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VICTORIA PARLIAMENTARY DEBATES (HANSARD) FIFTY-FIRST PARLIAMENT SPRING SESSION 1990 Legislative Council VOL. 399 [From 28 August 1990 to 30 October 1990} MELBOURNE: L. V. NORTH, GOVERNMENT PRINTER The Governor His Excellency the Reverend DR JOHN DAVIS McCAUGHEY, AC The Lieutenant-Governor The Honourable SIR JOHN McINTOSH YOUNG, AC, KCMG The Ministry [As FROM 10 AUGUST 1990] Premier, and Minister for Ethnic Affairs The Hon. J. E. Kirner, AM, MP Deputy Premier, Attorney-General, and The Hon. J. H. Kennan, QC, MP Minister for the Arts Minister for Industry and Economic The Hon. D. R. White, MLC Planning, and Minister for Major Projects Minister for Health The Hon. C. J. Hogg, MLC Minister for Property and Services The Hon. I. M. J. Baker, MP Minister for Tourism, and Minister for The Hon. S. M. Crabb, MP Conservation and Environment Minister for Local Government .. The Hon. M. A. Lyster, MLC Minister for Planning and Urban The Hon. Andrew McCutcheon, MP Growth Minister for Consumer Affairs, Minister The Hon. B. W. Mier, MLC for Prices, and Minister for Aboriginal Affairs Minister for Labour The Hon. N. A. Pope, MP Minister for Education The Hon. B. T. Pullen, MLC Treasurer The Hon. T. W. Roper, MP Minister for Agriculture and Rural Affairs The Hon. B. J. Rowe, MP Minister for Police and Emergency The Hon. M. J. Sandon, MP Services, and Minister for Corrections Minister for Community Services The Hon. K. P. Setches, MP Minister for Housing and Construction The Hon. A. J. Sheehan, MP Minister for Transport The Hon. P. C. Spyker, MP Minister for Sport and Recreation The Hon. N. B. Trezise, MP Parliamentary Secretary of the Cabinet The Hon. R. A. Jolly, MP FIFTY -FIRST PARLIAMENT-FIRST SESSION Members of the Legislative Council Member Province Party Member Province Party Ashman, Hon. Gerald Barry Boronia LP Kokocinski, Hon. Licia Melbourne West ALP Baxter, Hon. William Robert North Eastern NP Landeryou, Hon. William DouttaGalla ALP Best, Hon. Ronald Alexander North Western NP Albert Birrell, Hon. Mark Alexander East Yarra LP Lawson, Hon. Robert Higinbotham LP Chamberlain, Hon. Bruce Western LP Long, Hon. Richard John Gippsland LP Anthony Lyster, Hon. Maureen Anne Chelsea ALP Connard, Hon. Geoffrey Higinbotham LP McLean, Hon. Jean Boronia ALP Phillip Macey, Hon. Reg Monash LP Cox, Hon. George Henry Nunawading LP Mackenzie, Hon. Roderick Geelong Ind. Coxsedge, Hon. Joan Melbourne West ALP Alexander Craige, Hon. Geoffrey Ronald Central Highlands LP Mier, Hon. Brian William Waverley ALP Crawford, Hon. George Jika Jika ALP Miles, Hon. John Gould Templestowe LP Robert Pullen, Hon. Barry Thomas Melbourne ALP Davidson, Hon. Burwyn Eric Chelsea ALP Sgro, Hon. Giovanni Antonio Melbourne North ALP de Fegely, Hon. Richard Ballarat LP Skeggs, Hon. Bruce Albert Templestowe LP Strachan Edward Evans, Hon. David Mylor North Eastern NP Smith, Hon. Kenneth Maurice South Eastern LP Guest, Hon. James Vincent Monash LP Storey, Hon. Haddon, QC East Yarra LP Chester Tehan, Hon. Marie Therese Central Highlands LP Hall, Hon. Peter Ronald Gippsland NP Theophanous, Hon. Theo Jika Jika ALP Hallam, Hon. Roger Murray Western NP Charles Henshaw, Hon. David Ernest, Geelong ALP Van Buren, Hon. Charles Eumemmerring ALP MBE Fredrick Hogg, Hon. Caroline Jennifer Melbourne North ALP Varty, Hon. Rosemary Nunawading LP Hunt, Hon. Alan John South Eastern LP Walker, Hon. Evan Herbert Melbourne ALP Ives, Hon. Robert Stuart Eumemmerring ALP White, Hon. David Ronald DouttaGalla ALP Kennedy, Hon. Cyril James Waverley ALP Wright, Hon. Kenneth Irving North Western NP Knowles, Hon. Robert lan Ballarat LP Mackenzie FIFTY-FIRST PARLIAMENT-FIRST SESSION President: THE HON. A. J. HUNT Chairman of Committees: THE. HON. K. I. M. WRIGHT Temporary Chairmen of Committees: The Honourables Joan Coxsedge, D. M. Evans, J. V. C. Guest, D. E. Henshaw, W. A.l..anderyou, Robert Lawson, R. J. Long, G. A. Sgro, and E. H. Walker. Leader of the Government: THE HON. D. R. WHITE Deputy Leader of the Government: THE HON. C. J. HOGG Leader of the Opposition: THE HON. M. A. BIRRELL Deputy Leader of the Opposition: THE HON. HADDON STOREY, QC Leader of the National Party: THE HON. W. R. BAXTER Deputy Leader of the National Party: THE HON. R. M. HALLAM Heads of Parliamentary Departments Assembly-Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. K. Boyes Council-Clerk ofthe Legislative Council: Mr A. V. Bray Hansard-ChiefReporter: Mr L. C. Johns Library-Librarian: Mr B. J. Davidson House-Acting Secretary: Mr W. F. McKelvie DEATH OF HONOURABLE JOHN WIUIAM GALBAUY, CBE, QC 28 AUGUST 1990 COUNCIL 1 Tuesday, 28 August 1990 The PRESIDENT (Hon. A. J. Hunt) took the chair at 3.3 p.m. and read the prayer. DEATH