Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

WEDNESDAY, 9 DECEMBER 1959

Electronic reproduction of original hardcopy

1976 Land Acts and Other Acts, &c., Bill [ASSEMBLY]

WEDNESDAY, 9 DECEMBER, 1959

Mr. SPEAKER (Hon. A. R. Fletcher, Cunningham) took the chair at 11 a.m.

QUESTIONS

OFFICIAL TELEPHONE-TAPPING Mr. HANLON (Ithaca) asked the Premier- "(!) Is he aware that the Prime Minister, Mr. Menzies, has not yet carried out a promise made two and one-half years ago to institute safeguards to protect the public from abuse of the dangerous rights allowed by official telephone-tapping?" "(2) In view of the threat to the rights of citizens of this State in the lack of any guaranteed safeguards against abuses of this official telephone-tapping, will he on behalf of Queenslanders urge the Prime Minister to make an immediate statement on the present position in this matter?"

Hon. G. F. R. NICKLIN (Landsborough) rep!ied- "(1) No." "(2) If the Honourable Member has any evidence of telephone tapping in Queensland and he advises me thereof, I will be pleased to take up the matter with the Right Honourable the Prime Minister." Que.

LAND PURCHASED BY ALIENS OUTSIDE of refrigerators at Gayndah and Biggenden • AUSTRALIA railway centres as it is claimed that the refrigerators arrived at these centres sev­ Mr. LLOYD (Kedron) asked the Minister eral weeks ago?" for Justice- "As it is very apparent that there is Hon. G. W. W. CHALK (Lockyer) considerable public resentment at the replied- recent purchases of land in this State by "Arrangements are being made for aliens living outside Australia and realising these refrigerators to be placed in the difficulty in supervising any restric­ operation immediately." tions placed on these purchases, is it pos­ sible for the Government to consider imposing a residential qualification of EXEMPTION OF YEPPOON FROM RoAD twelve months on individual alien pur­ TRANSPORT FEES chasers of land in Queensland?" Mr. V. E. JONES (Callide), without notice, asked the Minister for Transport- Hon. A. W. MUNRO (Toowong) replied- "What action is being taken following on "It would be possible for the Govern­ my representations to include Y eppoon in ment to consider imposing residential the area exempted from road transport fees qualifications on aliens wishing to pur­ for the carting of goods between Rock­ chase land in Queensland, but whether hampton and that centre?" it would be wise to introduce the type of legislation which would be necessary Hon. G. W. W. CHAI"K (Lockyer) to impose such restrictions is another replied- matter. If this question is viewed in its "Following on the very comprehensive proper perspective it will be seen that it representations of the hon. member for is only a small part of a very much Callide I am now having the matter wider problem. The question cannot be examined with a view to issuing an Order considered adequately unless it is viewed in Council which will define the exempted as part of the general problem of Aus­ area as any point within the boundaries of tralian development, finance, foreign the City of Rockhampton and any point investment and migration. It must also within a two-mile radius of the Post Office be considered against the economic back­ at Yeppoon." ground that land ownership may be closely associated with development, and against INDEMNIFICATION OF INTERSTATE HAULIERS the legal background that land may be owned not only directly but also Hon. V. C. GAIR (South Brisbane), with­ indirectly either by trusteeship or through out notice, asked the Minister for Transport- the instrumentality of a corporate body. "In view of the recent decision of the 1\s regards the legal background it may High Court which has shown methods used be mentioned that the tendency within all by many interstate hauliers to have been countries which are members of the family illegal, will the Minister give earnest con­ of Nations has been to treat aliens more sideration to the passing of an Act of and more on the same footing as citizens Indemnity on the grounds that- so far as the ownership of property is 1. The legal position of the haulier concerned. In England, aliens were, in has been the subject of considerable 1870, given the right to own real estate doubt; in addition to the right to own personal 2. That the Crown by not enforcing estate. This policy has developed and the law (as it now appears) has shown in practically all the civilised countries of that its legal advisers were themselves the world today aliens are given the right in doubt as to the true legal position of to own land in the same manner as citizens the haulier; are given the right to own land. The 3. That the haulier has been encour­ policy of the Government in this matter, aged by the inaction of the Crown to therefore, may be described as being in commit what must now be taken to be general conformity with the accepted illegal acts: principles of that body of rules known as the comity of Nations. It will thus be seen 4. That the enforcement of the law as that it would be necessary to consider it now appears would be vindictive on carefully many possible indirect effects of the part of the administration and such a proposal before the Government ruinous to many hauliers?" of any State or of the Commonwealth Hon. G. W. W. CHALK (Lockyer) would be justified in implementing it." replied- REFRIGERATORS AT GAYNDAH AND " I. There has never been any doubt in BIGGENDEN RAILWAY CENTRES my mind-and I am sure that such has been borne out by my public statements­ Mr. DAVIES (Maryborough) asked the of the damage that has been done to the Minister for Transport- State's economy by the operations of "Will he have the necessary authority 'border hopper' operators who have sprung issued immediately by his Department to up without Government sanction or enable work to proceed on the installation encouragement." 1978 Questions [ASSEMBLY] Questions

"2. The legal position in the minds of However, approved jetty projects may be our legal advisers has not been doubtful as financed from the Commonwealth Aid the Honourable Member would endeavour Marine Works Fund as funds become to lead this House to believe. This is borne available. As from the same date, the out by the fact that the Crown has some following rates of subsidy were varied 230 complaints under the 'State Transport except in those cases where funds had Facilities Acts' laid in the Courts which already been granted for portion of the have been adjourned awaiting the decision cost of a project- in the Harris Case. There have also been some 120 adjournments of complaints Mosquito eradication works reduced under the 'Roads Contribution to Main­ from 50 per cent. to the relevant tenance Acts' awaiting the decision of the general works rate. Kerbing and Boardman case. Both of these test cases channelling from 25 per .cent. to the have now been decided in favour of the relevant general works rate. Erosion Queensland Government by the Full Court prevention and soil erosion works from of the High Court of Australia." 33t per cent. to 25 per cent. provided "3. Whilst I appreciate the position in that a higher rate may be considered which some hauliers now find themselves, I where State interests are involved. cannot, at this stage, place myself in the However, the rate may now be increased to 50 per cent. for road position of introducing an Act to indem­ inverts where the State is not called nify past deeds of illegal operators which, upon to pay subsidy on a scheme as a in fact would mean the granting of a free whole. Aerodrome works from 50 per pardon to them-particularly when I con­ cent. to the relevant general works rate. sider the cases of those persons who, with­ In regard to aerodrome works, where out the resources of the haulier combines, the Commonwealth Government now have pleaded guilty to charges of 'border provides a subsidy of 50 per cent. of hopping' and in several instances have the gross cost, the State contributes 20 ceased such operations; also, the circum: per cent. Swimming baths attract a stances of many local carriers who have fiat rate of 25 per cent. where there acted loyally to the Government and are no existing facilities or where exist­ within the 'State Transport Facilities Acts' ing facilities in the area concerned are plus many railway employees whose liveli­ inadequate for teaching swimming. hood has been severely jeopardised by these Previously the rate was 25 per cent. illegal operators." in a defined area (average distance from ''4. However, as is the policy of the the coast approximately 100 mil;;s) ana Government in all matters, I am prepared 33t per cent beyond. to fully examine any representations that may be made to me by any interested 'Water supply works (other than new parties to ensure that justice is done not schemes or major augmentations) qualify only in respect of past deeds but in respect for 33t per cent. subsidy where the annual of future operations." charge per private residence exceeds £12 after allowing for such subsidy and fm 20 per cent. if the annual charge is SUBSIDIES PAID TO LOCAL AUTHORITIES below £12. New water supply schemes or Hon. P. J. R. HILTON (Carnarvon): I major augmentations of existing scheme~ desire to ask the Treasurer and Minister for to provide additional supply at the source Housing whether he has an answer to the or from a new source are eligible for following question, which I addressed to him subsidy beyond the normal maximum of on 19 November- 33t per cent. and up to a maximum of 50 per cent. provided that, after allowing "Will he supply the House with a state­ for such subsidy, the average charge per men! showing the rates of subsidy now tenement per annum exceeds £12. A applicable to local authority undertakings major augmentation scheme before July, and indicate any alterations made in such 1958, was limited to 33t per cent. but, rates since the present Government took if the cost per tenement warrants, may office?" now be eligible for 50 per cent. New Hon. A. W. MUNRO (Toowong-Minister schemes whether in the country or not for Justice), for Hon. T. A. HILEY may be eligible for the higher subsidy (Coorparoo), replied- on a similar basis of cost per private residence. The subsidy rate for general "A statement showing subsidies to Local works which previously varied from a Bodies (excluding Regional Electricity minimum of 15 per cent. to a maximum Boards) under the State's Approved Sub­ of 33t per cent., depending on the rate sidy Scheme is set out hereunder. The in the £ of Local Authority general fund following alterations to the subsidy scheme and loan fund (excluding undertakings) have been made since the present Govern­ taxation, was from July 1, 1959 altered to ment took office:- a fiat rate of 20 per cent. with respect 'Subsidies on harbour works, recrea­ to new works or where funds had not tional facilities, jetties for the tourist trade received Executive Approval at that date. and sale-yards, other than those in pro· Works in progress are being completed at gress were discontinued after July 1, 1958. the old rates of subsidy. As regards Questions [9 DECEMBER] Questions 1979

electricity reticulation works (whethe! operate for a period of 5 years from rural or otherwise) carried out by existing July 1, 1958, provides that, for the first undertakings in western areas, a subsidy 3 years, the existing rate of 33t per rate not greater than 33! per cent. has cent. of interest and redemption charges been approved to apply to such works. on capital works will apply to loans raised Despite the remarks concerning subsidies prior to that date and that a rate from for flood damage as shown in the attached 5 per cent. to 33t per cent. (adjusted schedule tabled, the State and Common­ according to the average cost of electricity wealth Governments in respect of capitai per unit sold in each region) be paid on reconstruction work on damage caused new loans. After July 1, 1961, subsidy by flood and cyclone in 1958 and 1959 at the sliding rates is to apply on all will each be making available to the loans raised by the Boards and a decision Local Authorities involved a subsidy of is to be made after December 31, 1962, 33t per cent. on approved works. As as to what subsidy is to apply to such resards flood damage reconstruction works works after June 30, 1963. The total in general, subsidy is now payable on that amount of subsidies paid during each of portion of the work not previously sub­ the past two financial years has exceedeu sidised and not on the extra cost to payments in this connection in respect provide an improved standard as was of any previous years during which time previously the case. A new scheme of the Honourable Member was a member Regional Electricity Board subsidies to of the Government.

SUBSIDIES TO LOCAL BODIES UNDER THE STATE'S APPROVED SUBSIDY SCHEME SUMMARY OF RATES APPLICABLE TO VARIOUS PROJECTS (Excluding Regional Board Electricity Works)

Class Minimum Maximum Remarks Subsidy Subsidy

Electrification- (a) New Authorities Di9trict 75% 33!% Schemes of estimated annual deficit (b) Rural Electrifwation and ditto 33t% Special consideration to a minimum rate, extensions into Rural Areas irrespective of economic position le) Coal Mining Areas ditto Coal Board's contribution 16i·% (d) Interconnection of Schemes Power I 33}% 33t% (e) Supply to Indmtrial Under- Considered when need arises takings I (f) E sat bl' IS h men 0 f sma11 50o/co- 200 or more consumers Electric Authorities in 60%-100 and less than 200 consumers Isolated Areas 65%-Less than 100 consumers (q) Existing Western Electric Authorities- (i.) Improvements, plant pur- Special Subsidies up to a maximum of 50% chases, &c. (ii.) Reticulation works .. .. Special Subsidies up to a maximum of 33}% Water Conservation and Irrigation- (a) Headworks .. 50% 100% !{Increased to a maximum by 75% of (b) Local Weirs and Reticulation .. 25% 50% I estimated annual deficit I Water Supply- (a) Extensions and hnprove- 20% 33}% Maximum subsidy 33}% applies if, ments, &c., to existing after allowing for such subsidy, the schemes (excluding major annual charge for water per private augmentation schemes men- residence exceeds £12. If charge is tioned below) below £12, 20% subsidy applies (b) Major augmentation of exist- ing schemes to provide normal maximum of 33}% after allowing for such subsidy, the additional supply at the ''"''"and up"""'"''" to a maximum"""'"' '"' of r=•momannual charge"""''" for "''"% water per"''"'"· private ,, source or from a new source 50% residence exceeds £12. Coal Board (c) New Water Supply Schemes .. ditto ...... contribution equal to the difference between 33}% and 50% may be made towards cost of new Water Supply Schemes for Coal Mining . L Centres Sewerage ...... 20% 50% Increased to maximum by 75% of I estimated annual deficit General Works (Road, bridge, street Flat rate of 20% drainage and reclamation works, &c.) Grammar School Buildings and Flat rate of 40% Recreational Facilities I 1980 Questions [ASSEl\IBLY] Papers

SUBSIDIES TO LOCAL BODIES-continued.

11 Cla_s_s ______[ 1'§~~~Xf 1--~-~_"t,_i~_id_uY_m_+ ______R_e_m_a_r_k_s_

Public Conveniences Flat rate of 33!% Swimming Baths Flat rate of 25% Applicable only to approved projects I where there are no existing facilities or where existing facilities in the area concerned are inadequate for teaching swimming. Subsidy limited, accord· ing to size of pool, as follows :- 50-metre pool-Estimated Cost £60,000; 33}·metre pool-Estimated Cost £45,000 ; 25-metre pool-Esti­ mated Cost £30,000 ------I------'------·1------Erosion Prevention (including soil Flat rate of 25% Increase considered where State interests erosion prevention projects) are involved

NOTE.-Where road inverts are constructed by a Local Authority as part of an approved soil conservation scheme 50% subsidy will apply in those cases where the scheme as a whole has not been subsidised by the State.

Community Facilities .. .. General Works Rate (20%) .. i Subsidy applies only to the portion of a project which relates to the community facilities C.W.A. Students' Hostels .. .. Flat rate of 50% on capital Provided hostels will be maintained by expenditure on buildings c:W.A. or by a Local Authority if and equipment C.W.A. is not willing Cottages for Old-age and Invalid Flat rate of 50% on cost of Purchase of land not eligible Pensioners construction I Hostels for Waiting Mothers at Flat rate of 50% .. .. approved C. W .A. Centres Library Facilities ...... Flat rate of 50% .. .. Ir"""'' limited ,,at present""'' L

NoTE.-This subsidy, when applied to aerodromes licensed by Civil Aviation Department, is subject to Commonwealth Subsidy of 50% being applied to the gross cost of the work.

I:each and Camping Facilities for Flat rate of 33!% Tourist Purposes I I Flood Mitigation Works .. .. Flat rate of 33!% . . . ·1 Increased subsidy may be approved whPre circumstances warrant Preparation of Flood Contour Maps .. Flat rate of 50% Flood Damage (Repairs to roads and Not eligible for subsidy bridges (maintenance)) I Reconstruction of roads and bridges, Subsidy at General Works rate confined to that portion of the work which involving new work or improve~ has not previously attracted subsidy-extra cost to provide improved ments standard, will attract subsidy

NOTE.-The above subsidies apply to approved capital works financed from Loan or Revenue funds. July 27, 1959.''

PAPERS (Marburg), and Queensland Industrial Institution for the Blind (South The following papers were laid on the Brisbane). table, and ordered to be printed:- Report of the State Electricity Commis­ Report of the Co-ordinator-General of sion of Queensland for the year Public Works for the year 1958-1959. 1958-1959. Report of the Department of Forestry for the year 1958-1959. Report of the Department of Harbours Report of the Health and Medical Services and Marine for the year 1958-1959. of the State of Queensland for the year The following papers were laid on the 1958-1959. table:- Report upon the Operations of the Order in Council under the Public Service Sub-Departments of Native Affairs, "Eventide" (Sandgate), "Eventide" Acts, 1922 to 1958. (Charters Towers), "Eventide" (Rock­ Order in Council under the Explosives hampton), Institution for Inebriates Act of 1952. Railways Acts Amendment Bill [9 DECEMBER] Workers' Compensation, &c., Bill 1981

Order in Council under the Racing and HEALTH ACTS AMENDMENT BILL Betting Acts, 1954 to 1957. Order in Council under the Stamp Acts, THIRD READING 1894 to 1959. Bill, on motion of Dr. Noble, read a third Regulations under the Fisheries Act of time. 1957. SUGAR EXPERIMENT STATIONS ACTS CITY OF BRISBANE MARKET BILL AMENDMENT BILL INITIATION THIRD READING Hon. 0. 0. MADSEN (Warwick-Minis~ ter for Agricultural and Stock): I move- Bill, on motion of Mr. Madsen, read a third time. "That the House will, at its next sitting, resolve itself into a Committee of the Whole to consider of the desirableness of DAIRY CATTLE IMPROVEMENT ACT introducing a Bill to establish a public REPEAL BILL market in the area of the City of Brisbane." Motion agreed to. THIRD READING Bill, on motion of Mr. Madsen, read a ELECTIONS ACTS AMENDMENT BILL third time.

