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13 November 1985 COUNCIL 875

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13 November 1985 COUNCIL 875 j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j VICTORIA PARLIAMENTARY DEBATES (HANSARD) FORTY-NINTH PARLIAMENT SPRING SESSION 1985 Legislative Council VOL. CCCLXXX [From October 30,1985, to November 28, 1985} MELBOURNE: F. D. ATKINSON, GOVERNMENT PRINTER j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j The Governor *His Excellency Rear-Admiral SIR BRIAN STEWART MURRAY, KCMG, AO The Lieutenant-Governor The Honourable SIR JOHN McINTOSH YOUNG, KCMG The Ministry Premier The Hon. John Cain, MP Deputy Premier, and Minister for The Hon. R. C. Fordham, MP Industry, Technology and Resources Minister for Agriculture and Rural The Hon. E. H. Walker, MLC Affairs, and Minister for Planning and Environment Minister for Health The Hon. D. R. White, MLC Minister for Education The Hon. I. R. Cathie, MP Minister for Employment and Industrial The Hon. S. M. Crabb, MP Affairs . Minister for Community Services The Hon. C. J. Hogg, MLC Treasurer The Hon. R. A. Jolly, MP Attorney-General .. The Hon. J. H. Kennan, MLC Minister for Conservation, Forests and The Hon. J. E. Kirner, MLC Lands Minister for the Arts, and Minister for The Hon. C. R. T. Mathews, MP Police and Emergency Services Minister for Water Resources, and The Hon. Andrew McCutcheon, MP Minister for Property and Services Minister for Transport The Hon. T. W. Roper, MP Minister for Local Government .. The Hon. J. L. Simmonds, MP Minister for Consumer Affairs, and The Hon. P. C. Spyker, MP Minister for Ethnic Affairs Minister for Sport and Recreation The Hon. N. B. Trezise, MP Minister for Public Works, and Minister The Hon. R. W. Walsh, MP Assisting the Minister for Employment and Industrial Affairs .. Minister for Housing The Hon. F. N. Wilkes, MP Parliamentary Secretary of the Cabinet Dr K. A. Coghill, MP ·Resigned October 3, 1985 Members of the Legislative Council FIFTIETH PARLIAMENT-FIRST SESSION MEMBER PROVINCE MEMBER PROVINCE Arnold, M. J. Templestowe Landeryou, W. A. Doutta Galla Baxter, W. R. North Eastern Lawson, Robert Higinbotham Birrell, M. A. East Yarra Long, R. J. Gippsland Chamberlain, B. A. Western Lyster, Mrs M. A. Chelsea Connard, G. P. Higinbotham McArthur, L. A. Nunawading Coxsedge, Mrs Joan Melbourne West McLean, MrsJean Boronia Crawford, G. R. Jika Jika Macey, Reg Monash de Fegely, R. S. Ballarat Mackenzie, R. A. ·Geelong Dixon, Mrs J. L. Boronia Mier, B. W. Waverley Dunn, B. P. North Western Miles,J. G. Templestowe Evans, D. M. North Eastern Murphy, B. A. Gippsland Granter, F. J. Central Highlands Pullen, B. T. Melbourne Grimwade, F. S. Central Highlands Reid, N. B. Bendigo Guest, J. V. C. Monash Sandon, M. J. Chelsea Hallam, R. M. Western Sgro, G.A. Melbourne North Henshaw, D. E. Geelong Storey, Haddon, QC EastYarra Hogg, Mrs C. J. Melbourne North Van Buren, C. F. Eumemmerring Hunt, A. J. South Eastern Varty, Mrs Rosemary Nunawading Kennan, J. H. Thomastown Walker, E. H. Melbourne Kennedy, C. J. Waverley Ward, H. R. South Eastern Kirner, Mrs J. E. Melbourne West White,D. R. Doutta Galla Knowles, R. I. Ballarat Wright, K. I. M. North Western President: THE HON. R. A. MACKENZIE Chairman of Committees: THE. HON. G. A. SoRO Temporary Chairmen of Committees: The Honourables M. J. Arnold, Joan Cox sedge, D. E. Henshaw, Robert Lawson, R. J. Long, M. J. Sandon and K. I. M. Wright. Leader of the Government: THE HON. E. H. WALKER Deputy Leader of the Government: THE HON. D. R. WHITE Leader of the Opposition: THE HON. A. J. HUNT Deputy Leader of the Opposition: THE HON. HADOON STOREY Leader of the National Party: THE HON. B. P. DUNN Deputy Leader of the National Party: THE HON. W. R. BAXTER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Heads of Parliamentary Departments Council-Clerk of the Parliaments and Clerk of the Legislative Council: Mr R. K. Evans Assembly-Clerk of the Legislative Assembly: Mr R. K. Boyes Hansard-ChiefReporter: Mr L. C. Johns Library-Librarian: Miss J. McGovem