 p2, p86, p158 MEDICAL INDEMNITY (COMPETITIVE 15 September 2005 p1 ADVANTAGE PAYMENT) BILL 2005 7 December 2005 p1, p153 Second Reading Rearrangement 16 June 2005 p1 8 March 2005 p17 9 August 2005 p67 CENSURE MOTION MEDICAL INDEMNITY LEGISLATION Censure Motion AMENDMENT (COMPETITIVE NEUTRALITY) BILL 2005 10 February 2005 p91 Second Reading 5 September 2005 p43 16 June 2005 p2 12 October 2005 p74 MEDICAL INDEMNITY LEGISLATION 6 December 2005 p26 AMENDMENT BILL 2005 COMMITTEES Second Reading Procedure Committee 8 March 2005 p59 Report NATIONAL
    [Show full text]
  • Statutory Review
    Statutory Review Community Protection (Offender Reporting) Act 2004 Final Report September 2012 Table of Contents P R E F AC E .................................................................................................................................. 3 Key terms ................................................................................................................................ 4 Interaction with other legislation ............................................................................................... 7 Review of the Act: terms of reference ...................................................................................... 7 Process of the Review ............................................................................................................. 7 1. OFFENDERS TO WHOM THE ACT APPLIES ................................................... 9 1.1. The definition of ‘reportable offender’ ......................................................................... 9 1.2. Discretion................................................................................................................. 10 1.3. Other types of offenders .......................................................................................... 22 2 . OFFENDER REPORTING ORDERS, PAST OFFENDER REPORTING ORDERS AND CHILD PROTECTION PROHIBITION ORDERS .......... 25 2.1. Definition of ‘sexual safety’ ...................................................................................... 26 2.2. Proving ‘risk’ ...........................................................................................................
    [Show full text]
  • THE TWEED Volume 2 #37 Thursday, May 27, 2010 Advertising and News Enquiries: Phone: (02) 6672 2280
    THE TWEED Volume 2 #37 Thursday, May 27, 2010 Advertising and news enquiries: Phone: (02) 6672 2280 Fax: (02) 6672 4933 [email protected] page 21 [email protected] www.tweedecho.com.au LOCAL & INDEPENDENT Rally too divisive says ecologist Luis Feliu up in court’ because the community would challenge the legislation to try The ecologist who conducted the and stop the rally. environmental impact study for last Running the rally on national park year’s controversial world rally said roads proved to be ‘most divisive’ due the event had split the community to the potential impact on world her- like nothing he’d seen before. itage and biodiversity values which he Dunecare Tweed-based Dr Stephen Phillips ‘shared’ because he lived and worked told a special Tweed Shire Council in the Tweed. briefing for councillors, senior staff The decision to accept the con- nursery and media on Tuesday that the rally sulting ecologist job for the rally had been marked by so much ‘misin- job had put him ‘between rock and formation, mistrust, conjecture and hard place’ but ‘ultimately I took a opens speculation’ and he personally found deep draught from the proverbial the backlash of his involvement with poisoned chalice’. the event ‘offensive’ . He gave a detailed outline of the Annie Pollard, Cabarita Dunecare Nursery co-ordinator, to bring friends and family along to the official opening Dr Phillips cast doubt on whether research done by his firm Biolink with her daughter Liv in the thick of it while Dunecare of the new nursery at 2pm this Sunday, May 30, and then he would take up such a task again, Ecological Consultants of fauna and volunteer Ashley Baldry looks on.
