Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

WEDNESDAY, 3 SEPTEMBER 1975

Electronic reproduction of original hardcopy

Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 363

WEDNESDAY, 3 SEPTEMBER 1975 by pesticides in Gold Coast waters, has he caused any inquiry into the toxic effect of pesticides? Mr. SPEAKER (Hon. J. E. H. Houghton, (3) Does the Government propose to Redcliffe) read prayers and took the chair regulate the sale and use of non-degrad­ at 11 a.m. able pesticides? If not, what is the reason? PAPERS Answers:- The following paper was laid on the table, (1) Yes. and ordered to be printed:- (2 and 3) The problem of ulcerated Report of ,the Police Superannuation fish (especially bream) is not new. It is Board for the year 1974-75. one of quite long standing, with reports on its incidence extending back at least The following papers were laid on the to 1935. The cause or causes of such table:- ulcerations are not well established. In Regulations under- south-eastern salt waters, some incidence Health Act 1937-1974. of ulcers can be attributed to large para­ sites known commonly as sea-lice. There Hospitals Act 1936-1971. is no direct evidence that pesticides of themselves lead to ulceration in fish. How­ QUESTIONS UPON NOTICE ever, research into this matter is con­ tinuing. The report by Water Science 1. QUEENSLAND PERMANENT Laboratories indicates merely that pesti­ BurLDING SociETY cides could have been related to the fish Mr. Burns, pursuant to notice, asked the mortality in Tallebudgera Creek in May Minister for Works and Housing- 1975. The level of chlorinated hydro­ ( 1) Is he aware that the Queensland carbons determined by the laboratories on Permanent Building Society has just the one fish they examined cannot be increased its operating margin from U regarded as extremely high, and in fact per cent to as much as 2:'1- per cent by can be compared with similar analyses introducing different interest rates for made throughout the world. In no way loans under and over $30,000? does this test suggest that pesticides were responsible for the death of the fish. (2) Is he aware that the society lends Neither the occurrence of ulceration nor funds on land, with no commitment from the tests made by the Water Science the buyer to build his own home, and Laboratories provide any basis for the on commercial projects such as fiats and regulation of the sale and use of non­ units? degradable pesticides. (3) Are these real estate and com­ mercial loans made at the expense of the 3. RoADWORTlUNESS CERTIFICATES ordinary home-seekers, who should get priority for home loans? Mr. Bums, pursuant to notice, asked the Minister for Industrial Development, Labour ( 4) Does he realise that there is a Relations and Consumer Affairs- danger of this society concentrating on high-volume loans to obtain higher interest­ ( 1) Is he aware of The Sunday Mail rate returns and bigger operating margins? article of 18 May headed "Certificates No Protection", which quoted a Govern­ (5) What action will he take to ensure ment official as saying that it is obvious that the genuine home-buyer is not dis­ that the roadworthiness-certificate system advantaged by this society concentrating is not giving the public the protection on high-volume loans? which it was meant to? Answer:- (2) How many complaints has his The Government is at present examin­ department received in relation to the ing interest rates prescribed by Order in wrongful issue of roadworthiness certifi­ Council under the Building Societies Acts cates? and an announcement will be made in (3) How many prosecutions have pro­ this regard in the near future. ceeded from the complaints and what action has the Government taken to tighten 2. EFFECT OF PESTICIDES ON FisH up the system so that dangerous cars are not provided with roadworthiness certifi­ Mr. Bums, pursuant to notice, asked the cates? Premier- ( 1) Is he aware of the growing number Answers:­ of reports of ulcerated bream and other (!) Yes. fish by fishermen from Caloundra to the (2) Since the inception of the legisla­ New South Wales border? tion in October 1972,. 1,095 complaints (2) In view of the report by Water have been received. The number of Science Laboratories to the Gold Coast certificates issued up to 25 August is City Council that fish have been destroyed 580,197. 364 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

(3) There have been 19 prosecutions (3) The Manual of Uniform Traffic with regard to wrongful issue of certifi­ Control Devices includes provision for the cates of roadworthiness; four cases were following pedes,trian crossings (that is, dismissed by the court. There are 34 zebra markings) outside schools (a) where pending court proceedings and one pro­ pedestrians and vehicles exceed specified secution was withdrawn in view of the numbers, and (b) where this warrant is demise of the defendant. In addition, four not met, but where numbers of school­ examiners' licences have been cancelled; six children cross a carriageway. In this examiners' licences have been suspended; situation an undertaking is required that two examiners' licences have been sur­ "Children Crossing" and "Children Crossing rendered following investigations; three Stop" flags will be displayed during the approved inspection station certificates periods when school-children are likely have been cancelled; six approved inspec­ to be crossing the carriageway, proceeding tion station certificates have been sus­ to and from school. Under certain cir­ pended; two approved inspection station cumstances involving high numbers of certificates have been surrendered following pedestrians and vehicles, pedestrian­ investigations. The division is continuing actuated traffic signals may be installed to make snap checks of approved inspec­ adjacent to a school. tion station activities, and where breaches (4) The Manual of Uniform Traffic are detected action is taken against Control Devices is issued by the Com­ offenders through court proceedings and missioner of Main Roads under the Traffic suspension of licences. Experience has Act. It provides that local authorities demonstrated the effectiveness of the legis­ may install official traffic signs on lation in assisting to remove unsafe motor undeclared roads. Pedestrian crossings at vehicles from the road and 1t has been schools are within this category and Mary­ supported by written opinions from the borough City Council ther;efore administers Motor Trade Association of Queensland these crossings. and the Queensland Automobile Chamber of Commerce following the appearance of the Press article to which the honourable 5. SEX CLINICS FOR TEENAGERS member refers. It is also the unanimous Mr. Alison, pursuant to notice, asked the opinion of the Motor Trade Committee of Minister for Health- which the R.A.C.Q. is a member, that the legislation is achieving its objective. ( 1) Is he aware that Dr. Everingham, Commonwealth Minister for Health, has announced that his Government will be 4. PEDESTRIAN CROSSINGS OUTSIDE setting up a teenage sex clinic in Brisbane SCHOOLS, MARYBOROUGH which will counsel young people, includ­ Mr. Alison, pursuant to notice, asked the ing pre-teenage school-children, on such Minister for Local Government and Main matters as pre-marital sex, the use of Roads- contraceptives and sexuality, including Cl) Is he aware that the Maryborough­ homosexuality, and that contraceptives will Granville Branch of the A.L.P. is blaming be made available to children free of the State Government for the removal of charge? pedestrian crossings outside certain Mary­ (2) Was such a move expected from a borough schools? basically atheistic socialist Government (2) As this alleged planned removal which does not recognise Christian prin­ of pedestrian crossings from outside ciples and morals and will these sex schools is causing serious concern to Mary­ centres be another blow against family borough parents, what variations have been life and the family structure? made regarding the installation of pedes­ ( 3) Is this yet another example of the trian crossings and what are the effective Commonwealth A.L.P. Government exceed­ results of the variations? ing its authority under the Constitution? (3) What are the types of pedestrian crossings which may be installed outside Answer:- schools and what are the circumstances (1 to 3) When the Federal Health and conditions under which each crossing Minister, Dr. Everingham, announced .that is installed? the Commonwealth Government was estab­ ( 4) Will the Maryborough City Council lishing contraceptive and sex clinics, I said administer the Main Roads Department that I was concerned ·that many young requirements regarding pedestrian cros­ people could be exposed to sexual free­ sings? dams because of the "supermarket" type Answers:- of clinics that were proposed under the Federal soheme. These new style clinics ( 1) I am aware of the matter to which could lead to the breakdown of family the honourable member refers. relationships between parents and .their (2) There have been no recent varia­ children because of the easy accessibility tions in the Main Roads Department's of .the new clinics, and therefore mu&t be policy regarding installation of pedestrian deplored. I believe that the Common­ crossings at schools. wealth Minister has acted prematurely on Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 365

the matter of the so-called Federal Guid­ funds are available from my department to ance Clinics for contraceptive informa­ finance the preservation of the Cadet Corps tion. I have already pointed out to Dr. in Queensland. Ev.eringham that the State Government sup­ ports financially family-planning pro­ grammes being conducted by the Family Planning Association of Queensland and 7. MAINTENANCE OF RURAL AND the Catholic Family Welfare Bureau. I DEVELOPMENTAL ROADS believe that this is the way that a properly formulated programme should be estab­ Mr. Armstrong, pursuant to notice, asked lished before plunging into a full scale sex the Minister for Local Government and Main clinic as is proposed by the. Common­ Roads- wealth. I am disappointed to think that Did he attend the meeting of State this venture has been undertaken without Ministers for Transport, Highways and due regard .to the existing situation in Main Roads with the Commonwealth this State and without consultation with Minister for Transport in Sydney on 29 people already operating in his highly August? If so, did he approach the specialised and personal field. I am Commonwealth Minister for funds to concerned that these clinics will lead maintain the rural and developmental youngsters to bypass their parents in roads which are deteriorating very seeking counselling on family planning and rapidly in the wet area of my electorate sex education in g.eneral. Parents will be and are required to carry essential traffic? unaware of the children's activities; they could be guided to a sex clinic on a spur­ Answer:- of-the-moment whim. The resultant situa­ tion could lead to over-all degradation of y es, I did attend the A.T.A.C. Confer­ family life and responsibility on this over­ ence and talked with the Federal Minister all vital question. The Queensand Gov­ for Transport, Charlie Jones. But I may ernment is deeply concerned at the attitude as well have spoken to the wall; I got no being displayed by the Federal Govern­ satisfaction whatever from him. It is use­ ment in its disregard of family life and less trying to put up to the Federal Gov­ acceptable moral code within the com­ ernment or to the Federal Minister for munity. With this recent announcement Transport a case on behalf of Queensland. which must encourage further deteriora­ It took me hours to try to convince him tion in family relationships, and the pos­ that he fleeced the motorists of Australia sible implementation of Federal regula­ of $260,000,000 and gave back a lousy tions concerning total acceptability by $64,000,000, of which Queensland receives the Federal Government of homosexual only $13,100,000. I put up to him a case marriages, legalisation of incest, etc., the in support of allocations to roads such as Queensland Government wishes to place those in the electorate represented by the on record its total abhorrance of the con­ member for Mulgrave, which for a large tinuing efforts by the Federal A.L.P. to part of the year are wet roads. The destroy the family unit and break down honourable member for Mulgrave will the established moral code. Honourable recall that when Charlie Jones drove from members should be extr.emely concerned North Queensland to Brisbane-for the and disturbed at the non-Australian way of first time in his life-he said he wanted to life being promoted by the Federal Gov­ do something for the wet roads. But as ernment and should make every effort to soon as he got back to Canberra he forgot destroy such attitudes. all about them and began talking about the east-west roads. Now he has forgotten them, too. I am getting nowhere at all with Charlie J ones. He is sick in the head, and 6. ScHooL CADET CoRPs his condition will never improve. Mr. Alison, pursuant to notice, asked the Mr. Hanson: Watch your blood pressure. Minister for Education and Cultural Activities- Mr. HINZE: We will fix the honourable Will he investigate ways and means member's blood pressure at our meeting this of retaining the Cadet Corps at schools afternoon. He will need to have a consulta­ as a temporary measure pending the tion with my colleague Dr. Edwards. eagerly awaited defeat of the Common­ wealth Government, which really is not Mr. SPEAKER: Order! If honourable interested in any movement to train the members do not refrain from cross-firing, I youth of this country in citizenship and will fix their blood pressure. leadership? Mr. Hinze: Chuck him out. Answer:- Mr. SPEAKER: Order! I draw the Min­ ! will look into the matter, but the ister's attention to the fact that Standing honourable member is no doubt aware that Orders apply to all honourable members. the school Cadet Corps is totally financed by the Commonwealth Government. No Mr. Aikens interjected. 366 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

Mr. SPEAKER: Order! The next member its implications for all four and five-year­ who interjects will be dealt with under Stand­ aids; as our specialised educational services ing Order 123A. I have given honourable for handicapped and for indigenous chil­ members sufficient warning. I will not tolerate dren-to mention only a few-then clearly any further interjections. his view is not shared by those many educationists who applaud these innova­ tions; nor is it shared by those few critics 8. BRUCE HIGHWAY AT BABINDA who consider our progress a pilgrimage into Mr. Armstrong, pursuant to notice, asked the unknown. the Minister for Local Government and Main Roads- (2) The honourable member for Towns· ville South has my assurance that all Has a decision been reached on the pernicious influences which pose any kind realignment of the Bruce Highway of threat to the Queensland education through Babinda? If so, when is con­ system will certainly be resisted. struction scheduled to commence and what is the estimated cost? 10. COMPOSITION OF COURT OF CRIMINAL Answer:- APPEAL No. However investigations covering a Mr. Aikens, pursuant to notice, asked the number of routes are continuing with the Minister for Justice and Attorney-General- objective of determining the most desirable alignment, having regard to all socio­ In view of the grave concern of North economic considerations. Queensland people following the dismissal by the Court of Criminal Appeal, com­ prising three brother judges of the judge 9. STATE EDUCATION SYSTEMS who imposed the sentence, of an appeal Mr. Aikens, pursuant to notice, asked the by the Minister for Justice against the Minister for Education and Cultural manifest inadequacy of a sentence imposed Activities- by Mr. Justice Kneipp on a 19-year-old man who entered the home of a 68-year­ ( 1) Has his attention been drawn to old woman and raped her-(a) is it pro­ Press articles on 1 September wherein the posed to constitute a separate Court of Commonwealth Minister for Education was Criminal Appeal similar to that which reported as saying that the Queensland operates in other States and so obviate system of education was superior to that any suggestion of what has been termed in other States, where students were not a "mutual reluctance to embarrass" and taught the three R's and left school unable (b) will the separate Court of Criminal even to spell simple words correctly, as Appeal comprise at least one non-legal teachers were too busy trying to cope member of acknowledged reputability and with extraneous matters and newfangled with a profound realisation of public ideas? conscience on the subject of adequate (2) As the education system in other penalties for serious offences? States is almost completely controlled by the universities in those States and the Answer:- majority of teachers there are unable or (a and b) No. The constitution of the unwilling to combat this, will he assure the Court of Criminal Appeal is governed by House that this pernicious influence will the provisions of section 5 of The Supreme be resisted in Queensland, despite the Court Act of 1921 and section 668A of determined attempts of some teachers to The Criminal Code. supinely embrace it? Answers:- 11. AUSTRALIAN CAPITAL TERRITORY (!) Yes, the Press report of Mr. CRIMINAL CODE Beazley's comment was drawn to my atten­ tion. However, I believe the honourable Mr. Aikens, pursuant to notice, asked the member for Townsville South, himself a Premier- master of the verbal thrust, would agree ( 1) Has he seen the draft Criminal that if Mr. Beazley's remark be taken at Code for the Capital Territory tabled in face value, the value would be nil. Mr. the Commonwealth Parliament on 5 June, Beazley is reported as suggesting Queens­ which was drafted by a group commis­ land's education is superior for being . . . sioned by the former Attorney-General in "perhaps more old fashioned" than that of the Whitlam Government, who is now other States. Thus, if we allow ourselves to Mr. Justice Murphy of the High Court, be seduced by the connotations of "superior", and recommends, inter alia, the legalisa­ we confess ourselves undone by accepting tion of homosexual marriages, by defining the term "old fashioned". I should point a spouse as any person, whether male out that if Mr. Beazley chooses to inter­ or female, living in voluntary cohabitation pret as old fashioned such innovations as with another person regardless of the legal the Radford scheme; as the total elimina­ status of that relationship and the legalisa­ tion of public examinations; as our leader­ tion of homosexual acts between males ship in a free pre-school scheme unique in over 18 years? Questions Upon Notice (3 SEPTEMBER 1975] Questions Upon Notice 367