THIRD READING OFFICIALS IN PARLIAMENT ACTS Bill, on motion of Mr. Munro, read a third AMENDMENT BILL time. THIRD READING LOCAL GOVERNMENT ACTS Bill, on motion of Mr. Nicklin, read a AMENDMENT BILL third time. THIRD READING Bill, on motion of Mr. Heading, read a RIVER IMPROVEMENT TRUST ACTS third time. AMENDMENT BILL (No. 2) THIRD READING CITY OF BRISBANE ACTS AND ANOTHER ACT AMENDMENT BILL Bill, on motion of Mr. Muller, read a third time. THIRD READING Bill, on motion of Mr. Heading, read a IRRIGATION AREAS (LAND SETTLE­ third time. MENT) ACTS AMENDMENT BILL

MOTOR SPIRITS DISTRIBUTION ACT THIRD READING OF 1957 REPEAL BILL Bill, on motion of Mr. Muller, read a THIRD READING third time. Bill, on motion of Mr. Morris, read a third time. RABBIT ACTS AMENDMENT BILL

THIRD READING TRAFFIC ACTS AND ANOTHER ACT AMENDMENT BILL Bill, on motion of Mr. Muller, read a third time. THIRD READING Bill, on motion of Mr. Morris, read a third time. LAND ACTS AND OTHER ACTS AMENDMENT BILL (No. 2) POLICE ACTS AMENDMENT BILL THIRD READING

THIRD READING Bill, on motion of Mr. Muller, read a third time. Bill, on motion of Mr. Morris, read a third time. WORKERS' COMPENSATION ACTS RAILWAYS ACTS AMENDMENT BILL AMENDMENT BILL (No. 2)

THIRD READING THIRD READING Bill, on motion of Mr. Chalk, read a third Bill, on motion of Mr. Munro, read a third time. time. 1982 Constitution (Declaration of [ASSEMBLY] Rights) Bill

CONSTITUTION (DECLARATION OF In their policy speech for the 1957 RIGHTS) BILL general election the present Country-Liberal Party Government promised- INITIATION IN COMMITTEE "We will embody in the Constitution (The Chairman of Committees, Mr. Taylor, provisions which follow those laid down Clayfield, in the chair) in the Declaration of Human Rights of the General Assembly of the United Nations, Hon. G. F. R. NICKLIN (Landsborough­ and we will enact that such provisions can Premier) (11.30 a.m.): I move- only be repealed or altered by the sanc­ 'That it is desirable that a Bill be intro­ tion of a majority of the people deter­ duced to amend the Constitution of mined at a referendum. Queensland by making further provision "The provisions will be designed to- in respect of the constitution, powers, and (a) Protect our democratic political procedure of the Legislature, and to provide institutions; for certain other matters associated (b) Protect the basic democratic poli­ therewith, and thereby to secure the' tical rights of the people; blessings of liberty to our people and our (c) Secure the freedom of the indi­ posterity." vidual and the protection of his pro­ The Bill is a very important measure, entail­ perty from unjust acquisition; ing as it does a major alteration to the (d) Maintain a completely indepen- Constitution. It has created very great inter­ dent judiciary." est not only in Queensland but also in other That promise was based upon the concept States and there has been a considerable that we already possess the freedoms postu­ demand for copies of it on its introduction. lated in paragraphs (a), (b), (c) and (d) of It is not often that fundamental changes our policy speech. It follows that our pro­ are made in the Constitution, but two are mise is to protect and maintain, as distinct worth mentioning because they have in some from to bestow, the essential freedoms of way an association with the Bill. The first our democratic way of life. I emphasise the was in 1922 when the Upper House was essential freedoms of our democratic way of abolished, and the second was in 1934 when life which I submit were very adequately there was written into the Constitution pro­ covered in those four sub-paragraphs visions that the Legislative Council or any included in the portion of our policy speech other similar body could not be re-established that I quoted. without first submittting the matter to a We on this side of the Chamber firmly referendum and that the life of Parliament believe that the maintenance of these free­ could not be extended beyond the present dams is the best and surest means of three-year period. maintaining for us and our posterity the human rights declared by the General In view of the importance of the Bill, of Assembly of the United Nations. its very involved nature and of its effects, the Government consider that every oppor­ We consider that the best and surest tunity should be given not only to hon. means of ensuring for all times these free­ members, but also to everybody else inter­ dams is to safeguard our present Parlia­ ested to examine it very fully before it mentary system of government based upon becomes law, so, after it is introduced and a representative legislature freely elected printed, we propose to Jet it lie on the table upon a liberal franchise and by secret ballot. until Parliament resumes towards the end This Legislative Assembly is indeed a of February. constitutional "Pandora's box" from which I am sure all hon. members will realise will flow all the blessings or all the evils that it has not been easy to draft. It has to result in the future to the ever more entailed tremendous work, research and numerous citizens of our ever-growing and investigation into its implications and effects. ever-developing State. At the outset I pay tribute to the Parlia­ I and my Government have no fears for mentary Draftsman, Mr. Seymour, and his the future while this Assembly truly assistant, Mr. O'Callaghan, for the tremen­ represents the people. dous amount of work they have put into it, Equally we have no desire and no inten· and to Mr. Ryan, the Solicitor-General, and tion in this Bill of dictating to future Crown Law officers who have been of great generations of electors who is to represent help in drawing it up. Furthermore, in view them in this Assembly. That is their right of the constitutional matters involved, the and the keystone of their liberty as it i& Government decided to retain the services of of ours. Dr. Louat, one of Australia's eminent con­ stitutional counsel, to examine the Bill. All we desire to do, and all we do in So we have put a great deal of work into it this Bill, is to secure that right for us and and obtained the best legal advice possible our posterity. before introducing it. All hon. members About 30 years ago, New South Wales will agree that that was a very wise pro­ passed legislation having for its object the cedure because one cannot loosely approach prevention as far as possible of the abolition the subject of making a major alteration to of its Upper House called "the Legislative the Constitution. Council." Constitution (Declaration of [9 DECEMBER] Rights) B~ll 1983

In 1934 Queensland followed with legisla­ emphasise, a manner and form different from tion having exactly the reverse objective, that in which Parliament ordinarily exercises that is the prevention of the restoration its legislative functions. or creation of its Legislative Council, which it had abolished in 1922, or any similar The particular and unusual manner and second Chamber. form resorted to in the earlier New South Wales and Queensland laws respecting Upper One extraordinary feature was common Houses, and adopted in the Bill on which to the actions of both States. It was that I am now addressing you, is the State-wide while the one was not going to suffer the referendum of electors. loss of its Upper House if it could do any­ thing to prevent the event, and the other Before proceeding to outline other features bent all its energies to preventing the crea­ of the Bill, I wish to emphasise that the !io~ of a second Chart?-ber, both were equally Government parties believe that successive md1fferent to the possible fate of the institu­ Legislative Assemblies should always reflect tions which were the very essence of their the voice of the people by whom they are political freedoms. I refer, of course, to elected. the respective Legislative Assemblies of these two States. As long as they are We consider that a vital general principle accepted in their present form, as long as of our system of democracy requires that no State Governments are enabled to function Parliament should inflict its views on its as they are at present, our democratic successors. political institutions and the rights of our people are preserved. Of course, it will be For that reason we provide in this Bill said that it cannot happen here, that no-one that Section 5 of the Colonial Laws Validity would interfere with, restrict or abolish the Act cannot be used in the future to fetter Legislative Assembly. Those were the this Assembly by imposing upon it an famous last words of a number of other unusual form and manner for the enact­ democratic countries. But what has ment, amendment or repeal of any particular happened to them? We want to ensure legislation. that it does not happen here unless the At this stage I ask those who propose to people of the State desire that it should. oppose the Bill not to delude themselves Both the New South Wales and Queens­ that its provision against the future use of land enactments to which I refer were based Section 5 provides ammunition for their upon a most ingenious legal device opposition. I do, however, ask them to think originating from section 5 of the Colonial upon this. To date, as in this Bill, the Laws Validity Act, an Imperial statute resort under Section 5 has been to the passed in 1865. electorate on a State-wide basis. Section 5 reads- That can be regarded as objectionable only "Every colonial legislature shall have, on the basis that those who made the laws and be deemed at all times to have had, concerned knew the difficulties associated full power within its jurisdiction to estab­ with obtaining an affirmative referendum lish courts of judicature, and to abolish vote. The difficulties result from the and reconstitute the same, and to alter the infinite possibilities of confusing a referendum constitution thereof, and to make pro­ with not only irrelevant but also a-relevant vision for the administration of justice issues. But irrespective of these difficulties, therein; and every representative legis­ we firmly believe that there are funda­ lature shall, in respect to the colony under mentals of our constitutional liberties which its jurisdiction, have, and be deemed at all are so vital that they should not be touched times to have had, full power to make laws except with the concurrence of the people. respecting the constitution, powers, and The system of referendums is not new. It procedure of such legislature; provided has been used by the Commonwealth Govern­ that such laws shall have been passed in ment and it is widely used in other countries. such manner and form as may from time It is used very frequently in that very demo­ to time be required by any Act of Parlia­ cratic country-Switzerland. ment, letters patent, Order in Council, or colonial law for the time being in force I have sufficient confidence in the intelli­ in the said colony." gence of the electors of this State that if I suggest to hon. members that they study they are confronted with the question of very closely the full import of that section. voting on a referendum dealing with matters affecting their liberty or the d~mocratic For the New South Wales and Queensland liberties of the people of this State they will legislation which I have mentioned and for give not only an intelligent vote, but a the Bill which I am seeking leave to intro­ correct vote. duce, the proviso to Section 5 is of vital importance. It is the basis of the legis­ Except as regards these fundamentals, lation, in that it permits one Parliament to however, we are in the Bill prohibiting the prohibit succeeding Parliaments from inter­ future use of the "manner and form" device fering with a particular piece of legislation provided by Section 5 of the Colonial Laws except by a Bill which is passed in a particu­ Validity Act because, in our opinion, this L;· manner and form, and, I add and section is capable of being gravely abused. 1984 Constitution (Declaration of [ASSEMBLY] R-ights) Bill

We have experienced in recent years­ This means that anybody who at any not too far back-tremendous pressure future time fulfils the requirements of the applied to a Government to submit itself to law as in force today, cannot be deprived outside influences responsible in no way of the right to contest an election for this either to this Assembly or to the electors of Assembly for which he is duly nominated. Queensland. The Bill, however, allows Parliament to Had the Government concerned been so remove all present grounds of disqualifica­ willing, it is considered that not only could tion from sitting or voting in this Assembly, it have subverted itself to the outside save two, without the approval of the elec­ influences concerned, but it could have used tors. The two which can only be removed Section 5 to give those influences a dictatorial with the approval of the electors are bank­ control over the whole or any part of the ruptcy and membership of the Federal Parlia­ legislative programme of succeeding Parlia­ ment. An unreasonable nomination require­ ments, irrespective of the will of the electors. ment is prohibited by providing for a maxi­ mum number of ten nominators, each being It is a frightening and an intolerable an elector of the State. possibility, against which this Bill guards. Every parliamentary election must be held The major part of this Bill is devoted to as at present on a Saturday, enrolment and safeguarding our present Parliamentary voting is to be compulsory, voting is to be system of Government based upon a repre­ by secret ballot, and each elector is to have sentative legislature freely elected by secret only one vote. ballot upon a wide, liberal adult franchise. That is the citadel of our freedoms, and we Another very important provision of the on this side of the Chamber are firmly con­ Bill creates a minimal electoral franchise. It vinced that while it is secure all other free­ is the franchise conferred by the provisions dams are maintained. of the Elections Acts as amended during this Session. Presently our constitution empowers the This means that only the electors, by State­ Sovereign, by and with the advice and con­ wide referendum, can take away the fran­ sent of this Assembly, to make laws for the chise from persons who are not under twenty­ peace, welfare and good government of the one years of age, who are or are deemed to State in all cases whatsoever. Under the be British subjects, and who have lived in present constitution we have a unicameral the Commonwealth for a continuous period legislature!_ representative of the people, and of 6 months, and in the electorate for which elected by them upon a liberal adult fran­ enrolment is claimed for 3 months, and who chise. Membership of the legislature is are not subject to the disqualifications pre­ based upon the distribution of the State into sently imposed by the Elections Acts. It is electorates, each returning one member. The emphasised that the Bill is concerned with a electoral franchise is based upon citizenship minimal franchise qualification. Parliament and residential qualifications. The method of is left free, without resort to a referendum, election is by secret ballot at which an to extend the franchise by, for example, elector is permitted to have one vote only. reducing the age qualification, or removing To ensure the responsibility of the execu­ any of the present disqualifications. But only tive to the legislature the latter is required the electors of the whole State can interfere to meet at least once in every period of in any way with the right to the franchise twelve months. I emphasise that the Bill of those who have the minimal franchise preserves these fundamental features of our qualification stipulated in the Bill.. The democratic system of government. Under the minimal franchise is, I repeat, that lmd down Bill this Assembly must always be consti­ by the Elections Acts as amended during this tuted exclusively by the elected represent­ session. atives of the people. The present system of Other provlS!ons of the Bill prevent parliamentary representation by electoral dis­ indirect interference with the franchise or, tricts, with one member and no more for indeed with Parliament itself, by such devices each district, is confirmed. as laws taking away, dispensing with, or pre­ judicially affecting the right to claim and The Bill imposes only two conditions upon maintain enrolment, with recourse to a court future electorate distributions. These are- to enforce this right, or the provisions of the Firstly, there must be at least 7 5 elec­ present law for ensuring or enabling the due, torates; and timely, fair, and impartial conduct of Secondly, the distrrbution must be on elections. the basis of a quota of electors. The quota The Bill also has safeguards against the is determined by dividing the total number franchise right being indirectly assailed. Subject, however, to observing its basic of electors according to the annual enrol­ requirements, the Bill does not interfere with ments preceding the distribution by the the power of Parliament to alter the present total number of electorates. A marginal electoral law. Under this provision, hon. allowance of one-third above or below the members will see that we have protected the quota will be allowable. Candidature for rights of the electors, guaranteeing that there election to the legislature is based upon will always be fair and impartial elections in the requirements of the present law. Queensland, and that Parliament, as we know Constitution (Declaration of [9 DECEMBER] Rights) Bill 1983 it, cannot be interfered with except at the Such a referendum must be held on a wish of the people consulted by means of Saturday, voting is to be compulsory, and by referendum. I submit that we very ade­ secret ballot, and an elector is to have only quately protect our democratic Parliamentary one vote. institution and the democratic rights of the I have outlined fully the principal features people of this State. of this Bill. It is a measure of vital import­ To secure the independence of the judiciary ance to the people of Queensland and their the Bill provides that Supreme Court judges posterity. shall be appointed by the Governor in Summarised, it establishes for all time, so Council and shall, subject to retirement at far as it is within the power of law to estab­ age 70 years, hold office during good behav­ lish for all time- iour. They cannot be removed from office Firstly, the supremacy of the electorate, except upon an address from this Assembly that is of the citizen to choose from time to the Governor in Council praying for to time and at all times, the Government removal on the ground of proved misbe­ he desires for the time being. haviour or incapacity. Parliament is to fix their remuneration, and it is not to be dimin­ While the rule of law prevails in this ished during continuance in office. State he cannot deprive himself or his posterity of that right except by the There are other important provisions in vote of himself and a majority of all of his the Bill to safeguard the liberty of the sub­ fellow citizens. ject and to prohibit the making of any law Secondly, the institution of Parliament depriving any person under arrest or deten­ as we now know it, that is a Sovereign tion of the rights to be informed promptly representative body responsible to the of the reason for his arrest or detention, to citizens it represents. obtain legal assistance without delay, and to In doing this it leaves a particular Parlia­ test the validity of his arrest or detention ment free to fetter itself as it deems fit. by way of habeous corpus. For that it will have to account to the Mr. Power: Will you tell them at the electors. C. I. Branch that they cannot take a man But definitely this Bill prohibits Parlia­ unless he is under arrest? ment from fettering its successors. Thirdly, the right of the citizen to Mr. NICKLIN: The Bill preserves the personal freedom and to the quiet enjoy­ liberty of the subject. ment of his property. Mr. Power: Will it make it clear? Fourthly, the independence of the Judiciary. Mr. NICKLIN: A man's rights will be We gave the electors those four promises. preserved for all times by the passage of In the Bill we fulfil them, and I commend this Bill. it accordingly. Another important provision of the Bill is In conclusion I point out that the Bill will that laws relating to the compulsory acquisi­ in no way prejudice any steps which may be tion of property must provide for its acquisi­ taken to establish a new State or States tion on just terms. within Queensland. This provision does not extend to the pro­ For the purposes of the Bill the State of ducts of primary industry. It has been found Queensland is defined to mean Queensland essential to exempt primary products in the within its limits for the time being, irrespec­ interest of the State's producers so as to tive of how its limits may be altered in the ensure that the organised marketing schemes future. for primary products which have been so successfully developed over a long period Mr. DUGGAN (North Toowoomba­ of years will not be prejudiced. Leader of the Opposition) (12.1 p.m.): I suppose the older members of the Parliament Mr. Jesson: What about the Sugar Acquisi­ cannot recall a single occasion when we have tion Act? been obliged to listen to such political clap­ trap as we have this morning. Mr. NICKLIN: That is what I have been talking about. A.L.P. Members: Hear, hear! The method adopted by the Bill to imple­ Mr. DUGGAN: I am astonished to ment the safeguards to our freedoms which think-- I have outlined is the State-wide referendum. Mr. Herbert: Is this the speech you were Bills which infringe any of these safeguards going to make tonight? cannot become law by receiving the Royal Assent unless approved by majority vote at The CHAffiMAN: Order! a State-wide referendum of all electors. Nor, once the Bill becomes law, can any of its Mr. DUGGAN: I think we could quite provisions be repealed or altered in any way seriously ignore the interjection, but, as the unless the Bill for the repeal or alteration hon. member has introduced into the debate is approved by the electors at a State-wide the subject of something that might happen referendum. somewhere else tonight, it is probably rather 1959-3R 1986 Constitution (Declaration of [ASSEMBLY] Rights) Bill