OF HONOURABLE JOHN WILLIAM GALBALLY, CBE, QC Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That this House expresses its sincere sorrow at the death, on 8 July 1990, of the Honourable John William GalbaUy, CB E, QC, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as a member of the Legislative Council for the Melbourne North Province from 1949 to 1979, and as Minister of Elcctrical Undertakings from 1952 to 1955, Minister of Forests from 1952 to 1954 and Minister of Labour and Industry from 1954 to 1955. It is with great pride, on behalf of members of the Australian Labor Party, the government-in fact, all honourable members of the House-that I place on record the achievements of the late Jack Galbally. As I indicated, Jack Galbally was a member of the Legislative Council for Melbourne North Province from June 1949 to July 1979. He was Minister of Electrical Undertakings from December 1952 to June 1955; Minister of Forests from December 1952 to July 1954; Minister of Labour and Industry from July 1954 to June 1955; and the Leader of the Opposition in the Legislative Council from June 1955 to June 1970 and from August 1970 to May 1979. In addition Jack Galbally was the Chairman of the Royal Botanic Gardens Committee from 1968 to 1969 and a member of the Little Desert Settlement Committee from 1969 to 1970. He was also a Queen's Counsel, a league footballer and a pennant tennis player, and at one stage he played golf with a handicap of only two. Jack was educated at St Patrick's College, East Melbourne, Melbourne High School and Melbourne University, where he obtained a law degree while undertaking various occupations including those of car salesman, shop assistant, primary school teacher and fruit picker. Jack Galbally played football for the Collingwood Football Club in 1933 and 1934, a club of which he later became vice president. He was also legal adviser to the Collingwood City Council. As well, Jack was the Murray Valley tennis champion in 1933, 1946 and 1947. He was called to the bar in 1955. He was responsible for introducing the concept of contributory negligence in road accident cases in 1951. He was a fervent social reformer who campaigned against capital punishment and was one of the instigators of the Australian Constitutional Convention. In placing those achievements on the record, I point out that Jack Galbally, who was well known to Mr Landeryou and me-in my case for ten years-was a man of courage and achievement and a gentleman. He displayed great personal courage on a number ofoccasions. At the time of the split in the Australian Labor Party in 1955 Jack Galbally remained in the party despite strong peer group pressure from an overwhelming number of his Catholic Labor colleagues, who tried to persuade him to join what would become the Democratic Labor Party. In 1970 he was prepared to risk his personal standing, his leadership of the ALP in the Legislative Council and his membership of the party by defying the leadership of the Victorian branch of the ALP on the question of State aid for Catholic schools. He was subsequently reinstated by the Federal executive. Spring Session 1990-1 DEATH OF HONOURABLE JOHN WIUJAM GALBAUY, CBE, QC 2 COUNCIL 28 AUGUST 1990 Throughout the 1960s and 1970s-and, indeed, as far back as the 1950s-Jack Galbally vigorously advocated the abolition of capital punishment at the risk of public ridicule and the ridicule of the government of the day. He was largely responsible for changing the mind of the Hamer government on the refonn of the vagrancy and consorting laws and was also responsible for the introduction of a number of private member's Bills. In addition to being a man of courage he was a man of achievement in law, in sport and in politics. It is worth developing the character ofJack Galbally , because there were many layers to his character. It is fair to say that Jack Galbally, by doing what he did in the 1950s and 1960s in introducing a number of private member's Bills dealing with issues involving ci vii liberties, was responsible for the founding of what many of us now describe as the dreaded Labor Lawyers group that descends upon us in great numbers from time to time. Qearly most Labor Lawyers see him as their mentor. Jack Galbally was a protege of John Wren. His was an Irish-Catholic, Tammany-Hall, ALP background a political setting that no longer exists in Victoria but remnants of which may still be found in Sydney, Chicago, Boston and New York! Suffice to say Jack Galbally knew and understood that background. It is difficult to explain Jack Galbally's political character, because although Mr Landeryou and I are the beneficiaries of a great many stories about him, none is appropriate to place on record today.