(2) As this new conception of ordinary building occupied by the Forestry Depart­ Australian conduct has been endorsed by ment in due course having regard to its the Australian Labor Party and will become office accommodation programme. At this law in Canberra, the Northern Territory point in time it seems unlikely that the and other areas of Australia under Com­ Forestry Department building will become monwealth jurisdiction, will he exert all vacant for several years to come. his influence towards preventing this and other obnoxious practices to be legalised by the Code from becoming regarded as ordinary conduct in Queensland? 13. JUSTICE DEPARTMENT ARTICLES IN COUNTRY NEWSPAPERS (3) Is he aware that all A.L.P. poli­ ticians, both State and Commonwealth, Mr. Turner, pursuant to notice, asked the are pledged to their utmost endeavours Minister for Justice and Attorney-General- to have these practices legalised in this In view of the publications appearing State and, if so, will the widest publicity in city newspapers and also the Queens­ be given, including the naming of Queens­ land Country Life, outlining the public land A.L.P. politicians in both State and position in relation to law and legal Commonwealth spheres, in order to expose matters in a series called "The Law's in their activities to the people? your court", will he consider placing these particular advertisements in country news­ Answers:- papers so that people in country towns will have the opportunity of reading the ( 1) I have not seen the draft Criminal articles? Code as such. (2) The proposal in relation to homo­ Answer:- sexual marriages is a perversion of fact Since the introduction of the advertising and law. There is no present intention to referred to by the honourable member, alter the law in Queensland in respect of numerous requests have been received to the matters referred to in the publicity include the series in country newspapers. given to the draft Criminal Code. It has not been possible to accede to these requests, because of the number of news­ (3) While I have consistently opposed papers that would be involved and the the policies of the Australian Labor additional cost that would be incurred. Party, and will continue to do so, I can­ The fact that the advertisements appear not believe that a majority of its parlia­ in both Sunday newspapers and the pro­ mentary representatives could really vincial morning dailies ensures that the consider in their own hearts that they widest possible coverage is given to "The wish to see practices of this nature, con­ Law's in your court" series. demned sooner or later by all nations down the ages, actually endorsed and encouraged by Australian Territory Law. Surely they realise that any such action 14. NEW BURNETT RIVER TRAFFIC BRIDGE on their part must lead to the ultimate AND RoAD WoRKS, BUNDABERG degradation of Australian society and reflect for ever on them, their political Mr• .Jensen, pursuant to notice, asked the philosophy and indeed their personal lives. Minister for Local Government and Main Roads- Further to his answer to my question on 21 August 1973 with reference to the 12. CATIIEDRAL SQUARE PROJECT, BRISBANE construction of a four-lane highway from the Bundaberg Aerodrome to the inter­ Mr. Turner, pursuant to notice, asked the section of Talkavan and Bourbong Streets, Minister for Works and Housing- what is the present position regarding this ( 1) For what purpose are excavations highway? taking place around the building occupied by the Forestry Department in Ann Street? Answer:- (2) Will the Government vacate this The answer to the honourable member building so that the Cathedral Square in response to his previous inquiry in the project may proceed? House in 1973 indicated that construotion was dependent on funds. becoming avail­ ( 3) If so, when will the Forestry able under the forthcoming Common­ Department move out of these premises wealth-States Road Agreement. Under the and where will it be relocated? provisions of the new Roads Acts there are serious shortfalls in the rural arterial Answer:- category, which includes the Isis Highway, ( 1 to 3) This work is not being carried and although a planning report is well out by my department. I understand that advanced, unfortunately no funds can now it is a Brisbane City Council project. The be programmed for construction of the Government is planning to vacate the section referred to during 1975-76. 368 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

15. MEDIBANK REFUNDS (2) How does this allocation compare Mr. Jensen, pursuant to notice, asked the with last year's allocation? Minister for Health- (3) How does the allocation compare As constituents of mine have complained with that received by other States? that Medibank refunds only a percentage ( 4) Has he any comments to make in of large medical accounts and pays the this regard? balance at a later date, is this correct and, if so, what are the reasons? Answers:- (1) $31,010,000. Answer:- (2) Very badly. It is a reduction of The honourable member will be well $12,800,000 or 29.2 per cent. aware, of course, that arrangements for payment by Medibank of refunds to (3)- patients attending private medical prac­ I titioners were not negotiated by the State State 1975-76 Comparison Health Department. I would suggest 1, $million with 1974--75 therefore that the honourable member direct his inquiry to the head office of Medibank, Brisbane. I am advised how­ New South 123·4 Equal to 1974--75 ever, that it is usual for Medibank to Wales make a refund in respect of the total claim Victoria 98·2 Equal to 1974-75 made by the patient unless certain ite_ms in the claim have been extracted pendmg South Australia 56·4 Equai to 1974--75 further examination. Queensland 31·0 Reduced by $12-8 million 16. HoUSING CoMMISSION PROGRAMME West Australia 33·4 Reduced by $4 FOR BUNDABERG million Tasmania 22·2 Reduced by $4 Mr. Jensen, pursuant to notice, asked the million Minister for Works and Housing- In view of his answer to my question (4) The reduction of $12.8 million is on housing and pensioner units on 26 exactly double the additional amount August, will he press the Treasurer to which the State received in June 1975. take up urgently with the Commonwealth l am not at all impressed with the Com­ Government, and particularly the Common­ monwealth argument that we should be wealth Treasurer, the need for an addi­ cut back because we received $6.4 million tional $50 million for housing in Queens­ in June 1975. Other States received land, as this would be the catalyst to additional amounts during 1974-75. For revive all building trades and manufactur­ example, N.S.W. received $52 million and ing industries connected therewith, and Victoria $36.8 million and they have not the sum would be of little consequence been cut back in 1975-76. Queensland's in a deficit Budget of over $2,000 million? additional amounts totalled $22.9 million Answer:- and we have now been penalised to the tune of $12.8 million. The effect in Every effort will be made, as in the Queensland will be fewer houses purchased past, to convince Canberra of the urg~nt or built through the terminating societies need for more money for welfare housmg and a decrease in the letting of building in Queensland. It is well known that a contracts by the Queensland Housing prosperous home-building indust~y creates Commission. The Housing Commission in a high measure of employment m all the particular will not be able to provide work supporting and allied industries. I need to the volume required to enable its regular only mention local manufacturers of contractors to keep their work-forces in stoves, sinks, roofing tiles and so on, to employment. In 1974 the Prime Minister say nothing of furniture. The need for had said that his Government would pay housing is so self-evident that it should for every Housing Commission house for be outside party politics. However, I which the Queensland Government could suggest that the honourable member let a contract. might exert his undoubted influence on his political friends and comrades at Mr. Alison: He is a liar, though. Canberra in the interests of this State. Mr. LEE: Yes. Answers (contd.) :- 17. FEDERAL BUDGET HOUSING ALLOCATIONS This year's cut in welfare housing funds is a complete negation of the promise that Mr. Young, pursuant to notice, asked the was used as an election gimmick to hood­ Minister for Works and Housing- wink the people oi Queensland. To debit ( 1) What allocation did Queensland last year's funds against this year's is noth­ receive for housing in the Commonwealth ing more than a play on words. I feel Budget recently announced? some sympathy for the Commonwealth Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 369

Housing Minister, who is placed in the Forests Pty. Ltd.; Portion 83 (Lot 1), position of justifying a situation with which Parish of Whiteside, County of Stanley, he cannot possibly agree. He is undoubtely owned by A.P.M. Forests Pty. Ltd.; Portion a victim of his political masters and their 29, Parish of Whiteside, County of Stanley, Trades Hall bosses, who condoned the owned by E. B. and E. I. McSweeney. irresponsible actions as far back as the purchase of "Blue Poles", Germain Greer's M.L. Application No. 1197, Brisbane: Part sex film, allocation of money to people to of Portions 37 and 7v, Parish of Parker, go overseas to study how to spend recrea­ County of Stanley, owned by E. P. and tion leave and many other socialist gim­ V. E. Taylor; Part of Sub. 1 of Portion micks. This has now resulted in the neg­ 40, Parish of Parker, County of Stanley, lect of one of the main social conditions owned by L. J. and B. M. Mayfield; Part of our time-that is, the right of aH Aus­ of Resub. 2 of Sub. 2 of Resub. 1 of tralians to have proper homes for them­ Sub. 1 of Portion 33A, Parish of Parker, selves and their children. county of Stanley, owned by L. J. and B. M. Mayfield; Part of Resub. 2 of Sub. 18. WARCAM MINERALS PTY. LTD. 2 of Resub. 3 of Sub. 1 Portion 33A, Parish of Parker, County of Stanley, owned Mr. Frawley, pursuant to notice, asked the by H. E. Corbould. M.L. Application No. Minister for Mines and Energy- 1198, Brisbane: Part of Resub. 2 of Sub. 2 ( 1) Has he any knowledge of a firm of Resub. 1 of Sub 1 of Portion 33A, known as Warcam Minerals Pty. Ltd. of Parish of Parker. County of Stanley, owned New South Wales and, if so, who are by L. J. and B. M. Mayfield; Part of the principals of the company? Lot 1 on R.P. 120960, Portion 33A, (2) How many applications for mining Parish of Parker, County of Stanley, owned leases have been taken out by this firm by L. J. and B. M. Mayfield; Part of in Samford, Highvale, Cedar Creek, Mount Resub. 1 of Sub. 2 of Resub. 3 of Sub. Nebo, Closeburn and Samsonvale? 1 of Portion 33A, Parish of Parker, County (3) What are the descriptions of the of Stanley, owned by L. J. and B. M. properties and what are the names of the Mayfield; Part of Resub. 2 of Sub. 2 of property owners? Resub. 3 of Sub. 1 of Portion 33A, ( 4) What minerals are being sought by Parish of Parker, County of Stanley, owned the company, as it appears that the min­ by H. E. Corbould; Part of Sub. 1 of ing leases are part of a plot to force Resub. 2 of Sub. 4 of Portion 33A, Parish people to sell their land cheaply and, in of Parker, County of Stanley, owned by the process, blame another developer? W. K., J. H., T. J. and R. C. Curtis; (5) Will he cause an investigation to Part of Resub. 4 of Sub. 4 of Portion 33A, be made into this company to ascertain Parish of Parker, County of Stanley, if it is a genuine mining firm or only owned by W. K., J. H., T. J. and R. C. a dummy being used to deprive people of Curtis. M.L. Application No. 1202. Bris­ their rights? bane: Part of Resub. 4 of Sub 4 of Portion 33A, Parish of Parker, County of Stanley, Answers:- owned by W. K., J. H., T. J. and R. C. (1) The company, Warcam Minerals Curtis; Part of Resub. 2 of Sub. 2 of Pty. Ltd., was formerly known as Ellman Resub. 3 of Sub. 1 of Portion 33A, Parish (3) Pty. Ltd., which was registered with of Parker, County of Stanley, owned by the Commissioner of Corporate Affairs, H. E. Corbould; part of Resub. 1 of Sub. 2 Brisbane, on 28 May 1974. Subscribers to of Resub. 3 of Sub. 1 of Portion 33A, the company were:- Brian George Parish of Parker, County of Stanley, owned McPhee, Chartered Accountant, 20 Crest­ by L. J. and B. M. Mayfield; Part of Resub. view Street, Kenmore, and Grahame Ellman 3 of Sub. 1 of Resub. 3 of Sub. 1 of Brown, Chartered Accountant, 36 Percival Portion 33A, Parish of Parker, County of Terrace, Holland Park. On 11 June 1975 Stanley, qwned by W. J. and V. E. Gregg; Duncan Edward Ian Thompson, solicitor, Part of Portion 8, Parish of Parker, County of 48 Gelgandra Street, Indooroopilly, and of Stanley, owned by Samford Valley Brian Thomas Halligan, solicitor, of 25 Country Club Ltd. M.L. Application No. Yabba Street, Ascot, were appointed secre­ 1203, Brisbane: Part of Lot 1 on R.P. taries to the company. On 19 August 1975, 114236, Portion 2, Parish of Parker, County a change of name of the company to of Stanley, owned by Highvale Pastoral Warcam Minerals Pty. Ltd. was registered Pty. Ltd.; Part of Lot 2 on R.P. 114236, by the Commissioner of Corporate Affairs. Portion 2, Parish of Parker, County of Stanley, owned by A. E. Ward and D. C. (2) Six,-Mining Lease Applications Curnow. M.L. Application No. 1204, Bris­ Nos. 1195, 1197, 1198, 1202, 1203 and bane: Part of Lot 1 on R.P. 114236, 12G4, Brisbane. An application for an Portion 2, Parish of Parker, County of Authority to Prospect has been refused. Stanley, owned by Highvale Pastoral Pty. (3) M. L. Application No. 1195, Bris­ Ltd.; Part of Lot 2 on R.P. 114236, Portion bane: Portion 82, Parish of Whiteside, 2, Parish of Parker, County of Stanley, County of Stanley, owned by A.P.M. owned by A. E. Ward and D. C. Curnow. 370 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