significant that the Leader of the Opposition Mr. Dewar: Will you tell us whether you in the Federal Parliament was invited to are opposed to the Bill or not? come along and respond to a toast but not the Leader of the Opposition in this Par­ The CHAIRMAN: Order! The hon. mem­ liament. Let him think that one over. ber for Chermside is immediately disregard­ Every person in Australia, certainly every ing my request. member of the Australian Labour Party, Mr. Dewar: I just asked a question, Mr. believes just as firmly and just as sincerely Taylor. in the Four Freedoms as any hon. member sitting in any other part of any House of Mr. DUGGAN: These are the people who Parliament in the Commonwealth. We take are talking about liberty and freedom. I second place to none in our allegiance to think I might with advantage at this stage the Crown, in our fidelity a!!d love for our refer to a statement made by Arthur James country and in our desire to preserve the Balfour in the House of Commons on 24 democratic way of life. June, 1907. He said- What evidence has been produced this "! do not wish to see the institutions morning to justify the introduction of this of this country in any particular stereo­ tremendous measure by the Premier? Every typed and perpetuated for all time, made move that has been made in any democratic absolutely petrified and immovable, as, country for a major alteration to the Consti­ for instance, the institutions of the Ameri­ tution has as the Premier said, been the can Commonwealth are, or almost, are result of c~reful study and examination. Just under the peculiar regulations of their what have this Government done? In France Constitution. But while I do not wish to and in America and in Australia, whenever imitate the immovable conservation of the amendments to the Constitution have been Republican institutions of America, I involved, invariably such alterations have think we should be perfectly insane­ been preceded by the nomination of people setting aside not only the lessons of our from all shades of political opinion to express own history, but of every other history­ opinions as to how those freedoms and liber­ if we do not so arrange our Constitution ties might be preserved. that when the people decide upon a change, A.L.P. Members: Hear, hear! it shall be after the most mature considera­ tion, after the thing has been weighed and Mr. DUGGAN: Currently in Australia looked at from all sides, and after it has there is a proposal to amend the <:ommon­ been considered in isolation from all those wealth Constitution, and severalleadmg mem­ perturbing considerations which operate bers of the Australian Labour Party are o_~ at the moment. the committee. In Queensland not only has "It is folly to call that anti-democratic; there been no recognition of this side o~ the on the contrary, it is democracy properly House, but indeed there has been. a veil. of understood. It is government of the silence, a wall put ?P by the Premie~ agamst people, by the people, and for the people. our desire to obtam some general mforma­ Not by the people for the people living tion about the lines on which they intended under one Parliament, be it of seven or to proceed. You will remember that when 1 five years' duration, but by the people for asked for some information about Dr. Louat the people for generations." I was as much as told to mind my own bu~i­ ness, despite the fact that we a:e the officml Yet here are a Government seeking to amend Opposition representing a considerable body the Constitution extensively after they have of taxpayers and electors in the State who been returned on a minority vote and after are entitled to know about what they have had the colossal impertinence to these meddlesome Matties who want try to protect their tenure in office by making to introduce major alterations to the a redistribution which I say is manifestly Constitution are doing. Here we havt? a unfair to a great body of people in the State. man prating about the liberties of the sub]ect They seek by altering the boundaries to and the need to observe the _will of the impose on future Parliaments a limitation people, yet the Government are m power on on the number of electorates. a minority vote-a vote of not 50 per cent. Mr. Nicklin: No. of the electors but less than 45 per cent. Mr. DUGGAN: He said not fewer than Mr. Dewar: So are you. 75; he is also laying down certain quotas. Mr. DUGGAN: We are not a Government. The same thing happened in South Australia. Every election for the last three there has Honourable Members interjected. been an absolute majority for Labour but The CHAIRMAN: Order! they cannot get the reins of Government. They are doing exactly the same thing here. Mr. A. J. Smith: Yackety, yackety yack! Mr. Gilmore: It has proved very fortunate The CHAIRMAN: Order! The hon. mem- for South Australia. ber for Carpentaria will please obey my call to order. I ask hon. members to ~llow the Mr. DUGGAN: It will prove very disas­ Leader of the Opposition to make his speech trous for Queensland in due course. What in silence. I have quoted draws attention strongly to Constitution (Declaration of (9 DECEMBER] Right..•) Bill 1987 the need for a dispassionate, calm approach been given much attention in Soviet politi­ to the subject and the need to invite all cal theory, despite the fact that the latter shades of opinion. We find none of that in asserts that the social order, rather than this case. If you search the world today, the concepts of 'natural rights' and with the exception of Great Britain herself, 'inalienable rights', is the source of indivi­ there would not be a nation where there is dual rights in Soviet society." more evidence of freedom, justice or liberty He says further- than in Australia. I have in front of me a SEATO document. The members of SEATO "The political rights inscribed in the wish to preserve democracy but the great Soviet Constitution cover such habitual majority of them are dictatorships. Pakistan rights of the democratic politics as 'free­ is a dictatorship, Thailand is a dictatorship, dom of assembly', including mass meet­ in the Philippines graft, corruption and shoot­ ings, street processions, and demonstra­ ing is going on. Yet the Premier talks about tions, the right to unite in public organisa­ all these things in an attempt to preserve tions, universal suffrage and the right to be liberty and democracy. Look around the elected to p1,1blic office." world. Look what happened in Great This commentator goes on to cite a long list Britain following the violation of Belgium of rights accorded by the Soviet Constitution, neutrality. The German Vice-Chancellor but then makes this very vital observation said- on the wide gulf between theory and " Just for a word, neutrality, just ·for a practice- scrap of paper, Great Britain is going to "The Soviet Bill of Rights contains, thus, make war on a kindred nation which an impressive number of provisions to desired nothing but to be friends with protect human freedoms and welfare. In her." practice, however, some of its rights, par­ If you read the speeches of all the democ­ ticularly in the field of civil liberties, have racies there is all this pious affirmation of been honoured more in the breach than preserving liberty and justice. Let me quote in the observance, or have been hamstrung from a book that deals amongst other things with restrictive interpretations. with the Soviet Constitution. It is rather "The ease with which life and liberty significant that these rights are to be defined have been extinguished on a number of in written words. You do not find it in the occasions in the U.S.S.R. has served in British Parliament or in the Commonwealth the past to negate the viability of the per­ Parliament but we are doing it here because sonal inviolabilities. The correctional labor of these bush lawyers. The only one of them camps, even if-in the absence of authentic who has a promising reputation has been figures-the number of their inmates has denied endorsement by the Liberal Party. been exaggerated abroad, are a blot on the The major amendment to the Constitution record of constitutionalism in the U.S.S.R." has been prepared by bush lawyers. Despite the provisions of the Soviet Bill of Rights, freedom movements directed to gain­ Mr. P. R. SMITH: I rise to a point of ing the very things ostensibly conferred by order. If the Leader of the Opposition the Bill of Rights itself have been suppressed is referring to me as a bush lawyer, in blood and destruction in satellite countries the remark is most offensive to me of the Soviet bloc. and I ask for it to be withdrawn. Again, the United States Bill of Rights, The CHAIRMAN: Order! The hon. mem­ which some commentators hold was used ber has not referred to any hon. ·member as a model by the framers of the Soviet Bill in the Assembly. of Rights, has not prevented the ruthless sup­ pression of movements in the United States Mr. DUGGAN: It is rather significant that directed to securing freedoms established by the Constitution of the Soviet Republic con­ both the Declaration of Independence and tains on paper all the safeguards so highly the Bill of Rights. cherished by freedom-loving people every­ The United States Bill of Rights did not pre­ where. Stalin described it as "The most demo­ vent the atrocities of slavery in the Southern cratic Constitution ever written." Julian States; and in recent times the discriminatory Towster, Associate Professor of Political treatment of negro children in education at Science, University of California, says in his Little Rock, Arkansas; and despite the equali­ book, "Political Power in the U.S.S.R."- tarianism and fine sentiments of the Bill of "Many of the basic ideas of the British Rights white juries to-day will not convict Magna Charta (1215), the American Dec­ whites unquestionably guilty of crimes against laration of Independence (177 6), and Bill negroes. of Rights (1789), and the French Declara­ tion of Rights of Man and Citizen (1789, We know that in South Africa where they 1791), are to be found in the Bill of Rights talked about the Bill of Rights there is a of the Soviet Constitution." tremendous discrimination against a large section of the African population. Go where He goes on to say- you will, and yoH will find these pious plati­ "The value and dignity of the human tudes being uttered by ambitious politicians personality, the idea of fundamental who want to inflame public opinion. And human rights and freedoms . . . have where those declarations are made you will 1988 Constitution (Declaration of [ASSEMBLY] Rights) Bill

find the usurpation of democratic power and the last say. We have a system of Govern­ the substitution of power politics. This ment whereby the people have a fair chance, could well happen in this State. The a free chance to elect the Government of their Premier made reference to the fear of direc­ choice, and there is no need for this sort tion from outside, obviously referring to the of action. three weeks' annual leave. If it were not I have here a cutting from the Sydney for that matter, the hon. gentleman would "Bulletin" of 27 August, 1958. No-one not have been the Leader of the Government could say that the Sydney "Bulletin" has today. Instead of trying to raise that as a ever been a friend of the Australian Labour buttress to support his case, he ought to Party. I suppose it would be the most erect a statue to those involved in that matter reactionary right-wing paper in the British because it was only because of that fluke Commonwealth. This is what it had to say circumstance that the hon. gentleman was about the proposal of the Government- able to get back into power. The purpose of the Bill is to try and recharge the poli­ "About the most hare-brained scheme tical atmosphere for the 1960 elections with which has come out of Liberal planning a similar type of atmosphere that prevailed is the new craze for passing Bills of in the 1957 elections. These people will Rights ... parade around and talk about the threat of "Two State Liberal-Country parties seem Communism. During the Toowoomba elec­ to be bent on introducing these measures; tion people said, "If you return Duggan you the first of them the Government of Mr. will have them sticking people up against Nicklin in Queensland, which claims for a brick wall and shooting them." Little its inspiration the Charter of the United children came to our campaign rooms and Nations." talked on these lines. That was the type of I remind hon. members that Russia is a propaganda despite the fact that my own member of the United Nations, as are other brother laid down his life as a member of countries in which undemocratic policies are the R.A.A.F., and despite the fact that I pursued. took my place in a fighting unit to preserve It goes on to say- democracy. Despite those things, these foul "Australia happens to be a Federated accusations were made, and they often Commonwealth, and it is impossible for a succeeded. State Government to legislate separately Government Members interjected. on freedom. It can only deal with part of freedom and rights, because many of Mr. DUGGAN: I am not opposed to the essential rights come within the liberty, but I object very much to the instru­ dominion of the Commonwealth." mentality of Parliament being used for this The article states further- purpose. The Premier is using these snide means, these unfair means to deal with situ­ "No doubt under the new Bills there ations that are non-existent. Tell me where will be a Department of Rights in each there is evidence of a corrupt judiciary. State which embraces the new fashion, There is talk about preserving the independ­ suitably staffed with Minister secretaries, ence of the judiciary. There is not any inspectors of personal liberty' and several evidence of a corrupt judiciary. Let the other new kinds of licensed snooper. Premier give an instance of the unjust "And their operations should provide the acquisition of private property. Let the High Court counsel with almost as sound Premier give one instance of the taking away ll: living as Section 92, when the applica­ from the people the right to exercise universal tion of the Commonwealth Constitution suffrage. Tell me where the freedom of the to the matter has been fully proved ..." individual has been destroyed. They talk It also states- of freedom of expression, but within 200 "While there is room for legislation in yards of this building the Government will New South Wales to guard against the not give freedom to people to express their resumption of property by the Crown with­ opinion. Yet the people can get that freedom out payment of a just price, Nicklin and in Hyde Park, London, where, Sunday after Morton might well leave busybodying Sunday you can find anarchists attacking the round civil liberty to the common law, to British Throne and the Government and tradition, and to public opinion, which British procedure. But that Government are provides the best safeguard of all." wise because it has gone on for 2,000 years without the need for these declarations to be They hold themselves out as heroic cham­ embodied in a Constitution. This evening pions of democracy, but let us consider what the Premier will talk about the great develop­ happened at the Liberal convention in New ment in this State and he will pay tribute to South Wales, when they conferred on this our pioneers and to the part that Parliament matter. This passage is taken from the has played, yet he introduces in this Par­ Sydney "Morning Herald" of 27 October, liament a Bill and in justification for it claims 1958- that there is a possibility of a corrupt "Some members of the State Parlia­ judiciary, and the suppression of liberty and mentary Liberal Party are angered and the suppression of parliamentary democracy. embarrassed by decisions of the State It does not matter what fantastic ideas some Liberal Party Convention in Sydney last people may have, it is the people who have week. Constitution (Declaration of [9 DECEMBER] Rights) Bill 1!189

