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19 October 1977

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19 October 1977 2334 2334[COUNCIL] and this was pointed out by the Hon. George Berry during the debate, under proposed new Wednesday, the 19th October, 1977 section 20 (2) "where a person satisfles the board that he has such qualifications in veterinary The PRESIDENT (the Hon. Clive Griffiths) surgery as to justify the board in exempting him took the Chair at 4.30 p.m., and read prayers. from all or any of the requirements of QUESTIONS subparagraph (ii) and subparagraph (iii) of Questions were taken at this stage. paragraph (e) of subsection (1) of this section, the ADJOURNMENT OF THE board may- HOUSE: SPECIAL (a) exempt him from all or any of those THE HON. G. C. MacKINNON (South- requirements, or West-Leader of the House) [4.50 p.m.]: I (b) if the board thinks fit, impose conditions move- as to his registration or restrictions on That the House at its rising adjourn until the practice of veterinary surgery by Tuesday, the 25th October. that person notwithstanding his registration; or Question put and passed. (c) so exempt him and impose such conditions." POLICE ACT AMENDMENT BILL The residency period of one year may be applied Introduction and First Reading in those cases where there is doubt as to the Bill introduced, on motion by the Hon. G. C. applicant's ability to communicate in a MacKinnon (Leader of the House), and read a professional manner with the Australian public, first time. taking into account local customs and farming practices. METROPOLITAN WATER SUPPLY, The peculiar difficulty in deciding on applicants SEWERAGE, AND DRAINAGE under proposed section 20 (1) (e) is that the BOARD (VALIDATION) DILL university where the applicant was educated may not have been assessed and recognised by the Third Reading board. Such an assessment is of great value in Bill read a third time, on motion by the Hon. deciding whether a person is likely to be fully up G. C. MacKinnon (Leader of the House), and to Australian standards.The honourable member returned to the Assembly with an amendment. also raised a query in respect of clause 17 of the Bill relating to proposed new subsection (2) of VETERINARY SURGEONS ACT section 23 of the Act concerning deregistration or AMENDMENT BILL suspension for indictable offences. This proposed new subsection is virtually the same as the Third Reading existing section 23 (2) (a) and (b) of the principal THE HON. D. J. WORDSWORTH Act which has been operative since 1960. The (South-Minister for Transport) [4,53 p.m.): I wording has not created any problems and in the move- opinion of the Crown Law Department the That the Bill be now read a third time. subsection, as worded, is quite workable. I would like to answer two queries raised during Question put and passed. the Committee stage of this Bill by the Hon. John Bill read a third time and returned to the Williams which I referred to the Minister for Assembly with an amendment. Agriculture for clarification, and I take this opportunity of providing answers which I trust CONSTITUTION ACTS will prove satisfactory to that member. AMENDMENT BILL The first concerned the qualifying period of 12 Third Reading months residency in the Commonwealth of Australia for registration under the Act as a THE HON. G. C. MacKINNON (South veterinary surgeon. This is required under West-Leader of the House) [4.55 p.m.]: I proposed section 20(1) (e) (ii) and it is pointed move- out that the requirement is already contained in That the Bill be now read a third time. the principal Act under section 20 (l) (c) (iii) (1). The PRESIDENT: I remind honourable However, the Bill further provides on page 7, members that this Bill requires the concurrence of [Wednesday, 19th October, 1977] 232335 an absolute majority and in accordance with apparently thinks this legislation will prevent the Standing Order No. 308 a division must be taken. implementation of Australian Labor Party policy. Bells rung and the House divided. The Government believes this legislation will negate ALP policy. However, it is quite clear the Division resulted as follows- Government has Misread or misconstrued our Ayes 17 policy. If any member of the Government would Hon. G. W.Berry Hon. W. M.Piesse like to get some clear ideas on ALP policy. I am Hon. H. W.Gayfer Hon. R. 0. Pike always available. Hon. T. Knight Hon. 1.0. Pratt Hon. A. A. Lewis Hon. J. C. Tozer This legislation is both unnecessary and Hon. G. C. MacKinnon Hon. R.J. L. Williams sinister; it is unnecessary because it is a waste of Hon. M. McAleer Hon. W. R. Withers the time or this Parliament and, for a large part, Hon. T. McNeil Hon. D. J. Wordsworth