(4) M.L. Application No. 1195-copper, be constructed, as money spent on new lead, zinc, gold, felspar and silica; No. houses is a direct help to the home-building 1197-silica, serpentine, gold and copper; industry. However, to impose limitations No. 1198-silica, serpentine, gold and on the purchase of existing houses could copper; No. 1202-silica, serpentine, gold, deprive families (who are subject to a copper, lead and zinc; No. 1203-silica, means test) of an opportunity to acquire serpentine, gold, copper and zinc; No. a· home with large accommodation or in 1204--silica, serpentine, gold, copper, lead a more convenient location than they would and zinc. obtain from a new house. (5) The company appears to be qualified ( 3) The Housing Agreement allocation to apply for mining leases. to Queensland for 1975-76 is $31,010,000. The agreement provides for societies to receive not less than 20 per cent 19. DoG-POISONING IN CABOOLTURE ($6,202,000) and not more than 30 per cent ($9,303,000). The decision rests with Mr. Frawley, pursuant to notice, asked the the Commonwealth Minister for Housing. the Minister for Police- I have advised him that this State desires ( 1) Is he aware that a dog poisoner to retain the same proportion as in 1974=75, is operating in Caboolture and over the which was 28.5 per cent. This would pro­ past few weeks has caused the deaths vide $8,837,850 to terminating societies. of eight dogs? The old Home Builders Account will pro­ vide a further $1,200,000. (2) As this person has used some baits covered with bubble gum, which means that he may not only be after dogs, will 21. ENGLISH TEACHERS, BRISBANE STATE he consider sending an undercover police­ man to Caboolture to assist the local force, HIGH SCHOOL which is doing its very best to discover Mr. Wright, pursuant to notice, asked the the identity of this person? Minister for Education and Cultural Activities- Answer:- ( 1) How many teachers competent to y es. Adequate police attention has been, teach English at Grade 10, 11 and 12 and is continuing to be, given to this levels are at present on the staff at the matter. It is not considered that the use Brisbane State High School? of an undercover police officer is required. (2) Is he aware of the concern of parents of students attending this school that sufficient English teachers are not 20. Co-OPERATIVE BUILDING SOCIETY available to meet the teaching needs, especi­ ALLOCATIONS ally at the Grade 10 and 12 levels, and Mr. Frawley, pursuant to notice, asked that some parents have even taken steps the Minister for Works and Housing- to personally employ private English tutors to overcome the present vacuum? ( 1) 'Is money allocated to co-operative ( 3) Will he investigate the situation building societies solely for the purchase and take the necessary steps to see that of new houses or are second-hand houses sufficient English teachers are available at included? the school to meet teaching needs? (2) If second-hand houses are included in the allocation, what percentage of the Answers:- money is required to be used for new ( 1 and 2) The present staff of the houses, or is no restriction placed on the Brisbane State High School includes 13 use of the money? teachers competent to teach English at (3) What amount has been allocated Grade 10, 11 and 12 levels. To meet the to co-operative building societies for 1975- teaching commitment of 35 English classes, 76? it has been necessary to schedule the major­ ity of these teachers for three classes in Answers:- English, in addition to their commitments in other subject areas. This scheduling, how­ ( 1 ) Funds provided to terminating hous­ ever, has not been able to provide fully ing societies under the 1973-74 Housing for the extra commitment placed on this Agreement may be used for the purchase of staff by the loss of some two teachers in a new or previously occupied dwelling. the latter part of second term. Whilst Funds provided from the old Home the teaching needs of Grade 10 have been Builders Account, which is now limited to met, some assistance is required at the the money revolving therein, may be used Grade 12 level. for new dwellings only. (3) Arrangements have been made for (2) No such percentage is stipulated in the appointment of two additional English the 1973-74 Housing Agreement. It is teachers to the Brisbane State High School. the view of the commission and myself It is expected that they will commence duty that as many homes as possible should next week. Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 371

22. TYRES ON GOVERNMENT MOTOR police and other persons in authority have VEHICLES been investigated and found to be com­ Mr. Wright, pursuant to notice, asked the pletely without substance. I am somewhat the Premier- surprised to find the honourable member, who has some claims to legal expertise, (1) With regard to motor vehicles pur­ falling for the tripe contained in the docu­ chased by the Government for use by ments to which he has referred. public servants and other employees such as National Fitness officers, is there a set policy as to the type and grade of tyres 24. SCHOOL CADET CORPS supplied for and used on the vehicles? Mr. Row, pursuant to notice, asked the (2) Are all new vehicles shod with four­ Premier- ply tyres and are replacement tyres to be In view of the many public protests and of a similar quality? letters written to members of Parliament (3) Have records or log books been deploring the retrograde decision of the kept on the durability of these tyres and, Commonwealth Government to disband if so, do the records commend or condemn school Cadet Corps, thus adding another the use of this grade of tyre? facet to the deni&ration of our young Australian manhood, will he convey the Answers:- strongest possible protest to appropriate ( 1) Unless otherwise specified, vehicles Commonwealth sources in an endeavour to are supplied with the standard original have this unpopular decision reversed? equipment provided by manufacturers. Most passenger vehicles are equipped with Answer:- four-ply tyres, as these give a softer ride While I am fully conscious of the fact than six-ply tyres and, moreover, such that the financing of the School Cadet vehicles are designed for four-ply tyres. Corps is a matter for the Federal Govern­ All tyres supplied must meet safety limits ment, I am appalled at the decision made laid down by legislation, and it is gener­ for its discontinuance. I will certainly be ally accepted that four-ply tyres are con­ making a strong protest to the Prime Min­ sidered adequate for the carrying capacity ister because I can see in this action of of passenger vehicles. his Government, however trifling it may appear to some people, a further manifesta­ (2) Replacement tyres are generally the tion of his intention to dismantle the whole same as the original tyres. apparatus of Australia's defence system. (3) From records maintained there is This nation would then have nothing with no evidence to suggest that six-ply tyres which to counter a take-over by the Com­ give greater mileage than four-ply tyres; munist friends of the Prime Minister and they are, however, stronger, and are his Government. designed to carry greater loads. 25. CRIME INTELLIGENCE UNIT 23. ALLEGATIONS BY PETER MONAGHAN, Mr. Lindsay, pursuant to notice, asked the CAIRNS Minister for Police- Mr. Wright, pursuant to notice, asked the ( 1) Is there an organisation within the the Premier- Queensland Police Force termed the (!) Is he aware of roneoed letters being Crime Intelligence Unit? circulated to members of Parliament by (2) If so, do the duties of the C.I.U. Mr. Peter Monaghan of Cairns? include investigations into charges of (2) In view of the seriousness of the bribery and/or corruption by police accusations against top ministerial per­ officers? sonnel and members and ex-members of (3) Have members of the C.I.U. been the Police Force, what action does he referred to as spies by the Queensland intend to take on the matter? Police Union executive? (3) Has he read the copy of the statu­ ( 4) In view of the Police Union execu­ tory declaration made by Peter Monaghan tive's publicly stated expression of concern and, if so, will he comment on the allega­ about allegations of bribery and corrup­ tions made? tion, and the need to clear the names of Answer:- honest police, can he explain the union's attitude to the C.LU.? ( 1 to 3) Many people in public life are the recipients of untrue, scurrilous and Answers:­ defamatory communications. Mr. Monag­ han, a person with a lengthy criminal (!) Yes. history, details of which were tabled by (2) Yes. the Minister for Police in this House on (3) Press reports have suggested that a 1 September 1971, has frequently engaged spokesman for the union executive has in this type of activity since he first arrived claimed that spying organizations have in Australia a number of years ago. Dur­ been set up within the Queensland Police ing that period his allegations against the Force. 372 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

( 4) No. However as the Queensland ( 4) I am informed that this is so. Police Union states that it is concerned (5) The salary of a superintendent about allegations of this kind, it would he Grade 1 is $17,225 per annum plus allow­ reasonable to expect that it would support ances of $450 per annum. the Police Department's endeavours to clear the names of honest police officers. (6) $6,588 per annum, plus allowances of $434 per annum in the case of a mar­ ried man and $397 per annum in the case 26. POLICE UNION REPRESENTATION BY MR. of a single man. PAT NOLAN, SOUTHPORT (7) I understand that Mr. Callaghan is Mr. Lindsay, pursuant to notice, asked the an owner or part owner of racehorses. Minister for Police- Cl) Was Mr. Pat Nolan the defence solicitor in the Southport S.P. case? 28. GREAT AUSTRALIAN PERMANENT BUILD­ ING SoCIETY (2) Does Mr. Pat Nolan often repre­ sent the Queensland Police Union in legal Mr. K. J. Hooper, pursuant to notice, asked proceedings and, if so, is he in any way the Minister for Works and Housing- related to any executive officer of the ( 1) Is O'Shea & Co. a nomination for Queensland Police Union and, if so, what the position of auditor for the Great Aus­ is the relationship? tralian Permanent Building Society? Answers:- (2) If so, and if this nomination were successful, would D. P. O'Shea perform (1) Yes. the audit? (2) (a) I understand that a Mr. Pat (3) Is Neville Keith Meredith a director Nolan has a close association with the and/ or is he actively engaged in the executive of Queensland Police Union and accounting activities of the Great Austral­ has represented members of that Union. ian Permanent Building Society? (b) I understand that Mr. Nolan is a nephew of the General Secretary of the ( 4) Are Neville Keith Meredith and Queensland Police Union, Mr. M. J. D. P. O'Shea the same persons who are Callaghan. or were directors of Nursing Centres of Australia? (5) If the answers to (3) and (4) are 27. MR. M. CALLAGHAN AND QUEENSLAND POLICE in the affirmative, are two present or past directors of Nursing Centres of Aus­ Mr. Limllsay, pursuant to notice, asked the tralia controlling and auditing the Great Minister for Police- Australian Permanent Building Society (1) Is Mr. M. Callaghan a full-time accounts? secretary of the Queensland Police Union (6) Has it been ascertained from auth­ and, if so, what salary does he receive? oritative sources that loans made to (2) Does Mr. Callaghan receive any Nursing Centres of Australia in the name other moneys for holding the secretaryship of Mt. Grav&tt Nursing Home, Jindalee or for any other activity associated with Nursing Home, Coonoona Nursing Home, this position? Golden Years Nursing Home and Villa ( 3) What is Mr. Callaghan's total Regis by the Great Australian Permanent income from the union and from other Building Society, and which were the sub­ sources related to his union activities? ject of extensive queries by the society's previous auditors, were transferred and ( 4) Do all members of the union have not repaid to the City Savings Permanent to pay postage on the Queensland Police Building Society on or about 23 June to Journal whether they receive it or not? take away from the society's auditors (5) What is the salary of a police super­ contentious matters and to allow the intendent? present accountancy and auditing situation ( 6) What is the salary of a first-year to arise? constable? (7) Is it good business acumen to (7) Is Mr. Callaghan a prominent race­ transfer any asset of approximately $2.4 horse owner? million returning 1t per cent clear profit to another society? Answers:- (8) Were the members of the society ( 1) Yes. I am informed that his informed of the transfer of this large salary is the equivalent of that of an asset? inspector 1st class, which is $15,956 per annum plus allowances of $450 per annum. Answers:­ (2) I am not aware of the amount paid (1) Yes. to Mr. Callaghan, but I understand he (2) As previously advised in answer to receives other moneys in addition to his the honourable member's question of salary. Thursday, 28 August 1975, the records ( 3) See answer to ( 2) . at the Office of the Commissioner for Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 373

Corporate Affairs reveal that the sole mem­ Answers:- ber of the firm of Messrs. J. J. O'Shea & (l and 2) My department accepts the Co. is Mr. Joseph Justin O'Shea. In these responsibility for replacing school equip­ .:ircumstances, Mr. Joseph Justin O'Shea ment stolen or damaged through van­ would be responsible for the audit of the dalism. In the case of other items not society. covered by this policy, such as tuckshops' ( 3) Y e2. Neville Keith Meredith was saleable stock, many parents and citizens' elected a director last Thursday to fill a associations have obtained an insurance casual vacancv in accordance with the cover, either from private companies or rules of the society. the State Government Insurance Office. ( 4) Yes. Neville Keith Meredith (3) I assure the honourable member that resigned as director of Nursing Centres of my department is constantly considering Australia Ltd. on 1 May 1975. realistic and economic ways of protecting (5) No. Mr. J. J. O'Shea has been nom­ school equipment. inated as auditor for Great Australian Permanent Building Society. Mr. D. P. 30. MITCHELL AND ROMA HOSPITALS O'Shea is not recorded in the Office of the Commissioner for Corporate Affairs as Mr. K. J. Hooper, pursuant to notice, being involved in the auditing of this asked the Minister for Health- society's accounts. ( 1) Has the Mitchell Hospital ceased to ( 6) As previously advised, Great Aus­ treat outpatients and has the dispensary tralian Permanent Building Society has not been closed to the public, thus forcing made loans to Golden Years Nursing patients to attend the local doctor and Home and Villa Regis but loans were made chemist with consequential higher costs? by this society to Mount Gravatt Nursing (2) Has the Roma Hospital ceased its Home and Jindalee Nursing Home prior dispensary services to outpatients and, if so, to 1972 when the Building Societies Acts what are the reasons? were amended to restrict lending directly or indirectly to the provision of accommo­ Answers:- dation for residential purposes. Queries ( I) The Roma Hospitals Board has were raised by the previous auditors during advised that Mitchell Hospital has not the condvst of the audit for the year ended ceased to treat outpatients and the dispen­ 30 June 1974. but these did not relate to sary has not been closed to the public. loans made by the society to nursing homes. As previously advised, written notification (2) The board has also advised that by the Chairman of Directors of Great .Roma Hospital has not altered in any way Australian Permanent Building Society its dispensary services to outpatients, nor shows that the society, with respect to has it any intention of altering any ser­ loans indicated above, was paid out. vices presently available to the public at any of the hospitals under its control. I (7 and 8) If the honourable member for can assure the honourable member that the Archerfield's inference that substantial member for Roma, my colleague the Min­ assets of Great Australian Permanent ister for Lands, and the member for War­ Building Society were transferred to another society is correct, the question as rego adequately represent the areas men­ to whether or not this would be good tioned, and I would advise the honourable business practice would depend upon all member to have discussions with these two the circumstances, which could only be members as to the correct situation in their determined by the directors at the time electorates. the decisi()J] was made. 31. GOVERNMENT SUPPORT FOR GENERAL PRACTITIONERS 29. PROTEC'I10N OF SCHOOL EQUIPMENT Mr. Melloy, pursuant to notice, asked the Mr. K. J. Hooper, pursuant to notice, Minister for Health- asked the Minister for Education and Cul­ With reference to the article in The tural Activities- Australian of 30 August wherein he said ( 1) What compensation is given by the that it was time his Government began State Government to parents and citizens' helping to support G.Ps. within the com­ associations for equipment stolen or dam­ munity, what programmes will he initiate to aged through vandalism? further this aim? (2) Is any insurance policy available to Answer:- the associations to insure against theft and I wish to advise the honourable member vandalism to school equipment? that the words attributed to me are not a (3) Will he request that the Works true statement of what I said. I believe Department, when planning the construc­ the statement referred to a speech I gave tion of school facilities where valuable at the annual meeting of the Queensland equipment is to be housed, provide for Marriage Guidance Council and what I the installation of anti-theft and anti-van­ actually said was this: "Thus it is dalism devices during construction? that this Government began to look at 374 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