"They claim that the Convention should nothing else but a cold, calculated, premedi­ not have been held during the Federal tated act to prepare the ground for a suc­ election campaign and that many decisions cessful election campaign in which mem­ were 'against public opinion.' bers of the Government will introduce such "Senior members of the Party made it suggestions as a lack of loyalty on the part of clear last night that the Parliamentary some of our citizens, and that sort of thing Party would not be bound by decisions of is to be very greatly deplored. There has been the Convention. no unjust acquisition of property. The Premier has not given one instance of it. He has "They said it was certain that the Party not given any evidence to justify protection would not drop its promise of a Bill of of any of the elements which he said are Rights from its policy, although the so important. He referred to the abolition Convention voted against it. of the Upper House. I challenge him now "Another member said last night that to have a referendum to restore it. He is the convention had lost touch with the not game to do it. In New South Wales the public. Liberal Party supported the Labour Pa.rty " 'Some of the decisions were made on the abolition of the Upper House. That when only 30 people were in the hall to is the current policy in New South Wales. vote on them,' a member said. The Country Party voted against it. I have been wrong in my predictions on many " 'Usually, there are only a couple of occasions, as I suppose I may be in future, hundred present on any day. Whether a but I will not be very wrong in the one I motion was passed would depend largely make now. I will not be wrong when I on what time it was put for a vote'.'' say that it will not be very long before hon. members opposite will be politically con­ So I say that everyone worth his salt in demned. The Government have been in this country is a believer and a defender power for just on three years and there are of civil rights and civil liberty. The greatest already Country Party members running disturbance of the cause of Parliamentary round and telling other people quite openly democracy is provided by those who mouth that "You cannot trust these Liberals; there the political claptrap mouthed by the Premier is a knife in each hand.'' As a matter of this morning for the purpose of arousing fact, only last night a member told me-- public opinion. Mr. Knox: Who was it? I do not care what happened at the mst election and whether good men were defeated Mr. DUGGAN: As a matter of fact, the or good men returned as Parliamentary person would have much better standing representatives. In Australia with politically than the hon. member for Nun­ 10,000,000 and 1,500,000,000 people to the dah. There is much talk about the rights of north a disservice to democracy is done by the citizens, the acquisition of property, those who try to divide the people instead of and so on, but what is there in the Bill getting them to work together as a united about anything to correct the unemployment people. They import into election cam­ position? There are countless hundreds of paigns a Macarthy-ism tendency. They unemployed in this State despite the fact make accusations and allegations of all that one of the things on which the Govern­ sorts and are not in that way doing good ment were elected was that they would service to democracy. If a man is not create more jobs than there were people to carrying out his duties adequately and effi­ fill them. There are numbers of men with ciently as a Parliamentary representative, by wives and families who are only too anxious all means reject him, but do so on charges and willing to work who are obliged to that can be made that his policy or his trudge miles and miles seeking it. In the Party's policies are defective and not in the city of Rockhampton there are 981 men out best interests of the country. We have only of work. Men come along to me and theh­ to consider the experience in South Africa Iocal members seeking work. Petitions are and France, where a decline in Parliamentary being sent round the streets of Rockhampton democracy has resulted virtually in a total asking that the State Government make dictatorship, in Pakistan where the Parlia­ available £250,000 for the relief of unemploy­ mentary democracy was swept aside and a ment in Central Queensland. military dictatorship substituted, in Egypt (Time expired.) where there is a dictatorship in place of the Parliamentary democracy that existed not Hon. V. C. GAIR (South Brisbane) (12.26 so long ago. p.m.): For nearly three years we have been reading a good deal about this Bill of Parliamentary democracy exists in very Rights. Parliamentarians in this State, in few countries today-the United States, common with interested sections of the Great Britain, Australia and a few others people have waited with great interest to which could be counted on the fingers of see just what the Government had in mind, one hand. Those countries have preserved what they were going to do with this Bill, our form of Parliamentary democracy. I one that has received so much publicity and say to the Premier, and I say it very about which so much has been spoken. I deliberately and premeditatedly, that this is felt this morning that my anticipations and 1990 Constttution (Declaratton of [ASSEMBLY] Rights) Bill expectations in this connection ha~ been enough rope and enough encouragement, it fulfilled, as I did not expect very much. will take place in Australia in spite of the The Bill contains a lot of pio:us pious belief of certain people who are con­ resolutions without any material or sound sorting with and encouraging a section of protection for the rights of Parliament or the our people who have no more respect for individual over and above those that exist at democracy than a snap of the fingers, who the present time. I had hoped to hear reasons have no _more regard for our parliamentary for this Bill. It is questionable- whether there system of government than they had for the is need for such a Bill of Rights in this democracies in the countries they have State or in any State of the Commonwealth destroyed. where the people, I believe, enjoy a greater measure of freedom and liberty than those in A threat was made to our parliamentary any other country of the world. I had hoped system of government in 1957. That is that the Bill would be more substantial and indisputable and undenil!_ble. The elected more definite. It is very desirable, I agree, representatives of the people, the Govern­ that our Parliament should have all the pro­ ment elected by the people in 1956 with an tection against any group or section of the overwhelming majority, were directed by an people whose aims might be to destroy our outside body to introduce legislation and, parliamentary democratic system of govern­ because the elected representatives in govern­ ment. I cannot see that the introduction of ment said that the time was not propitious this measure is goipg to protect this Parlia­ for its introduction, the Premier of the day ment if sufficient of our people decide to was expelled from the party, and members carry out a revolution in this country. If of his party, 22 in all, walked across the they so decided what value would the Bill of floor of the House voted with members of Rights have in protecting our parlia­ Country-Liberal Parties and destroyed the mentary system against any such onslaught? democratically elected Government of the people. Furthermore, I question whether there is anything in this Bill which does not already Mr. Nicklin: At the direction of outsiders. exist in many of the enactments on the Statute Book of this State. I listened attent­ Mr. GAffi: Yes. It will be argued, of ively to the Premier when he spoke of the course, that I and my Government had a judiciary, and I do not remember him right to carry out the decision of a party enunciating any new principle in regard to conference. I have just as good an under­ the judiciary. Members of the judiciary are standing of the party system of government appointed by the Executive Council and hold as anyone in this Chamber and I recognise office until they reach 7 0 years, their salary the decisions of a party; but I have never is determined by Parliament, and a member surrendered the right of a Government to of it can only be removed from office by a determine what and when legislation should substantive motion of Parliament. That is be introduced any more than Mr. Gaitskell the existing position. The conditions of or anybody else in the British Labour Party appointment to the judiciary have has given away that right. Anyway, in the never been altered or interfered with and rule book of the Australian Labour Party it is not contemplated by the today one can find innumerable items that present Government, nor was it ever con­ have been carried and reaffirmed at con­ templated by previous Governments. They vention after convention but have never been have always had the highest respect and given effect to. regard for the judiciary. We as a Govern­ ment always protected the courts, whether I am reminded by the debate this morn­ civil courts, industrial courts, or indeed any ing that, as long as I can remember, the constitutional authority; but I cannot say platform of the Australian Labour Party has that that protective attitude has always been contained a provision for the abolition of the displayed by some members of the Govern­ Senate but when they had power as a Gov­ ment when in Opposition. They held the Com­ ernment and majorities in both the Senate missioner of Prices up to ridicule-a con­ and in the House of Representatives they stitutional authority the equal in every way did not attempt to abolish the Senate but of a member of the Industrial Court or a increased the numerical strength of the member of the judiciary-because he had Senate. I understand that the A.L.P. failed to give a price increase to some com­ leader elect in the Federal Parliament, bine or monopoly. Is he to be given, with Mr. Calwell, was the architect of the legislation that increased the strength of both the limited powers left to him today, the Houses, including the Senate. He was not same protection as he has enjoyed hitherto? expelled for disobeying the platform of the Then we come to the preservation of A.L.P., as I was because I and my Govern­ Parliament itself. No law that we introduce ment did not think the time was ripe for will protect us if enough people take matters the reform desired. I do not want into their own hands and carry out a bloody to labour that subject this morning. revolution in this country, as has been done While we are dealing with the rights of the in other countries. I say that without any individual I hope that we can give some fear of being charged with McCarthyism or thought to the freedom of the individual any other "ism." What has happened in other under the heading of industrial unionism, places can happen here. If they are given and, indeed, to other phases of our industrial Constitution (Declaration of [9 DECEMBER] Rights) Bill 1991

and political life. Recently I read the judg­ and indeed he may be .a yiolent opponent ment of the High Court in the Hurseys' case. of it. But still he 1s required to The Court held that a union executive had subscribe to the party's funds. The hon. the right to determine a levy on union mem­ member for Ithaca says that he does bers to be paid to a political party, not only not complain about the benefits he receives. for election funds, but for any purpose, and What does he pay his union fees for? that a union member was obliged, irrespec­ For a union secretary to acquire a big tive of his political beliefs, to contribute or flash car to run around the district as some be deemed unfinancial. That is a very defin­ union secretaries often do? Or does he pay ite interference with the right of the indi­ his fee so that that union, if it is doing its vidual. I submit that in the first place under job, will fight for his benefit and the benefit the present industrial laws in all States of of all other union members? the Commonwealth a person is obliged to become a member of an industrial union to Mr. Davies: Why didn't you make these obtain a job so that he can maintain himself protests several years ago? and those dependent upon him. Yet irrespec­ tive of a worker's political beliefs a union Mr. GAIR: I have always objected to any executive can say, "We will strike a levy individual being compelled to do something for this or that," and the worker has no right contrary to his conscience, spirit and prin­ to contract himself out of the levy, but is ciples. I have made my objection at more forced to pay it or be deemed to be an places than one. I would find it very unfinancial member of the union and conse­ difficult, if the position changed so much that quently can be denied work in the industry we were compelled by any law to con­ he follows. tribute to a political party in which we were not interested. I would have a natural A Government Member: That practice has reaction and everybody is entitled to have gone on for years. a reaction. That is the legal position today and it should be remedied. I think it could Mr. GAIR: It has gone on. In some cases be remedied, if not under a Bill of Rights, unions that have been communistically domi­ under specific legislation. It should not be nated have been blatent enough to decide allowed to continue. and publish their decisions that half the collection would go to the A.L.P. and the An A.L.P. Member interjected. other half to the Communist Party. Mr. GAIR: I know it is. I have been A Government Member: That would be a reliably informed that one particular union shocking thing. has collected levies under the guise that they were for a specific charity, but they were Mr. GAIR: It has happened. The decision not devoted to the purpose for which they of an executive of a union is sufficient to were collected, but were used for Com­ commit them in that way. On the other munist propaganda. hand, many primary producers today are contributing to the political funds of An A.L.P. Member: Were they given to political parties under duress, under the Q.L.P.? pressure, under schemes and systems that could not be accepted as being entirely volun­ Mr. GAIR: The Q.L.P. does not get its tary. The cane-grower is giving authority to fund from any Communist organisation. the mill to contribute a percentage of his Only a fool would believe that. income to the funds of a political party. Mr. Graham: Where does it get them Mr. Knox: That is his own wish. from? Mr. GAIR: Somebody says that it is at Mr. GAIR: It does not get them from the his own wish. I want to be fair. I do not oil companies either. Hon. members on my think that in all cases the primary producer right are as conscious as I am of the reaction is subscribing or contributing in this way of the workers in regard to compulsory because he wants to or because he likes to, subscriptions for this and that. They have but because he is influenced by the fact that no way of contracting themselves out of it. he is in an industry and unless he contributes They have to pay, or else they are ostracised, to the Country Party or some other party intimidated and discriminated against. Thh he will be disadvantaged or discriminated t!lkes place in 1959 in a democracy such against just as the worker pays a levy reluc­ as we are supposed to have. The Bill of tantly, not because he is interested in the Rights does not attempt to deal with such political party, but because he is required to a case. Even at this stage, if anything can and does so or he would be ostracised and be done to remove this injustice the Premier discriminated against on the job. and his Cabinet should give some considera­ tion to it in the interim. Mr. Hanlon: He does not reject the bene­ fits he gets. Mr. Foley: It does not give the right to work. Mr. GAIR: That does not entitle the union to force upon him the payment of a levy Mr. GAIR: The hon. member for that is going to be devoted to the funds of Belyando says that it does not give the right a political party in which he is not interested to work. That has been described as the 1992 Constitution (Declaration of [ASSEMBLY] Bights) Bill inalienable right of man. You can give that I am prepared at all times to uphold the right under the Bill of Rights but a man democratic rights of the people and a demo­ still cannot get a job until he gets his union cratic form of Government. I shall not deal ticket. I have no objection provided the with past history and the direction given to union does not presuppose that every mem­ the previous Government, apart from saying ber subscribes to some leftist policy or some that I refused to accept that direction because extreme industrial outlook. There are men in my view my responsibility was to the in industrial unions who belong to all people who had elected me. If the same set political parties. of circumstances arose tomorrow, I would still refuse to accept a direction from an Government Members: Hear, hear! outside body, and I make no apology for Mr. GAIR: They have the right to belong taking that stand. I should like to see the to the political party of their choice. It is breach healed, because, after the introduction not for some union secretary to say what of this legislation by the Government, I do political party a person should be in or how not know what we can expect in future he should vote or for whom he should work, if they are allowed to remain on the Treasury or how much he should subscribe to the benches. political funds of one party. I have a dis­ The Premier in the introduction of the tinct and definite objection to that form of Bill referred to the attempt to abolish the conscription. Perhaps something might be Upper House in New South Wales and to done in that conneetion, if not under this the action of a Labour Government in 1922 legislation then under some appropriate in abolishing the Upper House in Queens­ legislation. The Hursey case is an example land. I remind the Premier that the action of what can happen. We all know the taken in 1922 was endorsed by the history of the Hursey case and I do not people at each succeeding election until 1957 want to take up time in reciting the details. and, but for the division in the Labour Party A man and his son refused to pay a 10s. at that time, a Labour Government would levy that was struck by the Waterside still be in control of the affairs of this State. Workers' Union in Tasmania. They refused Mr. Ramsden: The people would not be to pay and we know what these men were as happy as they are now. subjected to. Only stout-hearted men could have withstood the pressure that was put Mr. POWER: I will not waste time on upon them. No Government came to their stupid interjections by those who have little aid. Nobody took advantage of any powers or no knowledge of democracy or the mean­ that may have been in the Stevedoring Act ing of the word. The Premier has said to give these men the protection they were many conferences have been held on the entitled to. They were forced out. subject, and that a prominent Q.C., Dr Louat, was brought into the discussion by the Gov­ Mr. Clark: They got a very good ernment. It is the responsibility of any collection. Government to obtain the best opinion on any subject, but I cannot ~ree that a Govern­ Mr. GAIR: Many people have got more, ment should have the right to bind another with less justification. They were entitled to Government, as the present Government are the collection, which showed the sympathy binding future Governments. of the people for men who were prepared We recently had a redistribution of elec­ to put up a stout fight to preserve a funda­ torates which was considered by Parliament. mental right of an individual in a demo­ A given number was set for the members of cratic country. If any hon. member of the this Assembly. The Government now have official Opposition can argue that those men the temerity to say that no future Govern­ were not right, all I can say is that he has ment shall have the right to vary the number departed a long way from my understanding of members of Parliament without reference of true Labour principles. to the people. Hon. W. POWER (Baroona) (12.48 p.m.): Mr. Nicklin: Nothing of the sort. This is the most amazing piece of legislation Mr. Hanlon: Not below 75. ever introduced into the Queensland Par­ liament. The Premier, when introducing the Mr. POWER: The number cannot be less Bill, said among other things that it was for than 75. Even in that way the Government the purpose of preserving our democratic are tying the hands of future Governments as institutions. To my way of thinking, the to the number of representatives who may be Government are bent on destroying them. elected. They were elected because of a division in Mr. Tooth: The minimum number. the Labour movement, as the people of Queensland realise. The Government are Mr. POWER: Even if it is a minimum in power because of that division. They have number, what right have they to tie the not a mandate from the people, as they hands of future Governments, particularly as received fewer votes than the combined Oppo­ they were elected on a minority vote? They sition. Although el_ected on a minority vote, are preventing future Governments from they have the temerity to tie the hands of repealing certain legislation. Their action future Governments on the introduction of is entirely wrong and I cannot under any legislation. circumstances agree with it. Constitution (Declaration of [9 DECEMBER) Rights) Bill 1993