Hon. N. F. Moore Hon. V. J. Ferry it will have little direct effect under the present Hon. 0. N. B.Oliver (Teller) constitutional and electoral situation. It is sinister Noes 8 because it puts yet another hurdle in the way of Hon. D. W.Cooley Hon. F. E.McKenzie democratic reform-yet another obstacle in the Hon. D.K. Dans Hon. R.H. C.Stubbs Hon. Lyla Elliott Hon. R.Thompson way to make this Parliament truly democratic. Hon. R. Hetherington Hon. R. F. Claughton The Bill sets out to do three things and, if I (Teller) may, I will quote what the Minister said during The PRESIDENT: I declare the motion carried his second reading speech. He said- with the concurrence of an absolute majority and It. is designed to achieve three main the Bill will now be read a third time. purposes. Firstly, it is to emphasise the role Question thus passed. of Her Majesty the Queen in the Parliament Sill read a third time and passed. of Western Australia. Secondly, it is to protect and preserve the ACTS AMENDMENT existence of both Houses of the State (CONSTITUTION) DILL Parliament and to ensure their continued role as an integral and essential part of the Second Reading: Defeated lawmaking process. Debate resumed from the 12th October. Thirdly, it is to confirm by Statute the THE HON. D. K. DANS (South office of Governor and that appointments to Metropolitan-Leader of the Opposition) [5.00 the office of Governor and the instructions p.m.]: The Opposition opposes this Bill because it with which the Governor must comply in simply seeks to do what has been common performing his duties are both made and practice for many years. In our opinion, in issued by the Queen personally as is the addition to doing those things, the measure is present case. mischievous and unnecessary. It seems to me to The Minister also outlined more specific matters be a stunt by the Government to put across to the covered by the Bill. They included the spelling out people of this State that it is only the Liberal clearly in the Constitution the fact that our Party whichis concerned with law and order. Parliament consists of the Queen, the Legislative This Bill will not raise the status of Parliament Assembly, and the Legislative Council. Another in any way, or raise the status of members of point he emphasised was that any future Bill Parliament. I suppose that in the final analysis, if proposing to abolish either House of Parliament, anything at all is to raise the standard of members which would reduce the numbers of the members of Parliament, it will be the members themselves. Of either House, or which would permit either So far, during this current session of House to be constituted by members not elected Parliament, we have dealt only with machinery by .the electors at large, would have to be Bills which are Public Service measures, and are approved by a referendum. not matters of broad Government policy. The The Minister also clearly spelt out that the Bills which have been introduced demonstrate same procedure would apply to any Bill the that the Government has run out of ideas and it purpose of which was to abolish or alter the office has run out of steam. It appears to me that is the of Governor, abolish or alter the sole right of the very reason this Bill has been trotted out. It is Queen to issue instructions to the Governor as to transparently obvious the Government does not the performance of his duties, or alter the have enough legislation for Parliament to requirement that every Bill must be presented to consider. the Governor for assent before it became law. It is amusing to note that the Government The Minister also referred to the Government's 2336 2336[COUNCIL] policy statement for the period 1977 to 1979, Secondly, anyone with the slightest knowledge of which clearly spells out the intentions of the the parliamentary system of government would be Government in regard to entrenching provisions in aware that the Parliament always consists of the the Constitution to protect the office of Governor, Monarch, plus the Parliament. In the case of the and both Houses of Parliament. Western Australian Parliament, this means the Before I proceed any further let me make it Monarch and the Legislative Assembly and the quite clear that the ALP policy on these Legislative Council, all having equal matters-from My reading of Hansard-seems to constitutional weight. That is not in doubt, and it have been misconstrued. from my reading of the is not in question. The parliamentary system debates which have taken place there are several would have to be abolished for the position to experts on the ALP policy. I must confess that I change.
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