helping to support the general practitioner 33. LOCAL AUTHORITY LOAN REPAYMENT within the community". I was referring Mr. Casey, pursuant to notice, asked the to the programmes already instituted by Minister for Local Government and Main my department, namely, the Community Roads- Home Care Programme which commenced ( 1) How many local authorities in in 1969 and the Community Medicine Queensland have been required to capitalise Programme which began with pilot centres loan repayments in each of the last three in Townsville and Redcliffe in 1972. These years, which local authorities are they and centres are designed to fill that vital link what are the amounts involved? between the hospital and the general prac­ titioner and have already helped thousands (2) How many and which local authori­ of Queenslanders. ties in Queensland have applied to defer declaring their budgets and the striking of I table for the information of the hon­ a rate levy for the 1975-76 year, and how ourable member a copy of my speech made many did so in each of the two previous on that occasion. years? Whereupon the honourable gentleman laid the paper on the table. Answers:- (1) There is no requirement for local authorities to capitalise interest and 32. COMMONWEALTH-STATE BRIGALOW redemption payments on loans borrowed. ScHEME The decision to request approval to do so Mr. Casey, pursuant to notice, asked the during the construction period of a major Minister for Lands, Forestry, National Parks work is a matter for the local authority concerned. The information requested in and Wildlife Service- relation to those local authorities who have ( 1) How many persons have obtained capitalised interest and redemption pay­ blocks under the Commonwealth-State ments v, ould take some time to prepare Brigalow Development Scheme? as it would involve a study of files and (2) How many original settlers have job-cost statements over a period of three (a) sold, (b) relinquished or (c) free­ years. Perhaps the honourable member holded their blocks? could let me know the purport of his inquiry, so that the appropriate informa­ (3) How many of the block-holders who tion can be extracted and conveyed to still have financial commitments to the him. ~epartm~nt are (a) in arrears, (b) receiv­ mg assrstance under the Rural Recon­ (2) The Cloncurry Shire Council and the struction Scheme or (c) receiving special Noosa Shire Council were granted exten­ assistance from the State Government? sions of one month and 5 days, respec­ tively, in which to frame and adoot their ( 4) How many of the settlers who are budgets for the current financial year. on cattle blocks have been able to diversify These extensions were granted owing to by growing grain as a cash crop? administrative difficulties associated with Answers:- the preparation of the respective budgets. Extensions were granted for similar (1) A total of 247 blocks under the reasons to one local authority in each of Brigalow Development Scheme has been the previous two financial years. acquired at ballot (170) or purchased at auction (77). 34. FEEDING OF SWILL TO PIGS (2) (a) The holders of seven properties Mr. Hartwig, pursuant to notice, asked the won at ballot and five purchased at auc­ Minister for Primary Industries- tion have since disposed of their interests. (b) No ballot allottees have relinquished ( 1) With regard to the ban on the their holdings but two purchase blocks feeding of swill to pigs, has his attention were repossessed and re-offered some years been drawn to an article in the Queensland ago. (c) To date, seven properties have Country Life of 28 August in which Dr. been freeholded. Everingham is quoted as saying that it was unreasonable to blame the Common­ (3) (a) Landholders with financial com­ wealth Government for banning swill­ mitments to the scheme total 203. (b) Rural feeding of pigs as the move had been reconstruction assistance has been extended supported by all States at the Australian to 22 settlers. (c) The State Government Agricultural Council? is assisting landholders by way of defer­ ment of land rents, freeholding instalments, (L) Did the Queensland Government deferment of loan repayments and with support the introduction of the soheme? special carry-on funds. (3) Has the Queensland Local Govern­ ment Association supported the scheme? . (4) There are about 25 settlers, mainly m Areas I and II, namely, the southern ( 4) What is the total estimate of the end of the developmental area, who have costs involved, which Dr. Everingham has grown cash crops at various times and stated would be borne by local authorities? have the machinery to continue this (5) How is it proposed to dispose of wet activity. swill, and will this be 100 per cent effective? Questions Upon Notice (3 SEPTEMBER 1975] Questions Upon Notice 375

Answers:- 36. TIME DELAY PAYMENTS, !NNISFAIL (1) Yes. FISH BOARD Mr. Houston, pursuant to notice, asked (2) The proposal to ban the feeding of the Minister for Aboriginal and Islanders certain garbage to pigs was supported by Advancement and Fisheries- all State Governments at the Australian Agricultural Council. The decision has ( 1) Why has the Innisfail Fish Board been reaffirmed on two subsequent occa­ introduced the time delay payment to sions. mackerel fishermen for their catch, 60 per cent of purchase price on delivery (3) From correspondence received by my and 40 per cent at some later time, in department, the Local Government Associa­ some cases many months? tion of Queensland has expressed opposition (2) As the cost of living and the cost to the proposal. However, it is of interest to the fisherman of the operation of his to note that in almost half of the shires boat and equipment have increased over in Queensland, there do not appear to be the years, why has the price to the any piggeries feeding garbage and, of those fisherman for whole fish been reduced that are affected, almost all are taking steps from $1.03 per kg last year to $1.00 now to dispose of the additional garbage. and for fillets from $1.63 last year to (4) I do not know what the costs to $1.60 now? local authorities for collection and disposal Answers:- of additional garbage might be. From our inquiries, however, it appears that their (1) The northern mackerel season is intention is to recoup the costs as far comparatively short. It has been necessary as possible by charging a service fee to for the Queensland Fish Board to hold the premises concerned. large quantities of mackerel in cold storage over an extended period in order to (5) Discussion with the Department of maintain a stable price to the fishermen, Local Government indicates that where and to avoid the unpayable glut prices sewerage facilities permit, the material will which would otherwise prevail. The board's be ground and disposed to sewerage. In initial decision to make a 60 per cent first other situations disposal will be by burial advance, and make payment of the balance with other wastes. It is doubtful if any at a later date, was based upon an scheme of disposal can ever be 100 per cent estimate of the stocks to be stored and effective, but the important matter is to the finance available for this operation. reduce as much as possible the grave risk to our livestock industries which feeding (2) The decision to reduce the price to garbage represents. fishermen by 3c per kg is similarly explained. The board regularly reviews the situation with a view to providing all possible assistance to fishermen to reduce 35. KANGAROO AND WILD PIG HARVESTING the impact of the high-cost situation in Mr. Hartwig, pursuant to notice, asked the which they now labour. Minister for Lands, Forestry, National Parks and Wildlife Service- Cl) Must a landholder apply for a 37. INTERNAL CHECKS, S.G.I.O. permit to shoot kangaroos on his own land, Mr. Houston, pursuant to notice, asked even though the marsupials are causing the Deputy Premier and Treasurer- great losses to his crops? (!) In view of the remarks by the (2) Is a landowner required to request Auditor-General in his report on the an inspection of his crops by an officer S.G.I.O. for 1973-74 on the lack of or inspector to determine whether he can adequate internal controls and checks in be granted a permit to shoot kangaroos the office, what was the amount of money on his own property? lost to the office through what the Auditor­ (3) Do these regulations apply to wild General says stemmed from inefficiency or pigs? If so, will he rescind these ridiculous negligence? anomalies? (2) What changes are being made by the management of the office to correct the Answers:- position? (1) A landholder must apply for a permit (3) Is the office having success in to shoot kangaroos on his land for what­ recruiting qualified persons needed for the ever reason. All fauna is the property of class of work involved? the Crown. (2) No. But he may seek advice from Answers:- a local Department of Primary Industries (!) It is not possible to specify the officer in order that the best advice on amount of money lost to an organisation the cause of and solution to the problem through inefficiency and negligence, as it is made available, if he so desires. is also not possible to value precisely the (3) No. gains brought about by above-average 376 Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice

efficiency and application. The Auditor­ the capacity of the TownsviUe South Yard General in his comments has made no workshop is adequate to meet the camp­ attempt to quantify this. Details of particular wagon construction programme agreed irregularities have been listed in the upon. A deputation of representatives of Auditor-General's annual report upon the the Australian Railways Union, Electrical Treasurer's Statement dated 12 September Trades Union, Amalgamated Engineering 1974, which has been tabled in the House. Union and Queensland Railway Mainten­ ance Union of Employees sought an (2) During 1974-75, the classification of undertaking from the Commissioner on the position of internal auditor was lifted 10 July (972, that one camp-wagon be to classification I-II and a suitably qualified constructed every three to four months m and experienced officer has been appointed the Townsville workshops. This under· as the leader of the internal audit team. taking was given and has been more than (3) No other vacancies have occurred honoured, the number of wagons con­ in the Internal Audit Section during the structed in the Townsville workshops since financial year 1974-75 and consequently that date averaging six per year. The no recruitment has been necessary. construction of a further six is proposed during the current financial year. There is, of course, a financial limit on the 38. ACTIVITIES OF MR. DAVIS AGAINST DRUG TRAFFICKING extent to which the department can under­ take construction work of this nature. Mr. McKechnie, pursuant to notice, asked In addition to the execution of a pro­ the Minister for Police- gramme for the construction of some 22 With reference to the front-page article camp-wagons per year at a cost approximat­ in the Sunday Sun of 31 August entitled ing $20,000 each, the department is com­ "Killer's Dad in Pot Trail Vendetta", has mitted to a very substantial expenditure Mr. Davis tried to help the police by on the updating of accommodation for handing to them information regarding migratory gangs, and the agreement with drugs which he claims to have in his the unions is based on the continuation possession? of camp-wagon construction only at its present level. Answer:- It may be that Mr. Davis has passed 40. POLICE HEADQUARTERS BUILDING, information to police at a centre or TOWNSVILLE centres in Queensland. Without making inquiries at all police establishments in Mr. M. D. Hooper, pursuant to notice, the State, I am unable to establish whether asked the Minister for Police- he has done so. ( 1) As many representations have been made to him in recent years for the erec­ tion of new police headquarters in Towns­ 39. RAILWAY CAMP-WAGONS, NORTHERN DIVISION ville to replace the old and inadequate building at present in use, what is the Mr. M. D. Hooper, pursuant to notice, current departmental attitude in relation asked the Minister for Transport- to (a) the purchase of land for a new (!) Since he met a deputation from the headquarters building or (b) the erection Combined Railway Unions in Townsville on of a new building on the existing site? 9 May and discussed, among other matters, (2) How soon will a new building be the acute shortage of camp-wagons in the erected? Northern Division, has he received a written submission from them detailing Answer:- the problems in relation to this matter? (1 and 2) Following an unsuccessful (2) If so, what action does he intend to endeavour to purchase an alternative site take in relation to either (a) expanding in Townsville, the present policy is on the wood-section of the Townsville South the basis of erection of a new building Yard workshops or (b) making additional on the existing site. Finance for police use of the carriage-shop and wood-mill building works is fully committed to sections at the Cairns workshops, so that urgent projects for some years, and the the rate of construction of camp-wagons time when the new building will be in the Northern Division can be accelerated erected cannot be definitely stated at this to overcome the acknowledged desperate stage. shortage? Answers:- 41. REGIONAL ORGANISATION ASSISTANCE (!) These submissions were forwarded GRANTS under cover of a letter dated 11 August Mr. M. D. Hooper, pursuant to notice, and received on 15 August. asked the Minister for Survey, Valuation, (2) The proposals advanced are under Urban and Regional Development- consideration, but neither of them favour­ As he would be aware that the regional alDly commends itself. The facilities in the council organisations in Queensland did not Cairns workshops are not suitable, whilst receive any Commonwealth $2,000 grant~ Questions Upon Notice [3 SEPTEMBER 1975] Questions Upon Notice 377

under their Regional Organisation Assist­ mining is to be performed in this area, ance Programmes last year, is the Com­ sound engineering advice under govern­ monwealth Government prepared to abide ment consultation will be obtained so as by section 96 of the Constitution and to preserve this limited area and its great make the R.O.A.P. grants available this potential tourist attraction? year through the State Government? Answers:- Answer:- (!) The dinosaur footprints are on a In 1974-75 the amount available under lease held by Mt. Morgan Limited. the Federal Government's R.O.A.P. Pro­ gramme was $2,000 to provide assistance (2) Yes. Office charts have been noted to regional organisations to offset costs to this effect. of travel, stationery, postage, telephone (3) Yes, on a lease held by Mt. Morgan and other secretarial expenses in respect Limited and there is no immediate threat of their role as co-ordinators of councils to the plesiosaur remains. Office charts for Grants Commission purposes. In view are suitably noted in this case also. of the facl that the State Government considers that regional groups are advis­ ory bodies only and not established on a 43. LONG SERVICE LEAVE basis whereby they could receive and IVI:r. Yewdale, pursuant to notice, asked spend moneys, the State was not prepared the Minister for Industrial Development, to accept this programme unless the Labour Relations and Consumer Affairs- amounts were paid to the State for dis­ ( 1) With reference to the section of the tribution to local authorities. This was Treasurer's policy speech of 1974 wherein not agreed w and hence the State Gov­ he said that his Government would intro­ ernment in 1974-75 offered similar financial duce a scheme to provide long service assistance from its own source. In fact, leave benefits to all workers in Queens­ the State Government did make a payment iand, does the Government intend to of $20,000, equivalent to the maximum amount pa) able by the Commonwealth, to introduce the necessary legislation during the 10 regions in Queensland, which was this session of Parliament to provide all equally distributed amongst all Queensland workers with long service leave? local authorities. I might add that the (2) If the legislation will not be intr?­ Queensland Government also indicated to duced during this session, can workers m the same local authorities that we would Queensland expect this promised benefit? be prepared to consider any expenditure proposals submitted through the Co­ Answer:- ordinator-General in respect of the $8,000 (1 and 2) As is customary with matters grants up to the maximum amount which of policy, the Government's intention in we might have expected from the Common­ this matter will be divulged at the approp­ wealth. I understand that some proposals riate time. have bee~~ submitted and are presently under co,.,sideration. In relation to 1975- 76, an amount of $330,000 was provided 44. ANNUAL CoST OF OFFICIAL for the whole of Australia for this pro­ AEROPLANE gramme in the recently announced Federal Mr. Ycwdale, pursuant to notice, asked Budset. TLe precise amount to be allo­ the Deputy Premier and Treasurer- cated 1o e~cch State has yet lo be decided bv the Federal Government. Vv'hether the ( 1) Has he seen the article by Peter approach adopted by the State Govern­ Charlton in the Telegraph of 27 August? ment in 974-75 will apply in 1975-76 (2) Does he agree with Mr. Charlton's will depend on further information being calculations on the cost per year of the obtained from the Federal Government new Government aircraft? as to the details of the programme for ( 3) If not, where have Mr. CharI ton's this year. calculations gone astray?