The Premier went on to refer to a free It is a remarkable thing, as my Leader judiciary. Can anyone tell me of any inter­ pointed out, that the idea of a Bill of Rights ference with the judiciary in Queensland? was completely rejected as being impractic­ The only interference to my knowledge able and useless by the Liberal Party Con­ occurred when the Minister for Justice vention of New South Wales not so long amended the law applicable to the termina­ ago. That party decided they would not tion of the services of a judge. Supreme support the idea if elected as the Government Court judges were always responsible to of New South Wales-and they were not­ Parliament. The same should apply to the of bringing down a Bill of rights similar to District Court judges. Amending legislation that suggested by the Premier this morning. was brought down by the Government deal­ The Premier expressed his feelings on ing with these judges, but they are members the necessity for respect for Parliament of the judiciary despite the fact that it has and the maintenance of Parliament been stated that they are members of a as an institution but it is a pity that lower court. As I said, it was previously the he did not see fit to call a convention of right of Parliament to terminate the services people representative not only of all parties of members of the judiciary. I want to in the Chamber but of other sections of the know where there has been any interference community to consider the Bill. The Federal by the previous Government with the Parliament appointed a committee to consider judiciary. alterations to the Australian Constitution, and I am sure that most hon. members and the I agree with the view stated by the Leader people outside would say it was wrong that of the Opposition about the proposed amend­ an all-party conference was not called to ment of the Constitution of Queensland. I consider this Bill. remind hon. members that the Common­ wealth Government sougl}t the views of the When the Federal Government decided Government led by the hon. member for to appoint a committee to study suggested South Brisbane. There was an all-party con­ changes in the Commonwealth Constitution ference to discuss matters affecting the Com­ they saw fit to call on representatives from monwealth Constitution, so that all sections all parties in the Federal House. of the community would have the opportunity Mr. Power: We did it in Queensland, too. of expressing their views. On this proposed amendment of the Queensland Constitution Mr. HANLON: It has been done and it is there should have been an all-party the right course; but the Premier, though he conference. expressed such fine and noble sentiments this morning about the value of Parliament, seems If we examine the Bill from every angle it not to give the Opposition the right to exist. is nothing else than an attempt to protect The Menzies Government disappointed many the Government. The Government have people by not calling to the Constitutional not a mandate from the people; they Committee representatives from the States, are a minority Government tying the but at least they had representatives from all parties in the Federal Parliament, and the hands of future Governments. It is a Premier was very lax in not calling a com­ monstrous piece of legislation and I am mittee together before introducing the Biil. entirely opposed to it. It is over two years since he announced in the 1957 election campaign that he regarded l\'ir. HANLON (Ithaca) (12.57 p.m.): Many the matter as urgent, but in that time he has fine and noble sentiments were expressed by not seen fit to seek the co-operation of mem­ the Premier in relation to this Bill, to which bers of the A.L.P. and others interested in I do not think hon. members will take constitutional reform. exception. When we examine the remarks As my leader pointed out, though many of the Premier we find that the Bill is more fine sentiments have been expressed, there or less just a lot of window dressing for is a danger in trying to set down on paper the next State election. It is verging on what are ordinarily regarded as fundamental Christmas-time and the big stores such as rights. It is very difficult to incorporate in A!lan & Starks and McWhirters have started a written form the basic rights that the people to do up their windows for the Christmas of Australia and of the United Kingdom rush. The Government are doing the same have always respected. Anything that is left for the election to be held in four or five out immediately becomes an argument for months' time. They are starting to do their constitutional lawyers or others as to its validity. windows for the election and, as the Leader of the Opposition pointed out, they should be Mr. Morris: You know that the Premier ashamed of their actions prostituting liberty is having the Bill printed and left on the and democracy as a selling power to win table so that hon. members can study it the coming election. They are doing this from every angle for several weeks. in the hope that they can stir up a lot of Mr. HANLON: I appreciate that. Cer­ the old arguments and false innuendoes that tainly the people will have an opportunity to were traded around and directed particularly study it over the Christmas break, but it against members of the Australian Labour would have been much more democratic and Party in recent years. useful if the measure had been introduced 1994 Constitution (Declaration of [ASSEMBLY] Rights) Bill earlier so that it could have been given more Party in the Federal Parliament on several attention even on its introduction and so occasions, but without avail. The latest infor­ that the debate could have been taken at a mation I have to hand is that this woman more leisurely pace. still has received no satisfactory compensa­ tion settlement. Whether advice is taken from Dr. Louat or any other high constitutional authority, Mr. Ewan: What about your Government's one cannot guarantee to set down on paper acquisition of the Wandoan lands for soldier the rights that have been gradually built up settlement purposes? more on tradition than on anything else over hundreds of years, over a thousand years, Mr. HANLON: I do not know about that. in the United Kingdom. As far as I know the people who had land resumed for soldier settlement purposes were The Leader of the Opposition said, too, paid compensation. that parts of the Bill sound very good, but of how much value are they when it comes A Government Member: On 1942 values. down to the hard facts of preserving demo­ cratic rights? In the Soviet Union and other Mr. HANLON: It is much better to receive countries, which we would not regard as compensation on 1942 values than none at democratic as we regard Queensland and the all. It is all very well for hon. members Commonwealth, safeguards have been laid opposite to complain about the Wandoan down against intrusions into the democratic settlement merely because the land-owners rights of the individual, but we know they were compensated at 1942 values. are not worth anything as solid protection to the citizens of those countries. Mr. Duggan: It was land made available to men who had defended their country. If the Bill of Rights is to be effective in some of the respects mentioned by the Mr. HANLON: Yes. It is a long time ago. Premier, let us incorporate in it some other It is all very well for hon. members opposite very fundamental rights that are important to talk about 1942 values today. The resump­ to the people of the State. The right to tions were made more than 10 years ago. work is one. The right to own a home Is 1942 seems a long time ago now, but it was another. Then there is the right to have a not so long back when the land was acquired. home if you cannot afford to buy one­ The land was acquired for soldier settlers, the right of a man, his wife and family to men who had been fighting to preserve their have accommodation. Those matters could country. When they came back surely to easily be writen into the Bill, but they would goodness they were entitled to a piece of not mean anything. You cannot build homes land. or make jobs available or preserve liberties by writing provisions on a scrap of paper, I challenged the sincerity of the Premier printing them and passing them through a earlier today when I asked him a question legislative assembly. They are fundamental about the tapping of telephones. It has not rights. The democratic rights the Premier has been denied by the Commonwealth Govern­ described in particular in connection with ment that the practice of tapping telephones the Bill cannot be preserved any more by goes on all over Australia. When I asked this type of measure than the right to work the Premier if he would make representations or the right to own a home, which so many on behalf of the people of Queensland to the people do not enjoy under this Government Prime Minister because repeated questions in Queensland today. I was somewhat in the Federal Parliament have had little amazed to hear the Premier refer to the effect, I thought as a responsible member of dangers associated with the unfair acquisition the Country Party and Premier of Queens­ of land. No doubt he was referring by innu­ land he might be able to make stronger endo to the policy of the Australian Labour representations. Party in this regard. The most outstanding Mr. Nicklin: If you can give me any evi­ example of unfair acquisition of land and dence that it is going on I shall be very dictatorial administration has been given in happy to do so. the last few years by the Menzies Govern­ ment, the political colleagues of members Mr. HANLON: If the Premier is so inter­ of the Country-Liberal coalition Government ested in protecting the rights of Queens­ in Queensland. I have not the full details landers by introducing legislation that he of the case-I shall get them during the recess alleges will have this effect, let him do some­ and present them to the House at the second thing about the intrusion into rights, no matter reading stage-but there is a woman who where the intrusion may come from-the owned land in Queensland and the Northern Communist Party, the Liberal Party, or any­ Territory that was resumed by the Common­ one else. He says that if I give him evidence wealth Government three or four years ago he will be happy to do something about it, because it contained deposits of uranium or but the very objectionable feature about tele­ some other mineral. Over the three to four­ phone tapping is that people do not realise year period the Commonwealth Government that their telephones are being tapped. For have completely ignored her claims for com­ that reason it is very difficult to place con­ pensation. They have refused to acknow­ crete evidence before the Premier. Hon. ledge her existence. The matter has been members have only to look at Federal "Han­ raised by members of the Australian Labour sard" to see that the Prime Minister has Constitution (Declaration of [9 DECEMBERj Rights) Bill 1995 admitted that telephone tapping does go on. Members on the cross Opposition benches We realise that occasionally for security pur­ and others left the A.L.P. because they poses there may be a need to tap telephones, would not support the introduction of three but the Prime Minister has not satisfied the weeks' annual leave. The people decided Federal Opposition or indeed many of his their future and 11 out of 24 were returned own colleagues in Canberra that there are to this Parliament. After the next election adequate safeguards. I bring this matter very few will remain. Gradually the people up to show how the Premier is not sincere will displace them. When the hon. member in his approach when he talks about the for South Brisbane says that the Q.C.E. of preservation of rights. He is interested in the Australian Labour Party were dictating bringing a Bill of this nature down only as to members of Parliament he is talking a lot a means of window dressing for the election of claptrap. If the people wanted to retain campaign and to give hon. members oppo­ the Q.L.P. they would not be sitting on the site an opportunity to tell people about the cross benches today. They had the oppor­ alleged dangers of the policy of the Aus­ tunity to secure a majority of seats in this tralian Labour Party. When it comes to his Parliament the same as any other party. doing something practical to provide safe­ The Members of the A.L.P. who formed the guards he wriggles out from under. Q.L.P. went to the poll in 1957 and were defeated; only 11 were returned in a House Reference has been made to the right of of 75 members, which indicates that they political parties to inform their members did not get much support from the people. of what they think should be the policy car­ The Australian Labour Party did not secure ried out by the Parliamentary section of sufficient votes to get a majority, but I the Party. Some members on the Opposition believe we will in the future. The principle cross benches said that members of Parlia­ at issue is that any direction given was ment had been dictated to by the controlling given to individuals as members of the body of the A.L.P. in regard to the matter A.L.P.-not as members of Parliament. of three weeks' leave. That matter has been talked over and the background of it has Mr. Hart: Given to the Premier. been made clear. I will not spend much time on it today nor during the coming election Mr. HANLON: It was not given to him as campaign. But I do say this: any direction Premier any more than to any other mem­ given by the Queensland Central Executive ber of Parliament. They were merely told, to people as far as three weeks' leave was "If you want to remain a member of the concerned was not given to them as mem­ Australian Labour Party you will carry out bers of Parliament. No political party can the policy of the party. If you do not you force a Member of Parliament as to what can stand as a member of some other party." he should do. All that was said to mem­ It will be interesting to see whether there is bers of the A.L.P. was that if they wanted a Liberal candidate in South Brisbane and to remain members of the A.L.P. they would Mundingburra. Talking about direction, it support the issue of three weeks' leave. It is only a couple of weeks ago when we had is not possible to tell a member of a politi­ the spectacle of members of the Liberal cal party whether a Liberal Party or Labour Party being directed to leave the joint meet­ Party that unless he supports this he will ing of the Country Party and the Liberal not be a member of Parliament any longer. Party and to go to the headquarters of the The only people who can say whether he Liberal Party at Wickham Terrace, where will continue to be a member are the they were told what they were to do. Surely people who elected him. The Q.C.E. did say the parliamentary section of the Liberal to members of the A.L.P. that if they wanted Party is important enough that it should not to continue as members of the A.L.P. they be compelled to withdraw from a Caucus would carry out the plank of the party. meeting of the Government parties to troop What has the Liberal Party done to the hon. up to Wickham Terrace to be directed by member for Kurilpa. It decided that he the executive of the Liberal Party outside would not be a member of the Liberal Parliament. Hon. members on the Govern­ Party team. ment side talk with their tongues in their Government Members: No. cheeks when they speak of direction by out­ side parties. It is not so many years ago Mr. HANLON: If hon. members oppo­ that the Country Party member for site would give me time to complete my Maranoa, Mr. Russell, was virtually expelled sentences I might be able to get something from his party. through the vacuum at the top of their heads. As far as the political party is con­ Mr. Heading: You made a mistake on cerned, Mr. Connolly is not going to be a that one before. Liberal candidate for the next State elec­ tion, but that does not prevent him from Mr. HANLON: He beat the gun by a deciding to stand as a candidate. He split second, by resigning, because he accepted the decision of the Liberal Party, violently disagreed with the policy of the but if he wanted to resign from the Liberal Country Party and particularly Sir Arthur Party and contest the seat the people of Fadden on the devaluation of the Australian Kurilpa would decide whether he would pound. Examples of that type of thing remain their member or not. could be given for all parties. 1996 Constitution (Declaration of [ASSEMBLY] Rights) Bill

Finally, the Premier referred to the main­ Mr. HANLON: The minimum number ot tenance of an independent judiciary. The electorates will apply only to the State of Government in their two years of office have Queensland as it is today? already moved to restrict to a certain extent the independence of Dist~ict Court judges. Mr. Nicklin: As at present. When the legislation to establish district courts was introduced a year or so ago 1.\>Ir. HANLON: I am pleased to have that we found that District Court judges were not assurance, because I think it would be rather solely responsible to Parliament, like judges ridiculous to have that number of electorates of the Supreme Court. The Premier can in a State of considerably smaller size. get up and say that he finds it necessary to protect the independence of the judiciary, Mr. BURROWS (Port Curtis) (2.37 p.m.): but he did not find it necessary to protect We have had only repetition and recapitula­ the independence of judges of the District tion of the humbug and hypocrisy which has Court when Opposition members suggested been characteristic of anti-Labour Parties ever that they should be on the same footing as since the formation of a Labour Party. All judges of the Supreme Court. He refused this talk about a Bill of Rights is sickening. to accept the suggestions put forward from Those who are harping and preaching about this side of the Chamber for that purpose. rights are practising as many wrongs on the people as could be imagined. We have On going through the arguments of the almost reached the point when the public's Premier, I find there is very little in his case tolerance will be exhausted. that is more than pure election advertising, In talking about a Bill of Rights, let us and very few Government members have consider the happenings during the last few taken the opportunity to support him. The weeks. The hon. member for Gregory drew Q.C. from Mt. Gravatt is scribbling away. a block of land for which there were 1,100 We may be able to drag him to his feet, applicants, and for other blocks of land as but the other Government members seem many as 1,800 and 2,000 applicants have to be very reluctant to support the Premier's participated in the ballots. case for the introduction of the Bill which the Premier described as a major proposal Mr. Ewan: How many were in for the affecting our Constitution. On a measure block you drew? of this magnitude, as the Premier described it, I should have thought that he would have Mr. BURROWS: One, and another one. the support of Liberal and Country Party I do not begrudge the hon. member for members but so far we have not seen any Gregory his good fortune, but what of the Government member who was anxious to get 1,099 disappointed applicants, all of whom the call. were Australian citizens and all of whom I doubt whether we will hear from many of are thoroughly screened. There were 1,100 them, because they realise as we do that this applicants in the ballot, but there would be proposal which was included in their policy ten times as many keen to participate in the speech two years ago was left in abeyance ballot who did not do so because they knew and has been trotted out now only for they would be screened out of it. election propaganda. I do not think the Bill will create a great deal of interest. The Mr. Ewan: That is supposition. people are not going to say, "By jove, Frank Nicklin's looking after our rights. He has Mr. BURROWS: It is not supposition at introduced a Bill of Rights!" When they all. Certain conditions were imposed. Any look at it they will realise that there is very man over 55 could not participate in the little in it of interest to them. ballot. Applicants have to satisfy the authorities as to their physical and financial The Premier has seen fit to include in the capacity as well as experience to work a Bill a provision limiting action by a future block of land. Government except by approval of the people given at a referendum. It is a wonder the 1\>Ir, Ewan: No such thing. Government which obtained only a 43 per cent. of the votes did not see fit to hold 1\>Ir. BURROWS: Nobody knows it better a referendum on the Bill, which restricts the than the hon. member who handles the truth number of electorates to a minimum of 75. so carelessly. Nobody knows it better than The Premier said that the creation of new the Minister for Public Lands and Irrigation. States would not affect the maintenance of Those men have no opportunity of holding Parliament at a strength of 75 electorates. a block of land in this country. The same Government have passed legislation, as I Mr. Nicklin: It will not apply. pointed out the other day, which will allow Khrushchev and his agents to buy unlimited Mr. HANLON: Does the Premier mean areas of land in the State on a freehold basis. that if the Central and Northern portions of What is more, they will not be required to the State are separated into new States that live here. Let hon. members opposite get up the legislation will not apply to what is left and talk about this Bill of Rights; they should of Queensland? not sit like cowards. They have not the Mr. Nicklin: The minimum number of intestinal courage to defend the measure electorates. because they know it is indefensible. The Constitution (Declaration of [9 DECEMBER] Rights) Bill 1997

Premier knows that this Bill is only hypo­ exercised their democratic rights. Could we crisy. What about the rights of the Australian­ make any pretentions to democracy if I born citizen to hold land? Why should could not walk across the Chamber and vote our land be made available in big areas to with the Government or walk across and the big money-lords? vote on my own, not necessarily for the Government, or stay here and vote with the Mr. Roberts interjected. Opposition just as I chose? Nobody was Mr. BURROWS: I am sorry for the hon. dictated to. Hon. members, including me, member. I expect from the more intelligent went to a convention and nobody voted any members of the Government something better more solidly than I against the proposition than what the Premier has "dished" out here that allegedly brought about the resignation today. The Bill has been brought in at of certain members of the Labour Party and the eleventh hour in the dying months of the expulsion of the then Premier; but a this Government's reign. They harped about majority decided that, and if a majority it for three years. If there is so much advant­ decision is not to be accepted, democracy is age to be gained by it, why was it not being sacrificed; it is only humbug to talk introduced on the first day they become the about democracy if we cannot accept a Government? Why have the people been majority decision. That incident bears no denied these rights for the past three years? relation to the Bill. The hon. member spoke of the possi­ Mr. Hodges: Because we had so much bilities of a bloody revolution. Talk like to clean up. that may be all right on the soap box down Mr, BURROWS: And your Government on the domain and rabble who talk like that made such a mess of the cleaning up that you can influence some people, but we are in made it messier. This is all pious talk and, this Chamber because we get the most votes although we have not seen the Bill I should on polling day. Whether we belong to the be surprised if there is anything in it that Liberal Party or the Labour Party or the is not a reiteration of what we already enjoy. Country Party or Independent Party or any I should not be surprised if it did not take other party or if we belong to no party at away something from us. Is any protection all, we are elected under a democratic being given to public servants against their system. It is no . good indulging in transfer within the next six months if they histrionics and soap-box oratory and talking decide to become Labour candidates at the about a bloody revolution. forthcoming elections? Hon. members of The worst revolutions of all are bloodless. the Government cannot laugh that one off. I honestly believe the Australian people In 1932 two prominent members of the suffered much more in the bloodless revolu­ Public Service, Messrs. Baker and Copley, tion of 1929 to 1932 than they did from were transferred to Cunnamulla and Charle­ both world wars. Hon. members should not ville respectively. rush in with wild statements. I can under­ A Government Member: Who did that? stand the hon. member for South Brisbane and I forgive him. I understand his feelings Mr. BURROWS: The Moore Government, of frustration when he attacks union officials the political ancestors the hon. member so and the union movement. I am not ashamed worships. to admit, and God forbid that I shall ever be, that if it were not for the trade union The CHAIRMAN: Order! I ask the hon. movement I would not be in this Assembly member to address the chair. today and my children and I and thousand~ of other families throughout the State would Mr. BURROWS: I would have a more not be enjoying the high standard of living intelligent audience if I did. I should like they enjoy today. Moreover, it will be the Premier to answer my question. through the trade unions and the Labour I hope that we of the A.L.P. are big movement that that standard will be raised enough to forgive the hon. member for South to further heights. I sincerely hope I will Brisbane. We were always taught to speak never live to see the day when I will scorn well of the dead, and if the Q.L.P. is not the base degrees by which I rose to where dead, it is a dying body. I sincerely hope I stand. I can respect that teaching of my parents. If a trade union official is supplied with Let me tell the hon. member for South a motor-car by the elected members of his Brisbane that 19 A.L.P. members of this union, what has that to do with the hon. Parliament, not 22-and I emphasise that­ member for South Brisbane? Did not the exercised their democratic rights by voting taxpayers supply him with a motor-car and in a certain way in this House. a driver for a number of years? That was Mr. Gair: They voted for the glory of one of the "perks" of his office and I can­ the Country-Liberal Party and the defeat of not see any qifference between the "perks" the Labour Government, something they will of a trade union official and the "perks" of never live down. a Minister of the Crown. The hon. member said a trade union Mr. BURROWS: If the hon. member will should be stopped from contributing to restrain himself for a while I will elaborate political funds. Let me tell the hon. member on the matter. Those 19 hon. members for South Brisbane that at the last elections 1998 Constitution (Declaration of [ASSEMBLY) Rights) Bill