    [Show full text]
  • Queensland July to December, 2008
    Political Chronicles 279 Queensland July to December, 2008 PAUL D. WILLIAMS School of Humanities, Griffith University Overview The second half of 2008 underscored the end of Premier Anna Bligh's honeymoon with the Queensland electorate. Media and public outrage over an alleged lack of ministerial and bureaucratic integrity, continuing policy crises in water, health and education, and the spectre of a successfully merged Liberal-National Party all haunted government strategists powerless to halt Labor's public opinion decline. As the global financial crisis bit into Queensland's economy, it seemed all a "small target" LNP Opposition had to do was wait. July The period opened explosively when District Court Judge Hugh Boning dismissed charges against paedophile Dennis Ferguson on the grounds his notoriety would prevent a fair trial. Botting's judgment would be overturned in August after Attorney- General Kerry Shine ordered the Director of Prosecutions to appeal, but not before igniting fears of the allegedly errant surgeon Dr Jayant Patel — the so-called "Dr Death" of Bundaberg Hospital — escaping justice on similar grounds (see previous Chronicles). In the interim, the now released Ferguson was forced to relocate several 280 Political Chronicles times around South East Queensland, under expensive police protection, to evade angry local mobs. But the real soap opera belonged to the Liberal and National parties. On the eve of their merger, billionaire businessman Clive Palmer raised questions of political influence when he allegedly donated $100,000 to the cash-strapped Coalition (Courier Mail, 2 July 2008). Despite declaring an early intention to become inaugural Liberal- National Party (LNP) president, incumbent Liberal President Mal Brough soon dropped out, leaving just a Liberal Gary Spence and Nationals' President Bruce McIver.
    [Show full text]
  • Second Reading Reverend the Hon. FRED NILE
    Second Reading Reverend the Hon. FRED NILE [4.43 p.m.]: I move: That this bill be now read a second time. This bill is very straightforward. It relates to and will work in cooperation with the Child Protection (Offenders Registration) Act. It deals with information that can be published. Clause 5, which is very specific, defines "publishable information" as any information required to be made available by the Commissioner of Police. Clause 5 (1) states: (1) The Commissioner of Police must publish the following information contained in the Register in respect of each registrable person— Members of the House know that the names of convicted sex offenders are placed on that register. The information that the Commissioner of Police must publish will include: (a) the person's name, together with any other name by which the person is or has previously been known. I raised this matter when the House was debating the change of name legislation. At that time I noted that it had become the practice for some paedophiles to change their name and image in the hope that they can continue their activity—at least until they are again caught. This bill requires that they list all the names by which they are or have been known. Clause 5 (1) states further: (b) in respect of each name other than the person's current name, the period during which the person was known by that other name, (c) the person's date of birth, (d) a physical description of the person including their gender and race, (e) the person's most recent photograph, (f) the suburb and postcode of the residential address of the person.
    [Show full text]
  • Record of Proceedings
    ISSN 1322-0330 RECORD OF PROCEEDINGS Hansard Home Page: http://www.parliament.qld.gov.au/work-of-assembly/hansard Email: [email protected] Phone (07) 3553 6344 FIRST SESSION OF THE FIFTY-SIXTH PARLIAMENT Tuesday, 18 September 2018 Subject Page ASSENT TO BILLS ..............................................................................................................................................................2449 Tabled paper: Letter, dated 11 September 2018, from His Excellency the Governor to the Speaker advising of assent to certain bills on 11 September 2018. ..................................................2449 SPEAKER’S STATEMENTS ................................................................................................................................................2449 Election of Senator ..........................................................................................................................................2449 Tabled paper: Letter, dated 9 September 2018, from the Speaker, Hon. Curtis Pitt, to His Excellency the Governor advising of Ms Larissa Waters’s selection to fill a casual Senate vacancy. ..............................................................................................................................2449 Tabled paper: Letter, dated 10 September 2018, and enclosure, from His Excellency the Governor to the Speaker, Hon. Curtis Pitt, regarding the appointment of Larissa Waters to fill a casual Senate vacancy. ................................................................................................................2449
    [Show full text]
  • Annual Report 2008–09
    Annual Report 2008 –09 Annual Report Annual Offi ce of the Director of Public Prosecutions 2008 – 09 Of fi ce of the Director of Public Prosecutions Public of theDirector of ce Offi ce of the Director of Public Prosecutions Annual Report 2008–09 www.justice.qld.gov.au/odpp CCOVER_Annual_Report.inddOVER_Annual_Report.indd 1 33/11/2009/11/2009 44:05:02:05:02 PPMM Offi ce of the Director of Public Prosecutions Annual Report 2008-2009 1 Introduction The Director of Public Prosecutions (referred to throughout this report as ‘the Director’) is required by s 16 of the Director of Public Prosecutions Act 1984 to report each year before 31 October to the Attorney-General and Minister responsible for the operations of the Offi ce of the Director of Public Prosecutions (referred to throughout as ‘the ODPP’). The report is to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report. This report is designed to inform both the Parliament and the community regarding the functions performed by the ODPP and covers operations for the period 1 July 2008 to 30 June 2009. 2 Letter of Transmission Letter of Transmission 22 October 2009 The Honourable Cameron Dick MP Attorney-General and Minister for Industrial Relations Parliament House Brisbane Qld 4000 Dear Attorney I present to you a report on the operations of the Offi ce of the Director of Public Prosecutions for the fi nancial year of 1 July 2008 to 30 June 2009 pursuant to s 16(1) of the Director of Public Prosecutions Act 1984.