42. PRESF''- ,,7i0"1 OF RELICS, MT. MORGAN Answer:- Mr. Hal1son. pursuant to notice, asked (] to 3) I did read the article referred to the Minister for Mines and Energy- by the honourable member. However, I am not in possession of the cost details which Cl) Is the cave at Mt. Morgan con­ would enable me to either verify or dispute taining dinosaur footprints held by Mt. the figures presented in that article. As Morgan Ltd. on its company lease and, if the honourable member should be aware, not, under ,, hose control is this particular the Treasurer's responsibilities do not cave? extend to the detailed recording of costs (2) Following any future application for incurred by the various departments. Such Jeases of this area, will he take into costs are met by the individual depart­ account its profound historical significance? ments within the appropriations provided (3) As the petrified bones of a plesiosaur by Parliament and the data relating to were also discovered in this area in 1965, detailed items of expenditure are retained will he give some assurances that, if in the departments. 378 Questions Upon Notice [3 SEPTEMBER 1975] Questions Without Notice

45. SICK LEAVE, RAILWAY DEPARTMENT operated in rented premises at Atherton. Mr. Jones, pursuant to notice, asked the Approvals have also been given for the Minister for Transport- construction of the following centres:­ Dimbulah; Mount Garnet. As Railway Department employees are not paid accumulated sick leave entitle­ ments on retirement, what periods of sick QUESTIONS WITHOUT NOTICE leave were retained and what amount did this represent in uncollected funds during PoLLUTION IN TINGALPA-HEMMANT AREA the last financial year? Mr. BURNS: In directing a question to the Minister for Local Government and Answer:- Main Roads, I refer to the growing concern The information sought is not separately of local residents in the Tingalpa-Hemmant recorded, and the diversion of staff to area, as well as that of residents of other undertake the extensive task which would suburbs farther from Donald Dixon's tannery be involved in extracting it could not be at Hemmant, about the continued foul pol­ justified. lution from this source, and ask what pro­ gress has been made in the elimination of 46. RAIL MOTOR SERVICES, CAIRNS- this distressing problem. RAVENSHOE Mr. IDNZE: I, too, am greatly concerned Mr. Jones, pursuant to notice, asked the about this area. Possibly it is the worst Minister for Transport- planned in Queensland. Unfortunately for ( 1) What were the reasons given and the Leader of the Opposition, he represents why was it found necessary to cancel rail­ it. I am not blaming him. This area motor services 66 and 67 between Cairns indicates just how bad things can get with and Ravenshoe on Saturdays, as from 31 bad town planning. I have been concerned May? about the whole question of odours in the (2) Following withdrawal of the service, Murarrie-Hemmant-Tingalpa area from the has any further consideration been given many noxious and offensive industries estab­ to, or survey undertaken for, the restora­ lished there. The area contains a urea fer­ tion of a week-end service to the Table­ tiliser factory, two large abattoirs, two bacon lands? factories, a poultry-processing plant, a ren­ dering works, a hide-treatment works, two Answers:- skin-drying sheds, a tannery, stockyards, a ( 1) The running of these rail-motors council tip (very recently closed) and a between Mareeba and Ravenshoe was dis­ council sewerage works and, unfortunately, continued because of lack of patronage. all these are mixed in with beautiful homes An average of four passengers travelled and wonderful people. The greatest possible between Mareeba and Ravenshoe, and an mistake was made in allowing residential average of five between Ravenshoe and development near such industries, and this Mareeba. is reflected in the complaints from recent home buyers. (2) No. In view of the nature of the raw materials and the processes involved, no practicable 47. PRE-SCHOOL CENTRES, NORTHERN controls are available to prevent the emission EDUCATIONAL REGION of odours from such plants, so it is essential Mr. Jones, pursuant to notice, asked the that buffer zones be provided. Minister for Education and Cultural Activities- A very serious problem responsible for many complaints has been associated with Will he list the pre-school centres now Dixon's tannery. This factory has been operating or which will be operating before at its present location for over 25 years and, the end of 1975 in the northern regional as the area is not served by an industrial area, and those centres in order of forward sewer, the liquid wastes are disposed of priority for which approval has been given directly onto the company's own land, giving and which should be in operation in 1976 rise to much of the odour. Action was and 1977? initiated in 1972 to clean up the waste waters Answer:- (140,000 gallons a day) to a level suitable for discharge into a sewer. This treatment The following State pre-school centres plant is now in operation but there is still are either already in operation or will be no sewer. Recently the Brisbane City Council in operation before the end of 1975 in the said that its industrial sewer along Queens­ northern educational region:-Aitkenvale; port Road will be finished by June 1976 Aurukun; Ayr; Ayr East; Balaclava; and the tannery has agreed to run a branch Bowen; Cairns West and Special; Curra­ line to the sewer by this date. Until this jong; Doomadgee; Edge Hill; Goondi; happens, the only viable alternatives would Gordonvale; Heatley; Home Hill; Innisfail; seem to be to continue the disposal onto Malanda; Mareeba; Mornington Island; the land or to discharge the material directly Mossman; Queens Beach; Richmond Hill; into Bulimba Creek. The latter would result Townsville South; and Vincent. In addi­ in further pollution of the creek and almost tion an interim pre-school facility is being certainly spread the odours further afield. Chiropodists Act, &c., Bill [3 SEPTEMBER 1975] Matters of Public Interest 379

There have been suggestions that the works PROFESSIONAL ENGINEERS ACT should be shut down but I am sure that AMENDMENT BILL the honourable gentleman would not want INITIATION to put over 300 employees in his area out of work. Hon. N. E. LEE (Yeronga-Minister for I intend to appraise the latest situation at Works and Housing): I move- the works on Friday, 19 September, and I "That the House will, at its present invite the honourable member for Lytton to sitting, resolve itself into a Committee of join me there at 9.30 a.m. Perhaps he the Whole to consider introducing a Bill to would like to bring the Lord Mayor of the amend the Professional Engineers Act city of Brisbane with him. 1929-1973 in certain particulars." Motion agreed to. PEDESTRIAN CROSSINGS OUTSIDE ScHOOLS Mr. LAMOND: I ask the Minister for GLADSTONE POWER STATION Transport: Do his departmental officers con­ OPERATION AGREEMENT BILL fer with members of parents and citizens' associations before recommending or reject­ THIRD READING ing pedestrian crossings where such recom­ Bill, on motion of Mr. Camm, read a third mendations have been made by such associa­ time. tions? Mr. K. W. HOOPER: The Queensland PETROLEUM (SUBMERGED LANDS) Road Safety Council certainly inspects the ACT AMENDMENT BILL sites and confers with not only parents and citizens' associations but all other organisa­ THIRD READING tions or individuals who are interested in Bill, on motion of Mr. Camm, read a third road safety, and pedestrian crossings are no time. exception. However, it is not the Queensland Road COLONEL DANIEL EDWARD EVANS Safety Council that decides whether or not (WILLIAM PARRY MEMORIAL this facility is made available. The recom­ BURSARY) BILL mendations are made either to the Main Roads. Department or to the Brisbane City THIRD READING CounCJl and one of them makes the decision Bill, on motion of Mr. Bird, read a third whether the facility is provided. time.

Mr. SPEAKER: Order! The time allotted CONSTRUCTION SAFETY ACT for questions has now expired. AMENDMENT BILL THIRD READING STATE COUNTER-DISASTER ORGANIZATION BILL Bill, on motion of Mr. Campbell, read a third time. INITIATION Hon. A. M. HODGES (Gympie-Minister COLLECTIONS ACT AMENDMENT BILL for Police): I move- THIRD READING "That the House will, at its present sit­ Bill, on motion of Sir Gordon Chalk, read ting, resolve itself into a Committee of a third time. the Whole to consider introducing a Bill to provide for the establishment of a State Counter-Disaster Organization and a State ACTS REPEAL BILL Emergency Service and their powers, THIRD READING authorities, functions and duties and for Bill, on motion of Sir Gordon Chalk, read matters incidental to and consequent upon a third time. their establishment." Motion agreed to. MATTERS OF PUBLIC INTEREST SUBCONTRACTORS' CHARGES ACT CHIROPODISTS ACT AMENDMENT BILL Mr. HANSON (Port Curtis) (12.8 p.m.): It is very refreshing to be able to enter INITIATION the debate on matters of public interest. Hon. L. R. EDWARDS (Ipswich-Minis­ I hope that the Minister for Local Govern­ ter for Health): I move- ment and Main Roads remains in the "That the House will, at its present sit­ .Chamber and ceases, once and for all, his ting, resolve itself into a Committee of the odious practice of tin-tipping, and listens to Whole to consider introducing a Bill to my remarks, because he may learn something. amend the Chiropodists Act 1969 in cer­ Mr. HINZE: I rise to a point of order. tain particulars." The statement of the honourable member for Motion agreed to. Port Curtis that I tip tins is offensive to me. J 380 Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest have been in this Parliament for over nine doctrine that might is right, and that is the years and I have never on any occasion tipped complete antithesis of what is purported to the tin, as the honourable member knows. be the principle of law in this State. It is a reflection on me. I referred earlier to the loss of about $80 000 by a subcontractor. I point out Mr. SPEAKER: Order! There is no valid that 75 per cent of that was paid out in point of order. direct wages. Of course, that particular exercise could have caused the virtual Mr. HANSON: Thank you very much for collapse of the subcontracting company that ruling, Mr. Speaker. My remarks today engaged on the project and it could also have concern the Subcontractors' Charges Act. I affected those who were not directly engaged believe that every member of the Government, on the engineering enterprise concerned. It and particularly the Honourable the Premier would have taken from a developing town a and other members of the Cabinet, should firm that was highly ethical and provided at least take some cognizance of this vile considerable employment for the workers in legislation that is causing considerable concern that community. and anxiety to many people in this State, particularly those in commercial and company In essence, the Act is very effective in circles. putting companies out of business by legally allowing the principal to withhold payment Some time ago, I asked certain questions from them but apparently it does not assist in this House about this particular Act and, the subcontractor to recover his money. One as usual, the answers were very unsatisfact­ of the major defects is that, once the principal ory. On that occasion my questions related had frozen the cash flow to the contractor, to an instance in which a subcontractor the latter would not proceed wi1h the entered into arrangements with a contractor remainder of the work unless he had suffic­ and a principal to do a certain class of work ient liquidity to carry it through. If that involving expenditure of about $80,000. were so, of course, the subcontractor would After many months of delay, and after seek­ not have pressed the charge in the first place. ing opinions from various barristers and Once the contractor has stopped work, the solicitors as to the validity of the legisla­ money owing to him can be used by the tion, the subcontractor now finds that he is principal to complete the work, and the unable to claim upon the contractor or to lay principal can be tempted to involve himself his hands upon a solitary cent for the work in a "Rolls Royce" type project that was not he carried out. That is very much to be envisaged in the original plan. regretted. On the other hand, if the principal is In the main, people working on projects honest and produces the plant from approx­ throughout the State are very concerned imately the original contract value, thereby indeed about the operations of the Subcon­ leaving money payable to the contractor, tractors' Charges Act. In the case to which the time factor becomes important, because I referred, the contractor has gone out of by then very likely the subcontractor has business, with the liquidator paying nothing in gone bankrupt. the dollar. The principal spent all the money that may have been owing to the contractor, The Subcontractors' Charges Act of 1974 and some seven months later the project is went through this House. As legislators we still far from complete. That is unfortunate have to see it in operation. Our mind goes for the industrial progress of the State. The back to the repeal of the Contractors' and subcontractor in question met all his obliga­ Workmen's Liens Act in 1963. It was tions in the matter but, through no fault of repealed at the insistence of a Cabinet Min­ his own, he has become a victim of circum­ ister to get one of his family off the hook. stances. That was well known throughout the Cham­ The Act, which in some legal circles is ber at the time. The Subcontractors' Charges said not to be worth the paper it is written Act of 1974 has not as yet been the subject on, is extremely dangerous. I hope that the of consideration by a superior court. Of Minister for Justice, when he returns from course, it has its ancestry in many of the his jaunt overseas, will exercise his mind in early Acts in Queensland and New Zealand. the interests of Queenslanders and give some There are very few precedents of value to relief to subcontractors and also remove the legal world. Those that are available are anxiety from the minds of working people. only of limited assistance. The Act is As I said, the Act is extremely dangerous to obscure in its construction. It appears to contractors and subcontractors alike, and I have been drafted without taking into hope that the Minister, who should have account commercial realities or, more sig­ some practical knowledge of what is occur­ nificantly, the fact that parties in the building ring, will for once have the guts to face up industry regulate their relationships by con­ to his responsibilities and demand some form tract. Lawyers regard the Act as being diffi­ of action by Cabinet. I hope we will see cult to construe and apply. that happen. The key to the Act is to be found in sec­ The Subcontractors' Charges Act reduces tion 5 (1), which provides to the effect that the subcontractor's chances of claiming any a subcontractor is entitled to a charge on money. Unfortunately, that has often hap­ money payable to the contractor from whom pened. It embraces, clearly and concisely, the he has subcontracted or to t!o:: contractor Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest 381

from whom his contractor has contracted. Admission to Wilson Youth Hospital is The money the subject of the charge is to very rarely by voluntary admission following be payable under the contract of the party parents' making application to the director to to whom it is payable. By section 5 (2) the have a child admitted. Usually children are charge secures payment in accordance with committed to the care, custody and control the subcontract of all money payable or to of the Director of Children's Services. The become payable to the subcontractor for director is in loco parentis and has a moral work done under his subcontract. Charges obligation both to the parents and to the are implemented by notice of the claim of a State to ensure that children under his con­ charge being given, pursuant to section 10 trol do not abscond. For this reason alone, (1) (a) of the Subcontractors' Charges Act, locks on doors are an absolute necessity. In to the person by whom the money is payable. addition they prevent the unauthorised entry By section 10 (1) (b) notice of having into the hospital of persons and dangerous made the claim is to be given to the con­ articles. I suspect that in some instances this tractor to whom the money is payable. denial of entry to people who have no right of access to the patients is the real bone of In the case I have mentioned, the sub­ contention. Revolutionaries who seek to contractor gave notice of an intention to upset patients for political ends are not wel­ make a claim to the principal by whom it is come. The security is such that the:' cannot alleged money was payable to the contractor gain entry as they can in man: other resi­ and notice to the contractor of having made dential institutions. that claim. The principal became obliged under section 11 (1) of the Act to retain The aiding and abetting of a juvenile to sufficient money out of what was payable, commit an offence is one of the most or to become payable by him to the con­ dastardly crimes in our Criminal Code. tractor, to satisfy the subcontractor's claim Parents have been known to me small child­ under the pain of being personally liable. ren as a means of gaining access to locked Further, upon notice of having made the buildings, and at the Westbrook Training claim of charge being given to the con­ Centre, with its open environment, persons tractor and upon the contractor's failure to have been known to aid and abet children make satisfactory arrangements for the pay­ to commit crimes or a breach of the rules ing of the amount claimed, the subcontractor under which they are kept in custody. At became entitled to recover the money from the Wilson Youth Hospital the security is the principal and unfortunately had to engage such as to prevent the commission of these in expensive litigation by suing. offences. It is fully realised that there could be Without such security, truant; and competing claims by subcontractors. That absconders would soon be gone and the staff must be borne in mind because of section 8 would waste much of their time in searches of the Act. Here we find the contractor and pursuits. But with the installation of going into liquidation and it seems that there the locks the child guidance programme can will be nothing left for the general body of proceed smoothly. secured creditors. Inaccurate claims have been made as to (Time expired.) the use of drugs and addiction to medication by persons in custody at the hospital. Such claims are utter nonsense and are made only ADMINISTRATION OF THE WILSON YOUTH to create mischief. The medications that are HosPITAL used are not regarded by the State or Federal Health Departments as addictive. Dr. LOCKWOOD (Toowoomba North) Many patients suffer from medical conditions (12.,19 p.m.): A campaign has been mounted that respond well to medication. Nobody against the administration of the Wilson could convince a member of the general Youth Hospital. A pamphlet that was sent public that he should totally forgo medication to many honourable members last week treatment that improves his well-being. prompted me to visit the hospital with the honourable member for Brisbane (Mr. I am sure that all honourable members Harold Lowes). Mr. Lowes, who is a know of patients who, as a result of treat­ solicitor, has the utmost faith in Mr. ment by medication, are able to lead normal Matthews, the magistrate of the Children's useful lives. Their epilepsy, depression or Court, and in his administration of the severe psychiatric disorders have been con­ Children's Services Act. trolled. So it is with the children at the Wilson Youth Hospital, where medication is My experience as medical officer visiting US'ed under strict instructions only to help Westbrook Training Centre and other places children who will benefit from its use and where I have made medical examinations of thereby be able more readily to adapt them­ enlistees or recruits made me suspect that selves to the correction of any anti-social this campaign was a false one. My visit to ideas or attitudes that they may harbour. the hospital convinced me that the campaign What sadist would have these children denied has no medical or moral basis, but has been their medication? Would the knockers of mounted purely for political purposes by the Wilson Youth Hospital 'Nant to see the political bodies. I believe that those people patients deprived of stability, control and will continue that campaign. comfort? 382 Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest

Wherever medicine is practised there is a These examinations also discover many very real need for a means of rapidly sedat­ serious neurological and physical defects, ing a patient who is temporarily bent on self­ which may be genetic or the result of a injury or even self-destruction. Patients difficult birth. Many serious surgical con­ do appreciate the relief gained from injec­ ditions, of which parents are unaware, are tions that control fits of rage and the con­ detected when examinations are made. In dition of extremely violent incessant activity, this context I refer to hernias, undescended known as mania. Many such people, who testicles which have a very severe compli­ are not responsible for their condition and cation rate, involving even death, and other actions, thank the person administering the malformations that can be corrected. injection for the relief that comes with it. Education at the Wilson Youth Hospital The withdrawal from the community of is less academic than at ordinary schools. such a patient in that state preserves his This is rightly so. Many of the patients dignity. This is a basic human right, and are disturbed and perhaps hostile to the to allow a person to enjoy the right to normal school environment because they have preservation of his dignity the Wilson Youth suffered rejection there. Hospital has a withdrawal room in which There is no demonstrable basis for the patients can be given injections. Anyone attacks on the integrity of the Wilson Youth suffering from otherwise uncontrollable rage Hospital staff. I support the Minister in or a tantrum can be treated in that with­ his defence of these hard-working, dedicated drawal room, away from the eyes of people people, and join with him in denouncing who would, under ordinary circumstances these attacks for what they are. see them at their worst both medically and socially. The need for medical examinations of all INCORPORATION OF BoTANIC GARDENS IN persons living in close proximity in institu­ PARLIAMENT HOUSE GROUNDS tions was recognised long ago. The Armed Mr. DEAN (Sandgate) (12.29 p.m.): I wel­ Services as well as many community groups come this opportunity to bring before the have championed the cause of physical fit­ House a matter of very great importance ness and freedom from infection and con­ concerning the Botanic Gardens. I commend tagion as a means of ensuring both harmony an extension of the architectural and his­ and well-being among their members. torical value of Parliament House by incor­ The objections to gynaecological examina­ porating into its surrounds the splendour of tion have been borrowed from a southern the Botanic Gardens that now face it on organisation. Civil rights spokesmen have the opposite side of George Street. no objection whatever to female patients The present Parliament House building undergoing such examinations as those per­ was erected on portion of what was once formed at the Wilson Youth Hospital. I known as Queen's Park, following the laying spoke to five female patients, not one of of the foundation stone on 14 July 1865. whom had an objection to the nature or It is built of sandstone from Woogaroo, which extent of any examination performed at the is now called Goodna. The architect, Charles Wilson. Youth Hospital. To a girl, they Tiffin, designed in it a renaissance st:yle, appreciated that it was for their singular although it is less ornate than overseas bmld­ benefit and collective protection that such ings of similar style. Nevertheless, it is an examinations were carried out. They did attractive building although, perhaps, a better not know fully the dangers of diseases term for it would be "edifice". that they could have had but, in their own way, they knew that girls could have condi­ You will have noted, Mr. Deputy Speaker, tions for which prompt diagnosis and treat­ that Parliament House now stands in its ment would be beneficial. Prompt treatment of own grounds enclosed by an ornamental cases of venereal disease, infestations or fence of stone and wrought iron. I wish to scabies is beneficial. improve the over-all standing of the House by adding to its dignified appearance . a All too often patients at this hospital, frontal area of greenery and open space-m both male and female, have no idea of what other words, let nature provide serenity. We is wrong with them. Like most teenagers should remember that Shakespeare said "One and a great many adults, they have not the touch of nature makes the whole world necessary education, or sufficient knowledge kin", and that Voltaire said, "Nature always of these problems, to know when they are has more force than education". infected or infested. Many a youth has been very harshly penalised by nature itself with Except for the accommodation of 82 mem­ sterility following an untreated venereal bers, to the eye Parliament House is a infection. Only last year I detected a lass hall of assembly befitting the dignity of who, without any knowledge that she had our great State. I know that plans are in a disease, had had gonorrhoea for 14 months. hand for a new administration and accom­ She and her family were very grateful for modation wing within the grounds. I under­ the diagnosis made and the treatment initiated. stand that it will have 16 levels-two below When such a diagnosis is made, the Wilson ground, a four-storey podium block and a Youth Hospital arranges prompt treatment. 10-storey tower block. All of this is progress On that basis alone it is worthy of com­ with a purpose. It will be an interesting mendation. backdrop to the sandstone serenity of the Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest 383

present building. Further, this complex will MT. GRAVATT CoMMUNITY CENTRE be worthy of display or highlighting to the best advantage. Mr. KAUS (Mansfield) (12.34 p.m.): I want to tell the story of a community which For this reason I propose immediate action refuses to acknwoledge bureaucracy as its by the Government to bring the Botanic master or frustration as an excuse to let Gardens in George Street under the juris­ a legitimate cause fail. I refer to the diction of Parliament and to incorporate the community of Mt. Gravatt and surrounding area into the Parliament House surrounds. suburbs and to the bureaucracies of the For instance, it could be called "Parliament Brisbane City Council, self-centred big busi­ Park". It could be and should be so ness and the Australian Government. The administered as to constitute the shop-window cause is the Mt. Gravatt Community Centre, of our Legislative Assembly complex. which is a project well known to honour­ Modern living, with its appetite for haste able members. It was originally planned and waste, tends to diminish the quality of for the Upper Mt. Gravatt Showground. life. My proposal offers an excellent oppor­ tunity for the Government to be progressive I feel that the House should be made aware about conservation and to show consideration that, no matter how many setbacks the Mt. for the quality of Brisbane living. In short, Gravatt Community Centre Planning Com­ it could set an example worthy of emulation mittee receives, it will continue to fight, even elsewhere. if it has to approach citizens for funds to take the case on appeal to the highest tri­ Planning is well in hand for Brisbane's bunal in Australia. No doubt the committee Botanic Gardens to be an area at Mt. will do that. Coot-tha. A great amount of work has already taken place in that area and no Honourable members will recall that even doubt, in the future, it will be better than though the Upper Mt. Gravatt showground the present Botanic Gardens. This in itself site was bequeathed to the people in about is progressive planning. The present George 1908, the Brisbane City Council sold part of Street area must be saved from becoming it to Myers. The legality of this action is the the victim of the parked vehicle or expansion basis of a challenge that the whole com­ by any institution or service. munity is determined to make, despite frus­ tration and apparent indifference. I make a plea for this area to be pre­ served as a public place, still pleasant enough Let me tell honourable members a little for people to sit in, to read in or simply of what is a very sorry, and in part, strange to commune with nature or even to hear story. Almost 12 months ago, the planning music or public debate. But more import­ committee was given an instruction by a antly let it become "Parliament Park" and remarkable public meeting of 350 citizens to as such glorify Parliament House so that fight, and continue to prosecute, a campaign it will be looked upon with great respect, that started some six years ago. It has been admiration and even homage. doing this under the dedicated chairmanship Anybody who walks in that area in the of Mr. J. P. Coneybeer, and considered and early morning, at midday or late in the well-researched submissions have been made evening finds peace of mind. It is a grand to the Australian Government and the local place to rest for a while. It has been a authority. In addition, all necessary legal wonderful area in the city of Brisbane for moves have been made to appeal from the many years. I was prompted to raise this Brisbane City Council decision disallowing matter this morning by the suggestion that the 1,000 or more objections lodged late last a sporting complex could be established in year against the sale of the front section of that area. Heaven forbid that any type of the showgrounds to the Myer group. The sporting complex should be allowed in this committee chairman, Mr. Coneybeer, who is beautiful area of slightly more than 50 an industrial advocate, is of the opinion that acres. these procedures may take years and could end up in the High Court. This is a measure It is bordered by the river. I think every of our determination and of our confidence honourable member will agree that the Bris­ that right is on our side. bane River is one of the most beautiful in Australia. Unfortunately we do not make I will not attempt to outline all the Bris­ the use of it that we should. We may not bane City Council's manoeuvres to destroy describe the Yarra as a river, but a great the possibility of establishing the community deal of use is made of it. The Torrens centre. It is a story that brings shame on River in Adelaide is used to the full. At the largest local authority in Australia. The certain times of the year, to obtain full use simple fact that I want to stress is that a out of it, it is drained, cleaned and refilled. citizen gave 27 acres to the community. The We have a natural river and the Botanic Brisbane City Council acquired the land when Gardens will play a very important part in the Mt. Gravatt Show Society was in financial the use of that river in the future. This difficulties on the understanding that it would is why I would like the whole area of 50 be held in perpetuity for the use of the acres to be taken over by Parliament and people. Although that was never formally to become part of the Parliament House documented, it was never denied by the complex. former Lord Mayor, Alderman Jones. 384 Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest

Today the council appears to see the land council accepted a tender for a shopping as real estate, whereas we see it as the only complex. It will end only when victory is large piece of usable open space in a com­ won and a non-Labor alderman lifts the veil munity whose population is expected to be of secrecy and subterfuge. more than 125,000 in 10 years' time. I ask members of the Opposition who pay lip-ser­ vice only to conservation of the environment FEDERAL BUDGET EFFECT ON RURAL ECONOMY whether it is just that the people of Mt. Mr. HARTWIG (Callide) (12.42 p.m.): I Gravatt should have to fight for the right rise to take part in the debate on rr;'atters of present and future generations to open of public interest and draw the attentwn of space in a big city or whether they believe the House and the people of Queensland to that the Brisbane City Council did right in what the recent Federal Budget brought selling out the people to one of the big com­ down by the Treasurer, Mr. Bill Hayden, bines that Labor members seem to thrive has done for primary producers, or, perhaps on attacking. I should say what it has failed to do for I also ask Opposition members whether them. they believe it was right for the Australian Since 2 December 1972, when Mr. Whit­ Government's legal office to refuse legal aid lam was elected to govern Australia from to test the case. The Mt. Gravatt Com­ Canberra, he has left a trail of social and munity Centre Planning Committee wrote to financial destruction. Prior to his election, the Commonwealth Government after seeing Australia had a low rate of inflation, very the advertisement, a copy of which I have little unemployment, low interest rates and in my hand, that was inserted in, I think, a prosperous outlook generally in the private 'The Australian Women's Weekly" by the sector. We had a wealthy beef industry Department of Urban and Regional Develop­ ment in which "protection of urban park­ owing to strong overseas demand for our land" and "land acquisition for open space prime beef, particularly from the United purposes" are listed among projects eligible States and Japan. for grants. Following the planning commit­ The recent Budget showed the true tee's letter to the Australian Government, it attitude of our Federal politicians to the was said that we did not have a case. primary sector when rural aid was cut from I could, of course, mention other towns $447 000,000 to $210,000,000. It CDmpletely in Queensland that have community centres. igno;ed the tragic state of the beef industry I think Cairns has a community centre in today. An industry which was worth some parkland. Mackay has a magnificent com­ $650,000,000 annually to this nation . is munity centre that is also the headquarters virtually being allowed to wither and dre. of the local authority. That, too, is in park­ As further proof that the Budget was anti­ land and is subsidised by the Australian rural-the Federal Government intends to spend $43,000,000 in the City of Canberra Government. and another $14,000,000 in Woolloomooloo. As a committee in Mt. Gravatt we are Contrast that with the extra $9,000,000 which trying to preserve what is left for the people the Government said has been made available of Mt. Gravatt and, unfortunately, just to primary producers by way of loans because we have a local authority that is through the Commonwealth Development not prepared to help us, the Australian Bank of Australia-loans, mind you, with Legal Aid Office has refused us aid. But, an interest rate of something like 11 per cent. of course, the people will still fight. The Mr. Hayden said, "Let us look for avenues people of Mt. Gravatt are now looking at in which we can save money." He decided the need to raise between $20,000 and $25,000 to save $30,000,000 by discontinuing the to fight for their rights through the Local superphosphate bounty while providing Government Court and, if necessary, the $40,000,000 to cover the expected losses on the High Court of Australia. I think it is South Australian and Tasmanian railway shocking that people have to pay to get what systems, which are controlled by State Gov­ is rightly theirs. Does the fact that the ernments. In addition to the estimated deficit people of Mt. Gravatt have to raise this sort of $2,700 million, I am told that the Federal of money lead honourable members to believe Government's latest tangled idea of Medi­ they do not have confidence in their case? bank will cost the nation about $2,000 Does it not rather make them proud of the million. strength of spirit of the little people who are prepared to stand up and fight giants, and Mr. Jensen: Who told you? does it not m~ke honourable members hate the guts of a city council which sells out Mr. HARTWIG: Anyone who can read its citizens? John Coneybeer is standing knows that what I am saying is correct. It for election to the Brisbane City CmmciL is incredible that, by its policies, a Federal Even if honourable members opposite will Government should so viciously attack the say nothing against the council, the people of defenceless rural sector of Australia. Mt. Gravatt will leave no-one in doubt when Mr. Jensen: They were not defenceless they vote in the council election next year. when rump steak went from 60 cents to The fight for the Mt. Gravatt showground $2 a lb. They didn't care two hoots how has been going on since 1969, when the high it went. Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest 385

Mr. HARTWIG: The honourable member recently showed great vision in devaluing for Bundaberg does not care what beef the New Zealand dollar to assist primary producers are receiving today. Although he producers and increasing the bounty on comes from Bundaberg, he does not care superphosphate. In addition, the New Zealand what the beef producers or other primary Government pays a freight subsidy on super­ producers are receiving. His attitude is typical phosphate. of the A.L.P's complete disregard for primary Money should be made readily available producers; that is the very point I am to save our beef industry. I am talking about making. It is absolutely shocking. Take the $100,000,000 by way of grants to assist the increase of 10 cents a gallon in the price beef producer to carry on until we can get of fuel. That alone is estimated to cost rid of Whitlam, when the beef industry will the rural sector a cool $3,100,000 annually. start to become more viable. 'What has the honourable member for Bunda­ berg to say about that? Mr. Jensen interjected. The Budget has crippled the communica­ Mr. HARTWIG: If the honourable mem­ tions system of those good, sound Australian ber listens he will learn something. He will citizens who live outside the thickly populated learn just what the Federal A.L.P. Govern­ cities. People living in country areas face ment has done to the rural section of the shockingly large increases in postal and nation. The net farm income in Australia telephone charges. Who would have dreamed, in 1974-75 was down 68 per cent over the Mr. Deputy Speaker, that any Government previous two years. It is beyond my compre­ would increase the cost of postage on a single hension that that socialist Government could letter by 80 per cent? I venture to say that contemplate action which con~inues .to con­ if an increase of 80 per cent had been tribute to the sorry financial phght of introduced by a Liberal-National Party Gov­ farmers and graziers and retards develop­ ernment, every union would have gone on ment with serious implications for the com­ strike in protest against it. Today the honour­ munity of the nation. able member for Bundaberg and his colleagues on the benches opposite say not a word in LABOR PARTY POLICIES ON SOCIAL MORALITY opposition to the increases. Mr. FRAWLEY (Murrumba) (12.51 p.m): The Budget attacks the workers who voted I believe that the Australian Labor Party IS the Whitlam Government into office. I remind attemptina to lower the moral standards of the House that it now costs $2 to register people throughout the. whol.e of. Australia. one letter. That shows the attitude of the At its last convention m Ca1rns It passed a Federal Labor Government to the workers. motion to the effect that prostitution and Taking the non-essentials, again one sees a homosexuality would be legalised if the direct attack upon the workers of this country A.LP. became the Government in Queens­ and upon their purse-increases of 4c on land. The passing of that motion will go a glass of beer, 2c on a nip of spirits and down as one of the most iniquitous decisions Se on a packet of 20 cigarettes. I reiterate ever made by a political party in Australia. that the Whitlam Government is attacking It proved to all people the low moral stan­ the very members of the community who are dards which now exist among the members supposed to have put it into power. The of the A.LP. in Queensland. figures I have given are an indication of the treatment handed out by the Labor Mr. K. J. Hooper interjected. Government to the workers of this nation. Mr. FRAWLEY: The honourable member Does the Labor Government in Canberra for Archerfield needn't talk. He is one of want a nation of people who do not smoke, the fattest cats in the Labor Party. His do not drink, do not write letters and do future is assured if he gets defeated at the not make phone calls? Does it want a nation next election. The Brisbane City Council of people who just sit down and get paid will give him a job-in charge of rubbish for doing nothing? That is what the Federal tips. Look at all the experience he has had Government is encouraging. I say it is shock­ at tipping rubbish in Inala! I did not really ing when people in the rural sector are intend to read this but I have a letter here working seven days a week and starving. from one of my constituents, which states- The decision by this Federal Government "Dear Mr. Frawley, of A.L.P. bunglers to refuse to restore the "I am writing to you because I believe superphosphate bounty will have serious long­ that you are a man of integrity who is not term consequences. afraid to speak out on any matter. Mr. K. J. Hooper interjected. "Since your election in 1972 I have fol­ lowed your career with interest and have Mr. HARTWIG: The honourable member reached the conclusion that we need more has never owned a property. The super­ men like yourself in State Parliament and phosphate bounty is not simply another I am certain that you will go far in politics. hand-out; it is important to the future "I am a strong Labor supporter or agricultural production of this nation. In rather I was a strong Labor supporter until fact, superphosphate is so important that I realized just where this country would the Labor Government in New Zealand finish under a Labor regime. 13 386 Matters of Public Interest [3 SEPTEMBER 1975] Matters of Public Interest