I contributed to the Q.L.P. funds. I did Mr. BURROWS: I rise to a point of order. that-and I do not want the money back­ I understood the hon. member for Mt. as a member of the Clerks' Union. After Gravatt to say I was a member of the Q.L.P. the election the fees went up to £4 a year, for 72 hours. I have repeatedly denied that, but I am proud to pay the £4 a year because and the hon. member knows it. I ask for I received a benefit from being a member the withdrawal of the remark and that the of that union at a time I needed it when hon. member refrain from repeating it. I was pushing a pen for a living. I received The CHAIRMAN: Order! I did not hear the benefit and protection of the union when the hon. member for Mt. Gravatt say that I wanted it. I would be an ungrateful the hon. member for Port Curtis was a mem­ animal if I did not continue to pay my ber of the Q.L.P. for 72 hours. If he did membership fee even though a small amount make that statement it is apparently offen­ of it goes to Q.L.P. funds. sive to the hon. member for Port Curtis and I ask him to withdraw it. Mr. Gair: That is not true. Mr. HART: What I said was that the hon. Mr. BURROWS: Probably the funds will member for South Brisbane interjected that be used to support a candidate to oppose me, the hon. member for Port Curtis was a but these things happen. We have to be member of the Q.L.P. for 72 hours. What big enough to realise that it does not matter I said was if that was true that is why the a great deal. Apparently the majority of hon. member paid money to the Q.L.P. the members of the Clerks' Union are Mr. BURROWS: I rise to a point of order. satisfied with it although as a member of I point out that as a member of the union the union I would vote against it. However, which supported the Q.L.P. I indirectly sup­ if the majority are prepared to accept that ported the Q.L.P. decision I am not going to lodge any com­ plaint. For 30 years I have not been under The CHAIRMAN: I ask the hon. member any legal obligation to pay any fee to the for Mt. Gravatt to accept the denial of the Clerks' Union but I consider I have a high hon. member for Port Curtis. moral obligation to continue my membership because when I was a clerk as a result of Mr. HART: Very well. The principal their efforts I received improved remunera­ reason for the introduction of such a Bill tion. is found in the attitude of the hon. member who leads the Australian Labour Party in If the Bill contains a provision that this House. We were told by the hon. mem­ promises to make only one person happier ber for South Brisbane that in 1957 there was a serious threat to Parliamentary and none unhappier than they are at present, Government in Queensland. The reason why I am prepared to support it. But knowing it was serious was because the hon. gentle­ the background of the Government and the man who leads the A.L.P. stated openly that long delay in the introduction of the Bill, he was prepared to accept outside dictation particularly with an election in the offing, -wisely or unwisely. I think that it is just so much window~ dressing and a repetition of a lot of cant, A.L.P. Members interjected. humbug and hypocrisy. Mr. HART: The hon. gentleman said that Mr. HART (Mt. Gravatt) (2.55 p.m.): We he would do what he was told. That indi­ cates the necessity for this Bill. Let us not have heard three members of the A.L.P. and think that Parliamentary Government cannot two members of the Q.L.P. speaking on this be destroyed. We have developed this very important measure. We have heard the system of government after years of struggle Leader of the Opposition tear his passion to on the part of our ancestors. Before we tatters and scream hon. members out of the acquired this system civil war raged in Chamber but he did not tell us whether he England for many years, and King Charles supported the Bill or not. He screamed and had his head cut off. Then the struggle yelled but he did not say whether he sup­ continued between the Crown and Parlia­ ported the Bill. He is having two bob each ment, and ended with the first Bill of Rights; way as usual. and there has been a constant struggle since to extend the franchise. Twice in our life­ The hon. gentleman has been told by time we have had to defend this country the Premier what is in the Bill, but against aggression. We have had to struggle with all his screaming he did not tell us not only against outside dictation but against whether he supports it, nor have his inside dictation. The history of societies shows supporters. The hon. member for Port that a society is never static: it grows and Curtis has told us that he contributed to develops all the time. We have to struggle the Q.L.P. funds. The hon. member for to keep what we have won for the next South Brisbane interjected that he was a generation. The happenings in 1957 indicate member of the party for 72 hours so he our liberties can be threatened and destroyed. probably did contribute to the funds. A.L.P. Members interjected. Ooni:Jt•it'ution (Declaration of [9 DECEMBER) Rights) Bill 1999

Mr. HART: An hon. member is sitting on The hon. member for Baroona spoke at the cross Opposition benches because he, the great length. (Laughter.) I mean the hon. honourable member for South Brisbane, was member for Ithaca. strong enough to stand up to that dictation. We know that he opposes dictation of all Mr. Power: That is objectional to me. kinds. I want it withdrawn. A.L.P. Members interjected. The CHAIRMAN: Order! The CHAIRMAN: Order! I had occasion Mr. HART: I withdraw my remark about this morning to ask hon. members to refrain association between the hon. members for from persistent interruptions. I should be Ithaca and Baroona. obliged if hon. members on my left would I was going to say that he dealt with cease interrupting persistently and allow the district courts and accused the Government hon. member for Mt. Gravatt to continue his of destroying the judicial independence of speech. district courts. But what the hon. member overlooked was that the terms on which Mr. HART: The Leader of the Opposition judges of the district courts can presently be waved his arms all over the place and said removed are the self-same terms on whicll that the Russian Constitution has many they could be removed when district courts guarantees of constitutional liberty but they operated previously. have no constitutional liberty in Russia. Of The District Courts Act is based on the course that is true. No constitution in itself English County Courts Act of 1846. After can preserve the liberties of the people. The 1846 district court judges in England have people must be vigilant to see that their been removable, I think, by the Lord constitutional liberties are not transgressed. Chancellor, not by the resolution of both You can write all the fine things you like Houses of Parliament. All we have provided into the Constitution as was pointed out by in the District Courts Act are the terms on the Leader of the Opposition, but that is not which they have always been removable. sufficient. On the other hand, you can have a democratic people and a democratic Con­ Mr. Hanlon: You will agree they are not stitution, but it can be gradually whittled as independent as Supreme Court Judges? away day by day. Bills such as this are designed to prevent that from happening. Mr. HART: They are just as independent as district court judges when district courts This Bill will prevent the acquisition of operated previously and before the courts property on unjust terms. The Labour Party were destroyed, and just as independent as has attempted to do that, despite the denial similar judges in England are at present. of the Leader of the Opposition. He admit­ The Bill enables the people to express ted he knew about it afterwards. The Labour their will. The fundamental rights covered Party within the last few years attempted to by the Bill cannot be destroyed without the acquire property from people on unjust assent of the people. terms. Under the Bill that will not be As Dicey points out, there are two types possible. The High Court declared that of Constitution, a rigid Constitution which New South Wales legislation similar to the cannot be altered, except in a certain man­ Queensland legislation was invalid. In ner, and a flexible Constitution. The Con­ Queensland the Government took land from stitution of Great Britain is a supreme people in the Taroom district on unjust example of a flexible Constitution. There terms. In 1945, 1946 or 1947 they took it is nothing fixed that Parliament cannot alter. on 1942 values, after inflation had operated. In France there have been about 30 Con­ stitutions, all of them inflexible and all of Their action was most unjust, yet under the them that have been altered-all of them Queensland Constitution the Government destroyed. My point is that if a Constitution could not be prevented from taking it. is too rigid it will go down, but Queens­ land's Constitution combines the benefits of The Leader of the Opposition got up and both the flexible and rigid Constitutions. The challenged anyone to give him one example Commonwealth Constitution is rigid, as is of unjust acquisition of land. Later by his the Constitution of the United States of interjection he showed that he was aware America, but tl:tey are not completely rigid of the injustices perpetrated in the Taroom in that they cannot be altered. district. I say therefore that the hon. gentle­ The Bill merely says that certain funda­ man knew all about it, and equally he knows mental rights cannot be altered without the that this legislation is necessary. He has, to consent of the people. What could be more date, been careful not to say whether he democratic? It gives the final word to the agrees with it or not. people. I do not see any need for the howl­ ing we have heard from the Opposition. Mr. Dewar: He will vote for it. He is Possibly they are thinking of tire way in sitting on the fence. which they took away the Upper House in 1922. The Labour Government of the day Mr. HART: He is having two bob each disregarded the will of the people. They way. He has not declared himself. had a referendum on the abolition of the 2000 Constitution (Declaration of [ASSEMBLY] Rights) Bill

Upper House in 1919, or perhaps before that talk too much about all the things that time. Although tire people voted against it, might happen to the judiciary or might hap­ nevertheless the Government of the day pen under constitutional headings because, removed the Upper House. My point is that after all, I think our freedoms in the past under the Bill they will not be able to act have been fairly well safeguarded. The rights in future in that arbitrary fashion. The will of a substantial section of the community of the people will be heard before they can have not been safeguarded to any great take similar action. extent and, in my opinion, have not been considered sufficiently. If the Premier and Mr. DUFFICY (Warrego) (3.9 p.m.): We his Government want my support they will have listened to a most remarkable get it only if they safeguard those things I speech-- mentioned-the rights of every person to a Government Members: Hear, hear! decent living in the community, their rights to economic security, and their rights to live Mr. DUFFICY: Remarkable, particularly their lives in happiness. as it emanated from a Queen's Counsel who, after all, we would regard as having average Mr. DONALD (Bremer) (3.14 p.m.): The intelligence-or we hope would have aver­ hon. member for Chermside saw fit to make age intelligence. After listening to the hon. some remark as I rose to speak. I do not member I think that after all perhaps a know what it was, but if he thinks he can Bill of Rights might be necessary in this harass me or prevent me from exercis­ State to safeguard the people if some ing my democratic right to speak in this Government committed the cardinal blunder Chamber he is making a mistake. If it is of elevating him to the judiciary. He said the intention behind this Bill of Rights. that the Leader of the Opposition did not and he would speak with the authority of indicate his attitude to the Bill. Surely, as a his party-- legal man, he would not expect any intelli­ gent person to make up his mind in connec­ The CHAIRMAN: Order! I do not know tion with any Bill until he had the oppor­ to what the hon. member is referring, but I tunity of studying it! The hon. member suggest he proceed with his speech. apparently thinks that we on this side should make up our minds, and indicate our deci­ Mr. DONALD: I take exception to the sions in the absence of evidence. That would silly nonsense displayed by some who are be completely ridiculous. I think it was supposed to be responsible members of this George Bernard Shaw who said-- Chamber. Mr. Knox interjected. In introducing the Bill the Premier without Mr. DUFFICY: The hon. member would any doubt tried to wax very indignant and not get into his party; he was far too intel­ make it appear as if someone or something ligent. George Bernard Shaw said that the was threatening the rights of the people of poor and the rich man had an equal right the State and that he was going to protect to sleep under a bridge on a wet night but them by the Bill. He did not explain any of it was a right exercised only by the poor the dangers besetting the people or likely to man. That is pretty true. They both have beset them. the equal right of sleeping under a bridge As my Leader said, a written constitution on a wet night, but only the poor man would does not guarantee the people any freedom exercise it. I have not heard any hon. mem­ or protection against revolutionary action. ber opposite say which person had the right All the written constitutions in the world to happiness and to economic security. All have not prevented the people of nations people willing to work have the right to be from rising in revolt and getting rid of their engaged in useful employment. I wonder masters when economic conditions demanded if there is any mention of employment in it, when it became necessary for them to this Bill of Rights! If there is, I for one get rid of their oppressors. No piece of am prepared to support that section of it. legislation will stand the test of time or We can get into all sorts of constitutional ultimately stop the forces of progress and arguments. There is a tendency on the part prevent the workers from coming into their of the Government and the Q.L.P. to engage legitimate rights. members of the A.L.P. in dogfights over this question. I am not going to tumble The hon. member for Mt. Gravatt said into that. I will not engage in a dog­ that the Constitution of Great Britain was fight because I do not think it gets down flexible and not written. That is perfectly to fundamentals. When we speak about a true. It is for that reason that we of the Bill of Rights I am concerned chiefly about British Empire are the freest people in the the people we on this side represent, not the world and have been for centuries, and that people represented by hon. members oppo­ we have been able to make such economic, site. I am concerned about the under­ social and cultural progress. The Common­ privileged section of the community, their wealth Constitution, based largely on the rights to a decent living, their rights to United States Constitution is not so flexible economic security, and their rights to happi­ because it is written and that is why progress ness. When we speak about rights, let us has not been as great in Australif! as it might consider those aspects and do not let us have been. Moreover, it is because it is Constitution (Declaration of [9 DECEMBER] Rights) Bill 2001 written that it has proved such a profitable Commonwealth, in the Commonwealth source of income to the legal fraternity of sphere and in the Mother Parliament. If Australia. there was one thing I gleaned from the What is the freedom that we have lost? Premier's speech it was a nostalgic regret What is the protection that the Premier thaJt they had lost the upper House m Quet:ns­ sought to impress on the minds of hon. land and that they would like to find some members and the people outside that this way to restore that House of privilege on Bill will be able to provide? The Premier the same franchise as when it was wisely was silent on these questions. I agree with abolished in 1922. But in advocating that­ the hon. member for Ithaca that the Bill and they do it cunningly-they forget that is merely window-dressing for the next State the anti-Labour Government in New Zealand elections. As the hon. member for Ithaca saw fit to give the Dominion of New Zealand said, that is the main reason for good government by getting rid of the Upper the Bill. It is true that it was in House. No-one can truthfully say that any the Government's policy speech. The people of the dreadful things that members of of Queensland have been waiting for the political parties that now constitute the them to redeem their promise in this direc­ Government of Queensland claimed would tion as in every other direction. It is being follow the abolition of the Upper House introduced at a time when hon. members have happened. The Parliament of Queens­ will not be allowed to give it the considera­ land is much more democratic than it was tion they ought to give it before the Parlia­ when we had the Legislative Council and ment rises. it is much more democratic than the Gov­ ernment in any of the Australian States. Mr. Nicklin: Why not? The Premier said that the Bill will mean Mr. DONALD: The Premier knows as one man one vote. But who won the privi­ well as I do. But what have we lost? I am lege of one man one vote in Queensland or prepared to admit that we have lost pro­ anywhere else? Was it the Liberal Party or tection. We have lost the protection their forebears? Was it the Country Party that gave the people of this country or their forebears? Of course not. The mem­ some assurance that they would not be bers of the Australian Labour Party, by their exploited beyond reason. The Premier intro­ agitation and determination won the adult duces this legislation to preserve the rights franchise. How are members of the of the people but by curtailing the activities Upper House elected in the other of the Fair Rents Court, if not in effect States and the Commonwealth? Can they abolishing it, his Government have taken boast of a democratic franchise like we important protection from the people. Is it can in Queensland? Who are the Govern- not a fact that people now find it almost ment in Queensland responsible to? The impossible to pay their rent because the pro­ people and the people only. They tection of that court has gone? Is it not true have not to depend on the mercy of also that protection that was afforded the members of the Upper House. They go to people by the operation of price control the people with a policy speech. If they has been taken from them until it is almost fail to give effect to their policy speech they impossible for a basic-wage earner to keep have no excuse. They cannot say, "If it his family in the way he would like to? It were not for the fact that we have a hostile is impossible for a working-class man to Upper House we would have given you what house, feed and educate his children as he we promised in our policy speech. would like to do and in equality with those We would have dearly loved to have in other strata of society. We have lost put our programme into operation but that protection; but the Bill of Rights is not the members of the Upper House were very going to restore it and, as the hon. member hostile and we just couldn't get the legisla­ for Port Curtis said, it is all humbug, cant tion through." That can happen with every and hypocrisy in its worst form. Government in Australia, but it cannot If the Government are so concerned with happen in Queensland. That we are demo­ the liberty of the subject and the protection cratically governed is to the credit of the of the people that they must bring in the A.L.P. Bill, let them put into operation first the The hon. member for Mt. Gravatt said that Universal Declara1ion of Human Rights in the Legislative Council in Queensland was the United Nations Charter. That can be abolished undemocratically. If he says that he introduced without specific legislation. Who either says it not knowing how that House was responsible for the United Nations' was abolished or he is prepared to try to gain Declaration of Human Rights. Did not the some political capital out of telling half­ members of the Labour Party play a very truths. It is true that the referendum to important part in framing it? Did not Dr. abolish the Upper House was turned down Evatt, as Australia's representative on the by the people. It is equally true that the United Nations, guide those who were Labour Party was courageous enough at the responsible for its preparation? Yet hon. next election to say, "If we are returned members opposite would have the people to office we are going to abolish the Upper believe that the Australian Labour Party House." What Labour promises Labour ful­ are not fit to govern them in spite of fil~ and having obtained a mandate from the their proud record in every State of the electors the Upper House was abolished in 1959-3s 2002 Constitution (Declaration of [ASSEMBLY] Rights) Bill