House-Secretary: Mr R. M. Duguid j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j Motor Car (Further Amendment) Bill 30 October 1985 COUNCIL 777 The Hon. B. A. Chamberlain interjected. The Hon. J. H. KENNAN-That has always been a matter for judgment by Cabinet with respect to a particular Bill. The Hon. A. J . Hunt-You always put in urgent matters. The Hon. J. H. KENNAN-There are balances to be had, and Mr Hunt is a weat one for talking about balances. He knows very well that people are very much imtated by numerous amendments being made to the same Act, within one calendar year, as one has to go through them. Mr Chamberlain shakes his head but I receive lots of complaints about numerous amendments to the same Act. There is a principle that amendments should be consolidated where possible. I should have been ill advised to bring in a Crimes (Attempts) Bill, a Crimes (Offences Against the Person) Bill, a Crimes (Shorter Trials) Bill-another matter that was tacked on-and a Crimes (Rape in Marriage) Bill. That would mean that four crimes Bills would have been introduced in one sessional period. I made a judgment, and Cabinet and the House accepted it, that those matters should be consolidated into one Bill even though Cabinet ultimately approved them, in principle, at different stages with respect to their urgency. The Hon. B. A. Chamberlain-You are missing the point. The Hon. J. H. KENNAN-I am not missing the point. The Hon. A. J. Hunt-You are rationalizing. The Hon. J. H. KENNAN-It might be said that I am good at that. With respect to each of those matters, I started my comments by referring to the merits of a particular provision. If you ask me whether I have a Cabinet decision that says urgent matters should not be tacked onto non-urgent matters in normal circumstances neither I nor Cabinet would be prepared to bind ourselves to that principle, especially with respect to the Crimes Act. We do our best having regard to the particular circumstances. Generally we do not ask the House, nor did I ask the House, in respect of the Crimes Act, to rush the rest of that Bill through just because it had a provision dealing with rape in marriage. It will be a matter ofjudgment in each particular case. Mr Hunt speaks about rationality, but I do not understand what position could be more rational than that. The Hon. A. J. HUNT (South Eastern Province )-On the point that was raised, the Opposition and the National Party have both been as reasonable and co-operative as it is possible to be. The Bill was introduced into another place this morning; passed there with some degree of objection; introduced in this place; and I immediately proceeded with the Bill without delay. I talked about the objections to a procedure which added an urgent provision, which must be passed. The Opposition conceded that the cannonball provision must be passed, yet three other matters could not be regarded as urgent by any means. I have spoken of the inquiries that have been made in the brief period of a day and the reasons why the Opposition was prepared to accept the principles of the Bill, in the special circumstances, subject to an undertaking being given that Cabinet would avoid this pro­ cedure. Subsequently I spoke to the Minister for Health, who indicated that he would give an undertaking to take that principle back to Cabinet. All the Attorney-General has been doing is making it more difficult to pass the Bill. The Opposition has sought to be co-operative. It has asked for an undertaking in this House that he will take back to Cabinet the undesirability of tacking non-urgent provisions onto urgent measures which are desired to be passed quickly through Parliament. Unless that principle is acknowledged, community consultation will be avoided on issues such as these which have been raised in considerable detail by a number of speakers. The Hon. ROBERT LAWSON (Higinbotham Province)-It is clear that the Attorney­ General has been put in a false position by the Minister for Transport.
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