"I read an article in the Sunday Sun name it; the A.L.P. has it. In an earlier of June 29th last in which it was stated debate the honourable member for Towns­ that a Mrs. V. Deighton of Inala dis­ ville South said that he is not afraid of covered that a load of rubbish dumped at getting down into the cesspool to attack the the roadside belonged to Mr. K. Hooper, A.L.P. I'm not frightened, either; I'll get M.L.A. for Archerfield. I noticed that down into it, too. Mr. Hooper denied that he was respon­ Mr. K. J. Hooper: Why don't you tell the sible. people about the time you were caught "That is completely untrue. soliciting in a public lavatory at Redcliffe? "I was out driving on Sunday June 22nd in Blunder Road, Inala when I saw Mr. FRAWLEY: What a shocking thing to a man dump a load of rubbish at the road­ say! Everyone knows what a fine amateur side. I recognized him as Mr. K. Hooper, sportsman I am. As a decent member of the member for Archerfield. the community, would I stoop to something a~ low as that? "Actually if you examine the photo­ graph in the Sunday Sun carefully you will Mr. K. J. Hooper: You did. realize that only a posterior similar to that belonging to the Member for Archerfield Mr. DEPUTY SPEAKER (Mr. W. D. would fit comfortably into those baggy Hewitt): Order! trousers being displayed by Mrs. Deighton. Mr. FRAWLEY: How can anyone have "It is a shocking indictment of the confidence in the A.L.P. when its members A.L.P. when one of its members purport­ in this Parliament are afraid to say what ing to be a conservationist, and a pro­ they think? Just about every second day the tector of the environment should so deface Trades Hall hands them a brief to read in the countryside. Hoping this assists you this Chamber like a parrot. We know that in your fight to keep Queensland clean. half of the members of the Opposition are "Yours truly galahs, anyway. This shows the extent to Wide Awake." which they have been brain-washed by the academics and rat-bags in their party. Honourable members who were here in 1972 would recognise the trousers shown in the The Labor Party's recent convention in Cairns decided that if Labor were elected photograph I am holding up as being ones to office it would legalise the use of mari­ worn by the honourable member for Archer­ field on many occasions in this House. There juana. is positive proof that he was the man who Mr. K. J. Hooper: Have you ever smoked dumped the rubbish. However, I have been pot? taken off my subject by the interjection and I want to get back on to it again. Mr. FRAWLEY: I don't smoke anything. Recently I learnt to my horror that the Another example of the hypocrisy of Federal Government was contemplating the A.L.P. members was the action of the mem­ introduction of some amendments to the ber for Rockhampton in speaking in a Criminal Code in the Australian Capital Ter­ Methodist Church at Biloela just before the ritory. It proposes to change things in a Labor Party conference and, at that con­ way that I think will shock and sicken even ference, rising to support the legalisation of the most ardent A.L.P. supporters. The hon­ the use of marijuana. If the member for ourable member for Bundaberg is leaving Rockhampton were in the Chamber I would the Chamber because he does not want to have a lot more to say about him. In hear this. fact I would hypnotise him-and we all The proposed amendments would legalise know how he reacts under hypnosis! homosexual marriages. That is understand­ The actions of the A.L.P. must put some able when one realises the number of homo­ doubt in the minds of the people. The Labor sexuals who are now members of the A.L.P. Party has proposed that the age of consent It is proposed to legalise homosexual acts be lowered from 17 to 16 years and that between consenting males over 18 years of prostitution be legalised. These proposals age, and it will be a defence if the accused were in fact carried at the conference on believes that the other person was 18 years the motion of Senator Keeffe, the so-called of age. However, the worst is yet to come. champion of the Aborigines. What an The proposed Bill actually legalises incest awful thing for a senator to do. I do not between persons over 18 years of age. When intend to digress to suggest whom we should I saw that I had to read it six times because select as the senator, but my mind is I just couldn't beEeve it. already made up. Every minister of religion, every parent Mr. K. J. Hooper: "Senator Frawley" has and every right-thinking person in the com­ a nice roll off the tongue. munity should be up in arms about this legislation and determined to oppose it to Mr. FRAWLEY: I was approached by the bitter end. It is well known that today some members to nominate for the Senate, the A.L.P. has become the playground for but I do not intend embarrassing the Cabinet all the rat-bags, radicals, homosexuals, Ministers by revealing the names of the lesbians, touts, urgers and bludgers-you members who approached me. Matters of Public Interest [3 SEPTEMBER 1975] Vacancy in Senate, &c. 387

The Labor Party members should hang their heads in shame at the enunciation of Mr. DEPUTY SPEAKER: Order! Under some of their party's proposals. During the the provisions of the Sessional Order pre­ Vietnam demonstrations the previous mem­ viously agreed to by the House, the time ber for Everton and some of his sidekicks, allotted to the debate on Matters of Public such as Senator Georges, sat down in the Interest has now expired. street, waving Bibles above their heads The House adjourned at 1.1 p.m. shouting, "Thou shalt not kill," and, "Lov~ thy neighbour." But now they are com­ At 2.15 p.m., pletely disregarding the Ten Commandments. Mr. SPEAKER (Hon. J. E. H. Houghton, They advocate the sale of women, and they Redcliffe) took the chair. have no respect whatever for the feelings of the people. VACANCY IN SENATE OF Mr. Jensen: Could you ever make a COMMONWEALTH OF AUSTRALIA speech without tipping the tin on somebody? NOMINATIONS OF MALCOLM ARTHUR COLSTON Mr. FRAWLEY: I am not tipping the tin AND ALBERT PATRICK FIELD, VICE BERTIE on anyone; I am making a worth-while con­ RICHARD MILLINER, DECEASED. tribution to the debate. I know that the A.L.P. has a plan to Mr. SPEAKER: Order! This meeting is form a union of prostitutes so that it can resuming pursuant to the adjournment cash in on the action. What better man motion of 27 August last. There being a i> there to lead such a union than the quorum present, the meeting is now con­ honourable member for Archerfield? As the stituted. I now call for nominations. I must union organiser who used to collect money again point out that every nomination must be accompanied by a declaration by the fro!ll . the women c~eaners . in the Treasury nominee of qualification and consent to be Bmldmg, he has gamed Wide experience in obtaining money from females. nominated and to act if elected. There is no doubt that the A.L.P. is Mr. BURNS (Lytton-Leader of the prepared to do anything for political gain. Opposition): I nominate Dr. Malcolm Arthur No matter how low and despicable some­ Colston, Educational Psychologist, residing thing might be, the A.L.P. will do it. All at 43 Steptoe Street, Indooroopilly, Brisbane, A.L.P. members are bound by the little for election to hold the place in the Senate document they sign when they become mem­ rendered vacant through the death of bers of that party. Senator Bertie Richard Milliner, and I pro­ duce Dr. Colston's declaration of qualifica­ Mr. Jensen: At least they're not Com­ tion and consent. munists. Whereupon the honourable gentleman Mr. FRAWLEY: They claim they're not produced Dr. Colston's declaration of quali­ Communists, but they speak with tongue in fication and consent. cheek. One thing I admire about some of the Communists in the Trades Hall, such as Mr. SPEAKER: Order! I declare Dr. Hughie Hamilton, is that they are not afraid Malcolm Arthur Colston's nomination in to stand up and admit they are Communists. order. Are there any further nominations? Mr. Jensen: He's not in the Labor Party. Hon. J. BJELKE-PETERSEN (Barambah Mr. FRAWLEY: He's the leader of the -Premier): I nominate Mr. Albert Patrick Communist Party in Queensland. Field, President of the Federated Furnishing Trades Union, residing at 34 Gillan Street, Mr. Jensen: But he's in the Trades Hall, Norman Park, Brisbane, for election to hold not the Labor Party. the place in the Senate rendered vacant Mr. FRAWLEY: What rubbish! through the death of Senator Bertie Richard Milliner, and I produce Mr. Field's declara­ Mr. Jensen: He's not in the Labor Party. tion of qualification and consent. Mr. FRAWLEY: Of course he is. I Whereupon the honourable gentleman admire him for having the courage of his produced Mr. Field's declaration of qualifi­ convictions to admit that he is a Communist. cation and consent. At least he is not hiding behind the mantle of respectability as some members of the Mr. SPEAKER: Order! I have a declara­ Opposition do. tion from Mr. Albert Patrick Field and I declare the nomination in order. Are there Mr. Alison: Hughie Hamilton controls the any further nominations? As there are no Labor Party. further nominations, I call on the Leader of Mr. FRAWLEY: Of course he does. the Opposition. Mr. DEPUTY SPEAKER (Mr. W. D. Mr. BURNS (Lytton-Leader of the Hewitt): Order! The constant interjections Opposition) (2.18 p.m.): I move- will cease. "That Dr. Malcolm Arthur Colston be elected to hold the place in the Senate Mr. FRAWLEY: Thank you, Mr. Deputy of the Parliament of the Commonwealth Speaker. The Opposition members have rendered vacant through the death of tried to put me off since I started my speech. Senator Bertie Richard Milliner." 388 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

This is a resumed sitting and there is, I that, during question time in Parliament y~s­ believe, no necessity for me to prolong pro­ terday, the Premier grasped tJ;e opportumty ceedings with a further lengthy dialogue on to align himself with behavwur that has Dr. Colston's qualifications. This informa­ aroused national resentment and contempt. tion was presented to the Parliament only one week ago. Dr. Colston's right, as the A.L.P. nominee, to fill this vacancy is acknowledged through­ Dr. Colston is a young Queenslander of out Australia. outstanding achievement-a young Queens­ lander who, in the past week, has weathered The Liberal Party State Executive supl?~rts his nomination, as do the Feder.al Opposition a brutal verbal assault upon his character Leader {Mr. Fraser), the Natwnal-Country with what I can only describe as courage Party Leader (Mr. Anthony), Senator 'Bonner and dignified restraint. He has been employed and the members of all political parties in in three State Government departments­ the Australian House of Representatives, Education, Police and Industrial Relations­ where the matter was debated this morning. and he has served since 1964 in the Australian Three Liberal members in this Parliament Army Reserve, rising from private to the and the Independent Member for Mackay rank of major. courageously voted in his favour last Wed­ This vacancy occurs through the tragic nesday. death of the Australian Labor Party senator I believe the majority of Queenslanders Bertie Richard Milliner, who was elected support our request for the speedy endorse­ by the Queensland people on 18 May last ment of Dr. Colston by this Parliamen~. year for a six-year term. Dr. Colston is the democratic choice of the Australian Newspapers throughout Australia are Labor Party to fill this position. He is the demanding that the Government adhere to only legitimate Australian Labor Party convention and send Dr. Colston to Canberra nominee before this meeting this afternoon. as the replacement for the late Ber~ M.illiner. I submit his nomination in accordance with I would like to quote from the ed1tonals of the Commonwealth convention that was some of these newspapers. endorsed by Sir Francis Nicklin in 1966 I am not really interested in the inter­ and by the present Premier in 1971 in state newspapers. It is what our own news­ the case of Liberal Party vacancies in the papers in our own State are. saying about what Senate. is happening in this Parhament that really There can be no other nominee of the counts. Australian Labor Party. Any person nomi­ "The Queensland Times" today printed an nated in this or any subsequent sitting as article headed "Shabby Affair". I am sure a Labor alternative will, under A.L.P. rules all honourabl~ members will have seen it. It that have applied since 1911, automatically reads- cease, from the time of such nomination, "Hopefully the State Cabinet will today to be a member of the A.L.P. He will, in convince the Premier, Joh Bjelke-Petersen, effect, come before this Parliament not as of the folly of his stand against accepting a Labor nominee but as a renegade-an the appointment of Dr. Colston for the impostor. Senate ... "The wave of public opinion against Mr. Moore: They're your rules. the Government's stand this week has been Mr. BURNS: For the benefit of the hon­ almost unanimous." ourable member I repeat that any person "The Courier-Mail" of 2 September reported who signs a nomination form-he does not as follows- have to nominate; he has only to sign a "The State Government should abandon nomination form-or who works for a its immoral and absurd position on the candidate against an endorsed Labor candidate Colston affair. It is not too late for it to is automatically expelled from the Labor reverse its dishonourable, astonishing Party. That is a rule of the Labor Party. stand." Honourable Members interjected. A Government Member: Who wrote that for you? Mr. SPEAKER: Order! Before proceeding further with this debate I warn all honour­ Mr. BURNS: The editor of "The Courier­ able members that I will not tolerate such Mail" wrote it. Surely the honourable mem­ remarks from either side of the Chamber. I ber does not suggest that I wrote it for him. warn all honourable members that I shall "The Chronicle" in Toowoomba, on 29 deal with them if they do not behave them­ August, in referring to the Senate vacancy selves. reported- Mr. BURNS: The election of such a per­ " Despite the attempts of some to justify son would be a clear breach of the conven­ breaking with time-honoured precedent and tion that the .Premier upheld in 1971 and convention by mounting an attack on the claims to still support today. propriety of the Opposition's nominee, there can be no doubt that the Govern­ I make no reference to events in the sit­ ment's motives were unscrupulously ting last week except to say it is regrettable poHtical." Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 389