accordance with our policy speech. It was for Mt. Gravatt-that we are threatened in abolished under the Constitution and under Australia. Every country is threatened by the governing body of the State. Members invasion at some time or other, be it by ideol­ of the Upper House voted themselves out ogy or armed forces. Every day in the year of existence. If that was a democratic form we may meet and pass resolutions, but thest; of government how could that action be resolutions and Bills on human rights will termed undemocratic? not prevent the country from being invaded When outlining the proposed Bill the by an armed force or a foreign ideology. The Premier said that property rights would best weapon to combat an armed force or be protected, that no property would ideology invasion is a happy and contented be resumed without adequate compensation people. You cannot have a happy and con­ being paid. Neither he nor any hon. member tented people unless everybody is in work and of the Government can answer the challenge education is available. to every child. Until of the Leader of the Opposition to give one we can organise a society in which there will instance where that principle has not applied. be work for all and to which everybody will There is another way to look at it. The be able to make his contribution we will Premier was very anxious to protect the inter­ always have the threat of some ism or other. ests of property owners, that their property If we want to strengthen our economy and was not to be taken away unless they got the remain a solid bloc we can do so by organis­ price they wanted for it. What about the ing our people. The most effective way to do commodity the working people have to sell, that is to see that everyone is in useful the commodity that they must sell in order employment happy in their work, and enjoy­ to live, to buy a home, to clothe themselves ing a high standard of living. It is and their families, to feed and educate them? admitted by everyone that we can There is nothing in the Bill to guarantee produce more than we want. 'vVe have men and women who are anxious to work had gluts this season and there were droughts that they will find gainful employment. They in some parts. What did we do with the only want to live as decent human beings. surplus production? Was it sent to feed the Whether there is a Bill of Rights or teeming millions to the north of Australia? not, whether there is a Constitution or No, we ploughed it back. Pineapples and not, whether it is flexible or inflexible, sugar cane were left in the field. The every man, woman and child in the people have not benefited by the gluts. Th~ world has the right to live and the right to retail price for sugar and pineapples has not live under decent con.ditions. All the been cheaper. We did not give the commo­ constitutions that may be written dities we over-produced to people outside. will not guarantee or provide that A Government Member interjected. right while we tolerate the present social system. Let us introduce legislation which Mr. DONALD: It is suggested that charity will guarantee equality of opportunity. I begins at home. There are many hungry think you will admit, Mr. Taylor, that no­ mouths in Queensland, and it is a crying one who is prepared to work should be denied shame that this Bill will not improve their the right to work. I do not make a plea position nor protect us against invasion from for those who want to be idle. There is no abroad. place for a man or woman who has no urge Mr. Hiley: Do you suggest because people to work or who is too indifferent to their duty are unhappy at home there is a greater risk to society to do useful work. At the same of invasion? time there is no excuse for not making use­ ful work available for all the men and women Mr. DONALD: If we have a discontented in the community. There is no reason why and hungry population there is a grave the child of the humblest person should not danger that we can be invaded by a foreign have equal opportunity to enjoy the best ideology. things of life. It is said that we have free Mr. Hiley: That is what I thought was education and hospitalisation. Perhaps the your point. Would that explain why Germany Government take credit for that. What we invaded Russia? have is the result of the agitation and struggle by trade unions and the Australian Labour Mr. DONALD: From a military point of Party. Without that struggle it would be a view, it is well known that Germany invaded sorry world for the people of the working Russia in order to destroy one of the best class. We must keep our organisation intact allies the British Empire had at that time and functioning smoothly in a democratic before she turned her attention to Great manner. I did not hear any word from the Britain. In doing so they made a Premier that he was going to give protection fatal mistake, as they were engaged in to the democratic trade unions in the Bill of war on two fronts, and any authority Rights.. There was not a word suggesting would admit that to do so is suicidal, protectton for the unions or unionists, but but Hitler and his fascist friends were there was a carefully phrased principle for confident they could destroy Communist the protection of property owners. A great Russia. They thought that all they had to deal has been said that could have been left do was to walk into Russia and neutralise the unsaid. I do not see any justification for the Russian Army, Air Force and Navy, and introduction of the Bill. Some hon. mem­ then switch their attack against the British bers said-it may have been the hon. member Empire. They thought it would be easy, but Constitution (Declaration of [9 DECEMBER] Rights) Bill 2003

they failed, and they failed through the the number of electors by the number of heroic resistance of the people of the Soviet electorates. This may, or may not, result Republic of Russia. Mr. and Mrs. in one man-one vote-one value. In a Churchill paid tribute to the Russian State of vast area such as Queensland with people for the help given to the its sparse population, I do not know how the British Empire. I know these statements system will work. have nothing to do with the Bill, but I make If my assumption is correct, I am surprised them in reply to the question by the that a Country Party Premier has been willing Treasurer. to surrender to the City of Brisbane sufficient If we are a contented people and have seats virtually to guarantee Brisbane control all the shelter, the clothing, and the food we of Parliament. That is what will happen if need, and all the leisure we require, and we the number of electors is to be divided by use that leisure to the best of our ability, we the number of electorates. It must follow will be a strong nation and will be able to that the provision will strengthen the voting resist military and ideological invasion. power of the City of Brisbane in Parliament. The Premier when introducing the Bill I can remember the late Ned Hanlon at said the courts would be free, that the salary the time of the 1950 redistribution saying, of judges would not be reduced during their "There will be 24 seats in Brisbane and term of office, and that they would be representation from the metropolis will retained until they reached the age of 70 remain at that figure, as I do not want to see years. Why the distinction between the people in the State of Queensland the position that generally and members of the judiciary? has developed in the Commonwealth, where Judges are given a guarantee of employment the highly populated States of Victoria and until they reach 70 years. I am not arguing New South Wales are influencing the against that. If there is a depression they decisions and policy of the Commonwealth will not be asked to make a financial sacrifice, Government." We should resist that ten­ but will retain the salary they have been dency to the utmost. I should like to getting during the period of inflation. I remind the Premier that he was a very am sure the people generally would like active and vigorous opponent of the zoning a guarantee on similar lines. It cannot system. be denied that there is plenty of work, useful (Time expired.) work, to keep everyone in employment. It is a sin to have anyone out of work. VIe Mr. DAVIES (Maryborough) (3.39 p.m): know what has happened over the building of Over the years the Cll'amber has noted the the Mt. Isa railway, and the difficulty in Premier's ability to make a first-class fighting getting finance for that project. Let me say speech but today we heard him deliver one as I have said before that we did finance of the weakest speeches I have ever heard him and build a railway across the continent of make in this Chamber; :md one of the Australia, without going overseas for finance shortest, too. When he was in Opposition or engineers. The Mt. Isa project is child's he found no difficulty in speaking for an play compared with the construction of such hour or tll'ree-quarters of an hour, but today a railway. he spent not more than 25 minutes-- A very significant provision of the Bill Mr. Nicklin: Longer than that. states that the number of members of this Assembly at no time shall be fewer than 75. Mr. DAVIES: It was, at all events, a The provision is somewhat puzzling to me, short speech in which to place before coming as it does shortly after a redistribution us the cohtents of what he claims to of electorates under which the Government be a momentuous Bill. Very seldom have saw fit to increase membership of Parliament we found the changes contemplated in this to 78, reducing the country representation by measure presented in snch a short tirne. In one and increasing metropolitan representation a comparatively short time he was able to by four. If membership of 75 is not sufficient place before us, in a general way, the con­ now, I am at a loss to understand what is in tents of this important Bill, and T felt that the mind of the Government when they he was considerably embarrassed. Having include a provision that at no time will mentioned that it was the t]overnment's membership of this assembly be fewer than intention to introduce such a Bill it took 75. Surely they are not anticipating a drop him a very long time to prepare it. in population! I should think there will be Apparently the objectives that the Govern­ an increase in population, and if we get the ment had in mind had fallen by the waysid.t. progress we desire and must have we certainly He selected a wonderful time to present the will need more population. I do not know why Bill, just before an election, so that there the provision has been included in the Bill, would be weeks of free advertising and unless it has some significance that has not members of his party could indulge in a been explained by the Premier. The Bill campaign of hate against the Australian provides for Parliaments of three years. I Labour Party by screaming their fears about do not take exception to that provision, but Communism. The Government will be tak­ why does it fix a quota for electors? We ing the opportunity of indulging in much have carried on for 100 years without any propaganda before the election. Only one fixed quotas. If I heard the Premier cor­ hon. member from the Government side rectly the quota is arrived at by dividing spoke on the Bill, and he was a Liberal 2004 Constitution (Declaration of [ASSEMBLY] Rights) Bill

member. It is quite evident from the lack of unemployed in Rockhampton, and through­ support given to tlre speech of the Premier out the length and breadth of the State many that there has been Liberal pressure to force thousands of men are out of work. What is the Bill upon the Country Party. One knows the good of bringing in a Bill of Rights about the freedom spoken of by members of that speaks of achieving full employment­ the Government Party and the freedom of work for all who want it? The United the individual which is supposed to be the Nations Declaration of Human Rights says foundation of this Bill. Much has been everyone has the right to work. The spoken of it over the years. We saw an Government use the same old excuse that instance of it just recently with regard to the State is short of money. Every Minister preferential voting. Members in this Chamber who has introduced a Bill this session has claimed, rightly or wrongly, wisely or said what the Government could do if they unwisely, that they stood for preferential had the money. While they were in Opposi­ voting. tion they told the Government of the day the fault lay in their wrong approach to the Mr. Windsor interjected. Federal Government, that the money was there for the asking if they put the case Mr. DAVIES: The hon. member for properly. Would it not have been much Ford-- better to take up the time of the Assemby The CHAIRMAN: Order! I draw the hon. with a non-party debate giving all hon. member's attention to the fact that there is members an opportunity to discuss no electorate by that name. Commonwealth-State relationships and the States' right to fair treatment from Mr. DAVIES: I was going to speak of the the Commonwealth Government so that they imagination of the hon. member for Forti­ might not lose their sovereign rights as they tude Valley. He and others voted for a Bill appear to be losing them today? At the contrary to what they believed. Therefore, Premiers' Conference it was said that Federa­ it ill-bel:roves them to point a finger at any­ tion was shaken and that there were signs body else. of its breaking up. I have quoted that in the Chamber this session. Is not that a The hon. member for Bremer spoke about tremendous problem to face up to? one man one vote, and we must remember that some of the great reforms introduced Mr. Hart interjected. into the British Parliament were as a result of pressure. If they were not actually intro­ Mr. DAVIES: The hon. member might duced by Labour they were introduced as a at least have had sufficient courage to protest result of pressure by unions and the people against the failure of the Commonwealth themselves. The electoral reforms in Great Government to act decently towards the Britain were the result of a revolution; the States. If Government members had House of Lords had to give way. enough decency and courage to rise in their places and protest they might influence The Premier spoke of individual freedoms public opinion, and their Press would assist and mentioned the Universal Declaration of them, and it would possibly react on the Human Rights but perhaps he intends to Commonwealth Government. The hon. use it as a cloak for l::ris failure to mention member no doubt could persuade Federal the problem of unemployment. Article 23 members of his party in Queensland to do states- something in the matter. We might have "(1) Everyone has the right to work to hoped that time would be devoted to a free choice of employment, to just ~nd non-party debate along those lines because favourable conditions of work and to pro­ those problems confront us now. They are tection against unemployment. serious problems that affect men and women "(2) Everyone, without any discrimina­ who cannot help themselves, those who want tion, has the right to equal pay for equal work but cannot find it. On the hustings work. the Deputy Premier said that if the present "(~) Everyone who works has the right Government were elected Queensland would to Just and favourable remuneration become a happy State with more people in in~uring for himself and has family an work but we are drifting further and further existence wort~y of human dignity, and away from that happy State, yet the time of supplemented, If necessary, by other means hon. members is being taken up with this of social protection. Bill. No attempt has been made by the "(4) Everyone has the right to form Premier to quote instances of weaknesses and to join trade unions for the protection he was endeavouring to cure in the judicial of his interests." system, no instances of failure to com­ pensate adequately for the resumption of One would have thought that the Govern­ property or of interference with the right of me~t wou~d take the opportunity at this time, franchise. Mentioning the franchise reminds havmg evidently run short of other legisla­ me of the hypocrisy of the Government in tion of importance, of letting hon. members introducing a Bill of this kind. The Com­ discuss ways and means of carrying out the monwealth is bound to the United Nations terms of the clause that the Premier says Declaration of Human Rights, Article 21 of is included in the Bill. The Leader of the which says that everyone has the right to Opposition said that over 900 are take part in the government of his country Constitution (Declaration of [9 DEOEMBltiR) Rights) Bill 2005

directly or through freely chosen representa­ restricting their opportunity to gain a further tives. Yet this same Government have education from magazines, pamphlets and deliberately taken away, by their insistence "Hansard." I thought some protection might upon the three months' residential qualifica­ be included in the Bill against the Federal tion, the right of thousands of nomadic Government's attitude towards postage workers in the State to exercise the fran­ because it cuts right across this decision of chise at the next election. How can they the general assembly of the United Nations claim they are guided by the principles they Organisation in 1946. The Leader of the enunciated? This is the Government who Opposition pointed out that Stalin described increased the number of electorates in the it as the most democratic constitution ever State from 75 to 78 by adding four seats written. It contained the majority of the to the capital city representation and taking basic ideas of the Magna Charta, the away one from the country so that countr~ America Declaration of Independence, the areas now have only 50 instead of 51. Bill of Rights and the French Declaration Country Party members supported the of the Rights of Men and Citizens. The Liberals in their successful efforts to intro­ Premier has mentioned the tremendous duce that change in representation. amount of work incurred by the draughtsman Linked up with unemployment is auto­ in putting the Bill into shape. If there are mation. Mechanical harvesting and bulk­ dangers in it we will find the liberty of the loading facilities must tend speedily to people restricted and their rights curtailed. increase the number of unemployed if This has been brought down by a Govern­ prompt measures are not taken by the ment which represent a minority of the Government of the day. Ample time should people of the State. One would think that have been given to a non-party discussion the Government would have hesitated to on this matter, but, no, the Government introduce such a Bill. The Premier said that choose to introduce this Bill. The Premier it is a Bill of great importance, therefore one has given merely a vague indication of its would think that he would have hesitated contents. He has given us no examples and then after the next election if he had of malpractices or corruption in any form won the confidence of the majority of the of administration. people there would be some justification to bring it in. The Bill is to provide for a Mr. Dewar: Are you against the Bill? referendum of the people before certain Mr. DAVIES: After we have perused thE changes can be made. Why not have a Bill we will say definitely whether we ar:e referendum, particularly as they are a in favour of it or not. minority Government? There should be no fears about that. If the Government believe Mr. Dewar: Right now you are sitting on that they have the confidence of the people the fence? and that this is in the best interests of the Mr. DAVIES: We are doing what any people surely they will welcome the oppor­ responsible member of a responsible party tunity to give sanction to the Bill. I suggest would do. We are waiting to see the Bill. to the Premier that he give reasons why he We can see grave dangers. We can see a would not be willing to withdraw the Bill and desperate effort being made by the Govern­ place it before the people by way of a ment to retain themselves in office. As we referendum. all know, a Cabinet Minister said recently, Mr. Nicklin: When you see the Bill you "It has taken us 30 years to get here and will see that there is no need for a we must stay here at all costs." referendum. The Government are endeavouring to define just what freedoms are. It has always Mr. DAVIES: The Premier has stated been found that when efforts are made to that it is a very momentous Bill altering the define freedom that freedom is restricted­ Constitution, and one that is only brought certain restrictions are placed on the freedom before Parliament on rare occasions. Surely of the individual. the people of the State should have the right The general assembly of the United to say whether the amendment should be Nations Organisation resolved on 14 Decem­ made or not. When we are the Government ber, 1946- we will let hon. members know what we con­ "Freedom of information is a funda­ template. mental human right, and the touchstone of A Government Member: What is your all the freedoms to which the United attitude towards the Bill? Nations is consecrated." A century ago every endeavour was made Mr. DAVIES: We have not seen the Bill. to make postal charges so reasonable as to We will wait until we see it. We regret the encourage the distribution of literature in the fact that unemployment, automation, the form of pamphlets and magazines. But now relationship between the States and the endeavours are being made by the same Commonwealth-all these matters are not parties as those r~presented in the Queens­ included in the Bill. Time could have been land Government to restrict the distribution much better taken up discussing these prob­ of literature. The Commonwealth Govern­ lems rather than discussing this Bill which ment are clamping down on all people by contains amendments which, in the hands of 2006 Constitution (Declaration of [ASSEMBLY] Rights) Bill the Government, might create danger in the Mr. NICKLIN: The Bill does not prevent years that lie ahead for the people of the it. It ensures that it will always be possible. State. We want to preserve that right. We want to ensure that tl:J'e people of this State will Hon. G. F. R. NICKLIN (Landsborough­ at all times have the right to elect the people Premier) (3.59 p.m.), in reply: I have been they desire, and that Parliament when elec­ listening to hon. members of the Opposition ted can carry out the wishes of the people. for a number of hours trying to ascertain Mr. Duggan: When didn't they have that whether they are against the Bill or whether right? they are for it. I have never heard such a lot of mixed opinions in regard to any piece of legis­ Mr. NICKLlt"': They have always had tl:J'at lation as those expressed by members of the right. Hon. members have complained that official Opposition. The Leader of the this Government is not a Government elec­ Opposition made a verbal gallop to all points ted by the people. of the compass-even over to Soviet Russia, and when, at the end of his speech, he was Mr. Duggan: That is right. asked whether he was against it or for it Mr. NICKLIN: The Leader of the Opposi .. he said, "I will wait until I see the Bill." tion says, "That is right." The first words the hon. gentleman used Mr. Duggan: By a minority, I said. and continued to use during his contribution was that the Bill was a lot of claptrap. I Mr. NICKLIN: We were elected by the ask the hon. gentleman whether the pro­ people. They expressed their will. That is tection of our democratic political rights, what we want to preserve. We want to ensure whether the protection of the basic rights of democratically-conducted elections so tl:J'at the people and the securing of the freedom the people will always be in control of their of the individual, the protection of his pro­ representatives and so that their represen­ perty from unjust acquisition and the main­ tatives will always be responsible to the tenance of a free judiciary are merely clap­ people who elect them. trap. That may appeal to the Leader of the Opposition, but it does not appeal to Mr. Gair: You must admit you got there hon. members on this side of the Chamber. with their aid. The Bill merely preserves those democratic Mr. NICKLIN: They contributed to it. I rights of the people. am not going to deny that. An A.L.P. Member: Of the Liberal Party. Mr. Duggan: You were going to have a coalition with them. Mr. NICKLIN: Not only the Liberal Party, but also the Labour Party, and any Mr. Gair: That is not true. party that subscribes to democratic prin­ Mr. Power: That is not true. You put them ciples. Some Opposition members have com­ there. plained that not enough has been written into the Bill, while others have explained The TEMPORARY CHAIRMAN (Mr. that too much has been written into it. Dewar): Order! Only one hon. member on the Opposition bencl1es approached the Bill in a respon­ Mr. A. J. Smith: The rats sold out. sible manner. I refer to the leader of the The TEMPORARY CHAIRMAN: Order! Queensland Labour Party. He emphasised the The Premier has the floor. need to protect the rights of Parliament, and there is no man in this Chamber with a Mr. NICKLIN: We on this side of the better right to express that viewpoint, as he Chamber are not frightened of the will of suffered very largely through standing up for the people. We are prepared to accept the the rights of Parliament, for the rights of will of the people and to carry out the will elected representatives of tl:J'e people, against of the people at all times. That is why we pressure from people outside Parliament. want to ensure that tl:J'e will of the people of While I do not agree politically with many this State will always prevail in the elec­ of the views of the hon. member for South tion of this Assembly. If that right is pre­ Brisbane, I commend his stand to protect served for all time for the people, the the rights of Parliament, and the Bill will fundamental freedoms that are so dear to us prevent occurrences such as the one that will be protected. was resisted by the hon. member for South A suggestion was made that we should Brisbane. If he had not resisted those have appointed a convention, a committee, demands from outside or l:J'ad acceded to those or something of that nature before we demands, he could have negatived absolutely amended the Constitution. The people who under the present Queensland Constitution made those suggestions did not think of the rights of democratically-elected represen­ appointing any convention before they tatives, and surely no responsible member abolished the Upper House, as was pointed of this Assembly would want that to happen. out by the hon. member for Mt. Gravatt. They abolished the Upper House against the Mr. Davies: The people have the right to will of the people expressed at a referendum, change from one party to another. but they did not think of that at all. Limitation Bill [9 DECEMBER] Limitation Bill 2007