    [Show full text]
  • Bushrangers in the Novel
    DINGO (MANUSCRIPT) AND GENTLEMEN AT HEART: BUSHRANGERS IN THE NOVEL Submitted by Aidan Windle BA (Hons), Deakin University Grad. Dip. Ed., The University of Melbourne A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy School of Communication, Arts and Critical Enquiry Faculty of Humanities and Social Sciences La Trobe University Bundoora, Victoria 3086 Australia December 2011 TABLE OF CONTENTS Page No. Summary…………………………………………………………………………………………………………………… v Statement of Authorship………………………………………………………………………………………….. vi Acknowledgements.......................................................................................................... vii Dingo (Manuscript)…………………………………………………………………………………………………… 1 Gentlemen at Heart: Bushrangers in the Novel (Dissertation) Preface……………………………………………………………………………………………… 257 Chapter One ........................................................................................... 262 Chapter Two........................................................................................... 283 Chapter Three......................................................................................... 301 Chapter Four........................................................................................... 325 Famous Last Words................................................................................. 347 Appendices Appendix A: Untitled Verse, Van Diemen’s Land, 1825 ....................... 353 Appendix B: The First Century of Bushranger Literature.....................
    [Show full text]
  • Lessons from History in Dealing with Our Most Dangerous 319
    2018 Lessons from History in Dealing with Our Most Dangerous 319 3 LESSONS FROM HISTORY IN DEALING WITH OUR MOST DANGEROUS HARRY HOBBS* AND ANDREW TROTTER** The conundrum of dealing with dangerous sexual offenders is one that has never been too far from the public and legislative consciousness. Striking an appropriate balance between community protection and the human rights of the offender is a difficult task and one weighed down by many competing considerations. In this article, we survey historical and contemporary punishment of dangerous sexual offenders in order to inform that debate. Measures adopted or employed by political communities to respond to such offenders should be chosen with an eye to history. This article argues that such measures are often adopted as a cure for public fear, and as such, they risk being overzealous, imprecise, disproportionate, and unjust. Reflecting on this history, we provide three points that should guide legislative and executive responses when dealing with our most dangerous. ‘History never repeats itself; but it rhymes’.1 I INTRODUCTION In early 2011, officers of the Legal Aid Commission of Western Australia stumbled across the case of Gregory John Yates. Mr Yates was an intellectually disabled man convicted of sexual offences who had by that time been incarcerated for 23 years for a crime that carried a maximum penalty of 20 years. Mr Yates had been sentenced to seven years’ imprisonment, after the expiry of which he was to be detained ‘during the Governor’s pleasure’.2 That indeterminate sentence was imposed in part for his own benefit (by affording him * PhD Candidate, Faculty of Law, University of New South Wales, Sydney, Australia; Lionel Murphy Postgraduate Endowment Scholar.