They did not appoint a convention when they At the present time this field of law is passed through this House legislation pre­ something of a wilderness and the aim of venting the re-establish'Illent of the Upper the Bill is to bring some order out of House for all time, unless a referendum was chaos. It is in the interests of the State held. They did not appoint a convention when that there should be some reasonable and they passed through this House a Bill pre­ consistent limitations of the periods within venting the extension of the life of Parlia­ which people may bring actions. That has ment beyond three years, but they suggest always been recognised as a sound prin­ we do it. This Bill is far too important to ciple of jurisprudence. It does not do be made a law in this State without ade­ to allow people to go on nursing grievances quate time being given to everyone to study indefinitely without asserting their rights. it. I do not only refer to hon. members of this The Romans recognised the principle of Chamber but everybody who is interested a title by possession and a great lawyer, in the Constitution of Queensland. Every Lord St. Leonards, has remarked that in citizen 11as the right to express his opinion all well-regulated countries the quieting of as to whether he is in agreement with the possession is held to be an important point provisions of this legislation. He will be of policy. given that opportunity. The Bill will be available for each and every person to study The general law relating to limitation of and make suggestions to the Government actions is at present contained in- and, if any worthwhile suggestions are made (a) Sections 6 to 28 of the Statute of to improve the legislation and further its Frauds and Limitations, 1867, which purpose, we will be only too happy to give relate to actions on contract and in tort, consideration to them. We want to make that is, actions for civil wrongs, actions certain that we will protect the basic free­ on a specialty, that is actions on a dams which we on this side want for all document under seal, actions for moneys time. The only way by which those basic charged upon land such as mortgages and freedoms can be taken away from the legacies and interests in estates; people is by the people themselves. In view (b) Sections I to 31 of the Distress of that we are leaving the Bill before the Replevin and Ejectment Act, 1867, which people for their consideration. All will be relate to actions for the recovery of land given an opportunity of looking at it and and the extinction of title at the end of making suggestions. We will then write into the limitation period; and the Constitution of this State worthwhile and (c) Section 52 of the Trustees and useful amendments. Executors Acts, 1897 to 1924, which deal Motion (Mr. Nicklin) agreed to. with the application of the Statute of Limitations to claims on trustees. Resolution reported. The Bill proposes to repeal those provisions. FIRST READING When Queensland was first made a British colony, the Imperial Statutes dealing with Bill presented and, on motion of Mr. the Limitation of Actions, namely, the Nicklin, read a first time. Limitation Act of 1623 and the Statute of Frauds Amendment Act of 1828, automati­ cally came into force. LIMITATION BILL These Acts were replaced in Queensland INITIATION IN COMMITTEE in 1867 by the Statute of Frauds and Limitations and the Distress Replevin and (The Chairman of Committees, Mr. Taylor, Ejectment Acts, which were substantially Clayfield, in the chair.) taken from the Imperial Statutes entitled Hon. A. W. MUNRO (Toowong-Minis­ the Real Property Limitations Act of 1833 and the Mercantile Law Amendment Act of ter for Justice) (4.15 p.m.): I move- 1836. "That it is desirable that a Bill be introduced to consolidate with amendments The Real Property Limitation Act of 1833, from which the provisions of the certain enactments relating to the limi­ Distress Replevin and Ejectment Act were tation of actions and arbitrations, and for taken, was amended in England by the Real other purposes." Property Act of 1874 which, among other This Bill, which is of a purely legal things, reduced the limitation period for character, will be of considerable importance bringing actions to recover lands from when it is enacted. It involves amendments twenty years to twelve years, but this amend­ to the existing law and in addition con­ ment was never enacted in Queensland. solidates the general statutes in relation to It will therefore be seen that over a long limitation of actions. Its objective is to do period of years our legislation in this respect this in a sensible way with due regard has not been modernised. to the rights of all persons prospectively Much of the language in the repealed Acts interested and holding the scales of justice is archaic, extremely technical and difficult evenly between the parties. to understand and apply. 2008 Limitation Bill [ASSEMBLY] Limitation Bill

The confused state of the law in this Under the present law the periods of limit­ respect was recognised in England and a ation in respect of actions in tort vary. For Law Reform Committee, presided over by instance, actions in respect of oral defama­ the Master of the Rolls, Lord Wright tion may be brought within two years, which was appointed in 1934, examined the whereas actions for written defamation may matter carefully over a period of five years be brought within six years. The limitation and following their report "The Limitation period in respect of actions for trespass upon Act of 1939" was passed by the Imperial the person, for instance, assault, is four Parliament. years whereas the limitation period in respect The Bill substantially follows the Imperial of trespass upon land is six years. Act, which has also been followed in The Bill embodies in this respect the Victoria in the Limitation of Actions Act recommendation of Lord Wright's Committee of 1958 of that State and substantially and the aim of the common period of limita­ followed by New Zealand in the Limitations tion is to make for simplicity and uniformity. Act of 1950. There have been certain adaptions to meet Queensland conditions Mr. Power: Will that apply in all cases? and in that respect I should like to express my gratitude to the committee that worked Mr. MUNRO: In the cases I have speci­ in Queensland for quite some time consider­ fied. ing the various problems involved. It corn· However, where a special Act fixes a prised the Solicitor-General, Mr. W. E. special period of limitation in respect of Ryan as chairman, Mr. F. T. Cross, of actions to which that Act relates, that special Coun~el, Mr. R. J. Thomson, Registrar of limitation period is not affected by the Bill. Titles, Mr. N. Nixon, Assistant Crown For example, the Law Reform (Limitation of Solicitor, and Mr. J. O'Duffy, Master ot Actions) Act 1956 fixes three years as the Titles. This Committee made a very limitation period in respect of actions arising exhaustive examination of the problem out of fatal accidents and actions for injury extending over several months. Hon. mem­ to the person. This period is preserved. bers will gather from what I have already said that the proposed measure is both co_m­ The period of limitation for bringing an plex and comprehensive, and not one wh1ch action on a specialty, that is an action on a should be rushed hurriedly through document under seal, is reduced from 20 Parliament. years to 12 years. In these circumstances I propose to intro­ The period of limitation for bringing duce the Bill and have it printed during actions to recover moneys charged on land, the present sittings and then to allo:" its legacies and other interests in estates is like­ further consideration to stand over until the wise reduced from 20 years to 12 years. House resumes next year. This procedure will serve the double purpose of allowing The period within which an action for the hon. members ample time to . study recovery of land can be brought has been the Bill and giving other persons outstde of reduced from 20 years to 12 years. Parliament the opportunity of familiarising Presently, there is no limitation period themselves with the proposed terms of the applying to an action to recover money law and, if so desired, of making representa­ charged on mortgaged personal property tions or suggestions thereon before it is such as chattels whereas there is a period finally enacted. of limitation in respect of the recovery of money charged on land. This seems difficult For that reason I do not propose at this to understand but it indicates the anomalous stage to go into the details of the Bill at condition of our present law. The Bill fixes any great length. I am, however, arranging the same period for the recovery of money to have an explanatory memorandum pre­ charged on chattels as it does for the recovery pared and copies will be circulated as soon of money charged on land. as it is available. The Bill is divided into Parts. Part II I shall now mention briefly some of the applies to the limitation period in respect of principal provisions of the Bill. different classes of actions, whereas Part HI relates to the extension of period arising The first important point to be noted is out of disabilty, acknowledgement, part pay­ that it is proposed that this new law will ment, fraud and mistake. not come into operation until 1 May, 1961. This follows the United Kingdom precedent The provisions of Part III of the Bill are of providing ample time so that persons particularly aimed at clarifying a great number of difficult legal points and to make whose interests may be affected will be the Statute easy of application in the Courts. enabled to protect their rights. The disability of absence overseas has The Bill fixes as the limitation period for been abolished. The disability of coverture, actions on contract which include actions that is, status of being a married woman, is for debt, and also actions in tort-that is abolished to bring the law into line with actions in respect of civil wrongs-at six the provisions of the Married Women'~ years. Property Acts, 1890. Limitation Bill (9 DECEMBER] Canals Act Amendment Bill 2009

The Bill briefly reduces in the case of an reduced to accord with the periods which action for the recovery of land the extension have had the force of law in England since of time allowed for cessation of disability 1874. from ten years to six years with a maximum I commend this Bill to the House as one of thirty years in the case of successive dis­ which when finally enacted will be for the abilities in lieu of the maximum period of good of the State. forty years allowed under the present law. Successive disabilities occur for instance in Mr. DUGGAN (North Toowoomba­ the case where a minor becomes mentally Leader of the Opposition) (4.33 p.m.): At this sick. stage I see no reason to dissent from the In actions other than an action for the Minister's statement that it is not a political recovery of possesion of land, the present measure. It is obviously a very technical rule is that time does not begin to run until Bill. The Minister has kindly agreed to the disability has ceased. The Bill proposes have printed explanatory information so that that the time shall be six years from the members will have the opportunity of realis­ cessation of disability or death of the dis­ ing the full implications of the Bill. It seems abled person notwithstanding that the that much has been borrowed from the ordinary time has expired. British Bill. The British Parliament has kept the consolidation of the various Act up to It will be seen from this short survey I date. I think it is a desirable measure. As have made that there is a great deal of con­ it is intended to leave the matter in abeyance fusion and lack of uniformity in the pro­ for two or three months during which time visions relating to limitation of actions. the explanatory information will be circu­ We are now living in different times to larised I do not think any good purpose would those in which the present Statutes were be served in attempting to deal with the enacted. various points that have been raised. There has been a great development in Hon. W. POWER (Baroona) (4.34 p.m.): the law which has revealed anomalies which I gathered from the remarks of the Minister need removing. that the purpose of the Bill is to modernise I repeat, gentlemen, that this is a measure this law. The Minister will find that he has of great complexity. It is not light or easy similar problems in relation to other Acts. reading and there are a great number of The Bill will be just as hard to understand detailed points which will be dealt with as the law dealing with tortfeasors. The in the explanatory note. Bill can only be dealt with after it has been considered. The Minister would find many I feel, however, that the Bill is a highly other laws that need modernising from time> sensible one. The corresponding United to time. I shall defer any further comments Kingdom measure was characterised as such until I have had an opportunity of reading in the Debates of the Imperial Parliament the Bill. and I think that this Bill is one which will be greatly in the public interest. Motion (Mr. Munro) agreed to. In· well regulated countries it is very Resolution reported. necessary that lands with defective titles should not remain in that condition for any FIRST READING great length of time. The effect of a defective title to land is Bill presented and, on motion of Mr. to impair greatly the use of that land. People Munro, read a fi1st time. will not improve lands or develop them to the extent they would otherwise do if they CANALS ACT AMENDMENT BILL were sure of their titles. SECOND READING Very often defective titles arise out of the carelessness of the person who first Hon. T. A. HILEY (Coorparoo-Treasurer obtained possession of the land in failing to and Minister for Housing) (4.37 p.m.): I perfect the title and the continued failure move- of that person and his successors to have "That the Bill be now read a second the title perfected until such time as all time." evidence is lost. Both principles of the Bill were fully out­ It is much to be preferred that a defective lined at the introductory stage. I have noth­ title should be cured by lapse of time than that title should remain defective for all ing to add. time. Motion (Mr. Hiley) agreed to.

The Real Property Act Amendment Act CoMMITTEE of 1952 was aimed at remedying the position of many lands which had defective titles (The Chairman of Committees, Mr. Taylor, but it is felt that the present long periods Clayfield, in the chair.) of limitation in respect of actions for the Clauses 1 to 3, both inclusive, as read, recovery of land including the maximum period of forty years in the case of a person agreed to. under successive disabilities should be Bill reported, without amendment. 2010 Valedictory [ASSEMBLY] Valedictory

T.mru> READING Finally, I say Merry Chrismas to all hon. members, hoping that they enjoy the break Bill, on motion of Mr. Hiley, by leave, with their families, and I look forward to read a third time. seeing them all again early in the New Year when we finally wind up the session. SPECIAL ADJOURNMENT Mr. DUGGAN (North Toowoomba­ Hon. G. F. R. NICKLIN (Landsborough Leader of the Opposition) (4.42 p.m.): I -Premier): I move- join with the Premier in felicitations to you, 'That the House, at its rising, do Mr. Speaker, the officers of Parliament, the adjourn until Tuesday, 23 February, 1960." members of the "Hansard" staff and anybody else who has in any way contributed to the Motion agreed to. smooth working of the operations of Parlia­ ment. As hon. members opposite have to VALEDICTORY leave to keep their appointments-although this does not apply to me-I do not want Hon. G. F. R. NICKLIN (Landsborough to keep them very long. I reciprocate the -Premier) (4.39 p.m.): I move- remarks made by the Premier regarding tht "That the House do now adjourn." work of Parliament. It has been a very I take this opportunity of thanking all hon. strenuous session, in fact the most strenuous members for their co-operation in enabling I have known. Many Bills have been passed; the Government to get through what has been there has been contentious and machinery a particularly heavy session. This heavy legislation in the last three or four days and legislative session was interrupted by two it has been a rather trying time for members breaks, one on the occasion of the visit of of the House. I think the Premier will con­ Her Royal Highness, Princess Alexandra of cede, because of his previous experience as Kent, and the second by the visit of the Leader of the Opposition that a heavy Commonwealth Parliamentary Association responsibility falls on the Opposition. I They were pleasant breaks in the session and extend my thanks to my Parliamentary col­ I am sure hon. members did not begrudge leagues for help given to me during the them. session. I extend my good wishes to officers of the House and the various people whorr. I say thanks to the Leader of the Opposi­ the Premier specified. I agree with his tion for his co-operation in carrying out the expressions of appreciation for their good business of the House; I also extend thanks work during the year. to the Leader of the Q.L.P. Those hon. gents. have co-operated with the Government I reciprocate his seasonal good wishes and in conducting the affairs of the House. It is express the hope that Mrs. Nicklin's health a feature of good Parliamentary govern­ will continue to improve and that she will ment that we should have that co-operation be able to take further part in public life. to facilitate the business of the Chamber. I take the opportunity of asking you, Mr. We can say what we like about one another Speaker, as the chief officer of Parliament, during the course of the debates but it is to accept our best wishes on your firm and necessary to have co-operation in the dignified control of the House and the conduct of the House otherwise matters courtesies you have extended to hon. mem­ would become chaotic. bers. I trust that your good wife's health The Whips of the respective parties have has improved and that Christmas 1959 will contributed in no small way to the smooth be a happy one for you, your wife, and working of the business and to them the members of the family. thanks to all hon. members are extended. Last but not least let me thank Mr. Taylor, Hon. members are appreciative of the way in the Chairman of Committees, for his very which they carry out their duties. To you great help in the conduct of the business of Mr. Speaker, to the Chairman of Committees the Assembly. Even if we disagree with some and the temporary Chairmen of Committees, of his rulings, we find difficulty at times also go our personal thanks for the dignity in pushing our objections very far because and the impartial way in which you and they we know he is always actuated by the very have conducted the affairs of this Parliament. best considerations and, if we sometimes At all times it has been conducted with think he is wrong, though he need not neces­ dignity and decorum. sarily acknowledge that he is, we readily To the Clerk of the Parliament and his concede that his mistakes are of the head officers, to all messengers, to the library and not of the heart. I wish him a very staff and the refreshment rooms staff and in happy Christmas and thank him again for fact all others in this building who are here his courtesies. to help hon. members we convey our thanks for the manner in which they have carried Hon. V. C. GAIR (South Brisbane) (4.46 out ther respective duties, very often under p.m.): I do not intend to delay the adjourn­ trying circumstances, particularly when the ment of the House because I know hon. House is sitting ]n.,q honrs At ~11 t;mes members have other commitments and desire they have been willing to do their best to to get away as early as possible. However, help in our work. To any I may have on behalf of the other members of the Q.L.P. omitted we convey our thanks. and myself I extend to all the compliments Valedictory [9 DECEMBER] Voledicf