    [Show full text]
  • NEWSLETTER ISSN 1443-4962 No
    AUSTRALIAN NEWSPAPER HISTORY GROUP NEWSLETTER ISSN 1443-4962 No. 48 July 2008 Compiled for the ANHG by Rod Kirkpatrick, 59 Emperor Drive, Andergrove, Qld, 4740. Ph. +61-7-4955 7838. Email: [email protected] The publication is independent. COPY DEADLINE AND WEBSITE ADDRESS Deadline for the next Newsletter: 30 September 2008. Subscription details appear at end of Newsletter. [Number 1 appeared October 1999.] The Newsletter is online through the ‘Publications’ link of the University of Queensland’s School of Journalism & Communication Website at www.uq.edu.au/sjc/ and through the ePrint Archives at the University of Queensland at http://espace.uq.edu.au/) New ANHG book available 12 August – see Page 20 1 – CURRENT DEVELOPMENTS: NATIONAL & METROPOLITAN 48.1.1 NEWSPAPER RAID IN THE WEST Major media organisations unanimously condemned the government-initiated police raid on the Sunday Times in Perth (see ANHG 47.1.26). Sixteen police from the Major Fraud Squad shut down the offices of the Sunday Times for four hours on 30 April while they tried to find a confidential document allegedly leaked to journalist Paul Lampathakis for a story about election funding. Western Australian Premier Alan Carpenter and his deputy Eric Ripper have denied any involvement in the raid in which the armed fraud squad officers entered the newsroom of the News Ltd newspaper, blocked the building’s exits and searched staff. Acting on a complaint from the Department of Premier and Cabinet, police were trying to find who leaked information about a government decision to spend $16 million of taxpayers’ money on an advertising campaign, allegedly intended to help Labor’s bid for re-election.
    [Show full text]
  • Legislative Assembly
    18003 LEGISLATIVE ASSEMBLY Wednesday 23 September 2009 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. AUDITOR-GENERAL'S REPORT Mr Speaker tabled, pursuant to the section 38E of the Public Finance and Audit Act 1983, the Performance Audit Report of the Auditor-General entitled, "Administering Domestic Waterfront Tenancies: Land and Property Management Authority, and Marine Authority of New South Wales", dated September 2009. Ordered to be printed. NOTICES OF MOTIONS The SPEAKER: Order! A trend has developed for members to give notices of motions that are lengthy, contain argument, unbecoming expressions, and which at times are given in the spirit of mockery. I remind members that such notices are out of order. In accordance with Standing Order 137 the Clerks are able to amend such notices under my authority to ensure they conform to the standing orders. However, if members persist in giving notices that are out of order I will rule them to be out of order and not published in the Business Paper. I remind members that a notice of motion should be a self-contained proposal and be drafted in such a way that the House is able to express a decision when the motion is moved. Members should avail themselves of the advice of the Clerks if they are unsure whether a notice is in an acceptable form prior to giving it. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. REAL PROPERTY AMENDMENT (LAND TRANSACTIONS) BILL 2009 Agreement in Principle Debate resumed from 22 September 2009.
    [Show full text]
  • The Most Reviled of Crimes, There Is Much We Still Don’T Understand
    Features CRIME CRIME A MONTH AFTER SUCCESSFULLY Are paedophiles’ brains different? What role does ARGUING TO HAVE HIS ELECTRONIC the internet play in creating non-contact (child MONITORING BRACELET REMOVED, exploitation material) offenders? Is it possible to CONVICTED SEX OFFENDER GRAHAM treat sex offenders in denial? These are among KAY WAS BACK IN STRIFE. The claim that the questions that will be debated when 300-odd he had grabbed and kissed a teenage girl in a delegates converge on the Lithuanian capital of supermarket was relatively tame for a man who Vilnius for the upcoming biennial conference of had served 18 years in jail for raping six women at the International Association for the Treatment knifepoint in the 1990s. He’d also been discovered of Sexual Offenders (IATSO). The program will with a prostitute in his home, in breach of some explore the latest research and practice, and forge of the 42 conditions on his extended supervision new policy directions, organisers say. order. He found himself back behind bars. After time in Amber Laurel Correctional Rehabilitation nation Centre in Emu Plains, Kay will be re-released Few sex offenders voluntarily seek treatment. For this month. A media firestorm will surely most, the first time they find themselves sitting follow; the one thing guaranteed to stoke opposite a therapist is after the steel doors have greater public outrage than sexual offending is slammed shut behind them. Some question sexual reoffending. Recall the outcry following the efficacy of mandated treatment, but Seidler The most revelations that convicted murderer Steven says it doesn’t matter what gets them there.
    [Show full text]