"The Townsville Daily Bulletin" on 29 If a senator, through the decision of a State August reported- Parliament, is succeeded by a nominee from "An Unreasonable Attitude outside the political party concerned, the repre­ "Sheer cussedness appears to lie behind sentation of the parties proportionate to their the attitude of the Premier and most vote in the Senate is destroyed. We then have Government members on the Senate the intolerable situation that the destiny of vacancy issue . . . the Senate is controlled not by the electors "The reason, ostensibly, is to give Par­ of Australia but by the political deviations liament a choice. of our various State Governments whatever "This is utterly unconvincing." their political colour. The Bundaberg "News-Mail" reported on 2 In 1951, when the first casual vacancy September- under proportional representation occurred through the death of a Labor senator in "His insistence that 'Parliament' must Western Australia, the then non-Labor have a choice borders on the hypo­ Premier of that State wrote to all critical." Premiers:- The "Warwick Daily News" of 2 September "My opinion is that, in view of the reported similarly. I could go on and on fact that proportional representation is reading extracts from newspapers throughout now the method of election to the Senate, the State. People all over Queensland are a member (I repeat, a member) of the concerned that we are breaking the normally same party, nominated by the executive of accepted conventions that have been laid the party, should be appointed when down over ,the years. future vacancies arise through death or Mr. Porter: We are not elected by journ­ other causes." alists; we are elected by the people. The Western Australian Premier of that time continued- Mr. BURNS: If the honourable member "In this particular case, the nomination wishes to speak about elected members, let will come from the executive of me refer to the remarks of Jim Killen. In the Western Australian branch of the his column in "The Courier-Mail" this morn­ A.L.P." ing, the Liberal member for Moreton, who ha.s been supported in the past in his cam­ understand that all Premiers replied in paigns by some of the Liberals who are agreement. interjecting today, described the treatment This precedent, established in 1951, has of Dr. Colston by the State Government as been adhered to without deviation by State mean and shabby. Governments of differing political conviction It is important to remind the Premier on 22 subsequent occasions. The first and that the composition of the Senate since only diversion occurred in New South Wales 1949 has been based on the proportional earlier this year when the Liberal Premier ;epresentation voting system. This system, of that State replaced Labor's Mr. Justice mtroduced by the Chifley Labor Government Murphy with a person whom he declared to was applied without amendment by success~ be a "political neutral". We are, I fear, ive Federal Liberal-Country Party Govern­ faced in this sitting with the threat of a ments under four different Prime Ministers second departure from national convention and three different Country Party Deputy and precedent. Prime Ministers between 1949 and 1972. The In 1958, the Australian Parliament's Joint ?asic principle of proportional representation Committee on Constitutional Review agreed IS that votes cast for each political party that the law covering casual vacancies should should be reflected in seats won by that be amended to make it as nearly certain as party. possible that casual vacancies would alwayo, A Government Member: Why produce all be filled by a new senator of the same this rubbish now? political complexion as his predecessor. Since 1949, there have been 10 instances of ~~·. BURNS: If the honourable member is appointments of new senators of political talkmg about rubber stamps one of the things parties differing from those forming the ~hat we do ~ccept in the Senate voting system State Government of the day. Is that .Parties endorse ~roups of people on Convention has been scrupulously group tickets and the votmg procedure accepts observed in all cases except, as I mentioned, that those groups shall be placed in that in New South Wales earlier this year. way. So it is accepted that the people vote for the party groups. They group them under During the filling of a Labor casual the v_oting pr~cedures.. that were accepted vacancy in Victoria in 1966, the Liberal by Liberal Pnme Mm1sters and National Party Premier of that time, Sir Henry Bolte, Party Deputy Prime Ministers over the years. said- " I have established the rules and prac­ To preserve the principle of proportional tice in such circumstances during the 11 representation it is essential in the filling of a years that my party has been in office. casual vacancy that the representation of the "I have given the word of my Govern­ parties should remain a reflection of the votes ment that if a vacancy should arise in cast for those parties at the previous election. the Senate affecting this State, the party 390 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

to which the late senator belonged­ would have been quite easy for the Govern­ whether it be the Liberal Party, the ment at that time to come up with a nomina­ Country Party, the Labor Party or even tion or several nominations, but it was again the Democratic Labor Party-would nom­ decided that we would give to members of inate the successor. That is the qualifica­ the Opposition an opportunity to put forward tion-there is no other." other nominations. We gave as clear an That was the rule of Sir Henry Bolte in indication as possible, in most uneq\livocal 1966 and he followed it with principle. language, that we and the P_arlrament expected a choice, and that is the Issue that Now, in Queensland, the Premier proposes is before this meeting-not the matter of a new rule of his own imagination. He Dr. Colston, but Parliament's right of choice. demands a panel of three nominations­ today we have only two, so he has changed Mr. Houston interjected. his stand there-so that he, through his Mr. BJELKE-PETERSEN: You demanded numbers in this Chamber, will determine who a choice during the election of Senat<;>r replaces Senator Milliner in the Senate, not Bonner and you divided the House on 1t. the Australian Labor Party which he rep­ During the election of Speaker Lonergan resented. The decision will be made by the National and Liberal parties in this Parlia­ you used your numbers-- ment. Let me make the position very clear. Mr. HOUSTON: I rise to a point of order. People have been saying in the corridors, "I Last week I emphatically denied that I believe a member of the A.L.P. should take demanded a choice on that occasion. As I Senator Milliner's place." That cannot be done said I was not in the House. "Hansard" under the system that the Premier proposes sho~s that no-one else demanded a choice today. The Premier may have his own version in the matter of Senator Banner's election. of a Labor man but he cannot replace I asked for a withdrawal then and the Senator Milliner with a member of the A.L.P. Premier withdrew. I again ask for the with­ If the Premier denies Dr. Colston's right drawal of that claim. to this position, he will in effect be reducing Mr. SPEAKER: I ask the honourable the the representation in the Senate of the Premier to accept the denial of the honour­ 450,000 Queenslanders who voted to elect able member for Bulimba. Labor senators for 6-year and 3-year periods last year. He will be using Mr. BJELKE-PETERSEN: The honour­ this Parliament to defy the will of the able member for Bulimba is trying by Queensland people, using this Parliament to devious means to deny the attitude that he avoid procedure and destroy the proportional and his party adopted in that case. balance in the Senate which the people of Australia determined just over a year ago. It Mr. SPEAKER: Order! I ask the honour­ is, I submit, a dangerous adventure in des­ able the Premier to accept the denial of troying the system that has operated for a the honourable member for Bulimba. quarter of a century in Australia. The Australian Labor Party has acted in a Mr. BJELKE-PETERSEN: He has a very proper manner concerning the filling of this short memory if he cannot remember what vacancy. It has observed conventions estab­ he said and did on that occasion. lished with national agreement more than 20 Mr. HOUSTON: I rise to a point of order. years ago and followed scrupulously-with The facts are quite simple. I was not in the one exception----'until the present sitting. It Chamber on that day, so it is not a matter has observed the convention endorsed by of ifs or buts or memories. The facts are State governments of varying political affilia­ that what he is saying is completely untrue. tions and upheld by the present Premier of this State only four years ago. Mr. SPEAKER: Order! The honourable There can be no escape with honour for member for Bulimba will resume his seat. the Government from its responsibilities. Mr. BJELKE-PETERSEN: As we know, I submit Dr. Malcolm Arthur Colston as the honourable member is clutching at the Australian Labor Party nominee for the straws. As I said to him the other day, his casual vacancy before us today and recom­ organisation at the time-- mend him for endorsement by all members at this special sitting. lVI:r. Houston: Are you going to withdraw or are you going to get away with it? Hon. J. BJELKE-PETERSEN (Barambah -Premier) (2.31 p.m.): Last Wednesday we Mr. BJELKE-PETERSEN: I said the last gave the Leader of the Opposition and the time-- Labor organisation an opportunity of again Mr. Jones: Sit down while the Speaker is reconsidering the request by Parliament that on his feet. it be given a choice in this matter. It had been made clear to them time and time again Mr. SPEAKER: Order! If the honourable that it was the wish of the Parliament that member does not behave himself, he will not it be given a choice, so when last Wednesday be sitting in here much longer. I conduct they put forward only one nomination, it the House and I do not need any assistance Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 391

from the honourable member. I ask the The Leader of the Opposition has switched honourable the Premier to accept the denial around since I spoke to Mr. Field. Mr. of the honourable member for Bulimba. Field's credentials as a member of the A.L.P. are completely beyond challenge. Mr. BJELKE-PETERSEN: Obviously, Mr. Speaker, he was not here. But that was the Mr. Houston: Who? What? attitude of the party that he represents. Mr. BJELKE-PETERSEN: That is what Mr. Marginson: I will take a point of the honourable member said before-"Who? order. What?" Mr. SPEAKER: If the honourable mem­ Mr. Field has taken this step knowing the ber does not sit down and behave himseif, scorn and hate which, no doubt, honourable I will have to deal with him. members opposite will level at him. I have assessed the man. He is a straightforward, Mr. MARGINSON: I am taking a point very decent type of man, according to the of order, which surely I am allowed to do. information I have received, and I have formed a similar opinion myself. He is Mr. SPEAKER: Yes. held in very high regard in the Australian Labor Party. Mr. Field is a man of con­ Mr. MARGINSON: I say that was a viction, a man of high principles who has deliberate lie on the part of the Premier. I the courage to put them to the test on this was present that day and we did not demand occasion. a choice. I have noted the statements by the Aus­ Mr. SPEAKER: Very well. tralian Labor Party that any person other than its nominee will be expelled from the Mr. Aikens: He doesn't know where he A.L.P. Well, that is the business of the was. A.L.P. I point out that the National Party Mr. BJELKE-PETERSEN: I think that is did not expel Mr. Speaker Lonergan when true; he just doesn't know where he was. he stood against its nominee, the present Speaker of this Assembly. That was in I have acted to date to ensure that Parlia­ spite of the fact that the A.L.P. demanded ment does get a choice. I have said right a choice and then used its numbers to ensure from the outset that I would observe con­ that Mr. Lonergan was elected. Honourable vention in relation to the Senate vacancy members opposite cannot deny that they did and that it would be filled by a member that on that occasion. of the Australian Labor Party. Albert Patrick Field fits into that category. He Mr. Houston: Of course they did. has been a member of the A.L.P. for 37 years, longer than the honourable member Mr. BJELKE-PETERSEN: Of course they has been alive. He was branch president did, although they do not like to be reminded of the Morningside branch of the Australian of it now. The National Party accepted the Labor Party for five years, as the honourable decision of Parliament on that occasion, even though it did not like it; members of the member for Bulimba knows; he was his right­ A.L.P. Opposition will accept the decision hand man. He is well known, of course, of Parliament in this instance, even though to the Leader of the Opposition, who holds him in very high regard, because he lives they do not like it. in his electorate. Mr. Field was a delegate To sum it up simply, Mr. Speaker, when to the last Labor-in-Politics convention. He a Government nominee is involved, the is the president of the Federated Furnishing A.L.P. Opposition demands a choice; but Trades Union of Queensland-a position that when it is an A.L.P. nominee, the Opposition he has held for the last four years and to says, "No choice." which he was re-elected last Wednesday. He The issues before the Parliament were is a financial member of the Australian fully debated last Wednesday, and all hon­ Labor Party. His membership number of ourable members know exactly where I stand the Morningside branch is 830, and his mem­ because I have made that quite clear. I bership was renewed on 26 March of this believe that Parliament must have a choice. year. With a man such as Mr. Field having agreed to be nominated, there is no doubt Mr. BURNS: I rise to a point of order. who I will be supporting. I will not be For the Premier's benefit, I point out that supporting Dr. Colston; I will be supporting the branch about which he is speaking has Mr. Field. changed its name. The Morningside branch of the Australian Labor Party is in my Mr. AIKENS (Townsville South) (2.38 electorate, and Mr. Field is not a member p.m.): Before the debate gets out of hand, of the Morningside Branch. before honourable members become emotive and shed the little intelligence that some of Mr. SPEAKER: Order! There is no point them have, let me state the facts of the of order. case. Mr. BJELKE-PETERSEN: Again the hon­ Honourable members are meeting here ourable member tries to split straws. I have today to elect a senator to fill an extra­ this information from the man concerned. ordinary vacancy caused by the death of the 392 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia late Senator Milliner. We are not bound, things Jim Killen is playing-as he knows Mr. Speaker, by any shirt-tail agreements he is playing-right into the hands of his or conventions that have been reached by blood brothers in the A.L.P., the Left­ Premiers of various States or men who are wingers. dead and gone, irrespective of the state they were in when they made those shirt-tail A Government Member: Oh! agreements or conventions. Members are Mr. AIKENS: The honourable member meeting here today in accordance with the can laugh; he does not know ..He ~asn't the provisions of the Commonwealth Constitu­ experience, and he hasn't the mtelhgence to tion, which provide that the Queensland Par­ comprehend simple facts. liament shall fill the vacancy. In 1961 Jim Killen was the Menzies Mr. Moore: Not the A.L.P. Government majority in the House of Rep­ resentatives. Menzies had a majority of one Mr. AIKENS: Not the A.L.P., not the after that debacle. Of course, Jim Killen Liberal Party, not the National Party, not won his seat of Moreton on Communist the finest Party of all (the North Queensland Party preferences. That cannot be denied Party), not the Independents, but the whole even by his idolaters-those who are not of this Parliament, sitting as such, by merely friendly with him but just idolise majority vote. him. Mr. Moore: It is a constitutional matter. Mr. LAMONT: I rise to a point of order. At that election Mr. Killen won on the Mr. AIKENS: It is a constitutional matter, preferences of the donkey voters. I would yes. accept the fact that Communists are donkeys, I have been astonished and disgusted­ but let us get it correct. It was the donkey and it takes a lot to disgust me; I am vote. pretty tough in the hide-by the monstrous insolence of Federal politicians, led by Mr. Mr. Wright: Don't worry about the Fraser, the leader of the Liberal Party. honourable member for South Brisbane. Just They had the nerve, hide and colossal call him "Feathers" and he will fly out. impudence to rush into the media to try Mr. AIKENS: I do not know what his to tell this Parliament whom we shall elect sobriquet is, and I am not interested in it. to the vacancy. It has no more to do I have never indulged in personalities and with them than my personal life has to do I am not going to start now. with them. All that talk of a donkey vote is pure Let us look at some of the people con­ nonsense. I could use a harsher expression cerned in this political blackmail. Nearly but I feel sure, Mr. Speaker, that you would all Federal politicians in both Houses regard not allow it. Has anyone ever heard of a State politicians as something lower than Communist recording a donkey vote? The bed bugs. The moment they are elected to Communist vote is the most highly orgamsed Canberra, they all get together in sweet vote in the world, particularly in Australia. conclave. They mix with one another in a I know from friends of mine in the A.L.P. magnificent spirit of camaraderie in the that the Communist Party vote in Moreton secluded and sumptuous atmosphere of Can­ on that particular occasion was highly berra. The only thing they are afraid of is organised. They knew that they had .to that some awful, uncultivated, uncouth State keep Jim Killen in Parliament because J1m Parliament might upset the apple-cart. Con­ Killen was the best friend they had in the sequently, the moment anything happens that Federal Parliament. He still is the best might even possibly upset the apple-cart, they friend of the A.L.P. in the Federal Parlia­ rush into the Press and, with the hide of ment. He is almost as big a dissident in the a pachyderm, and a long tongue, tell us what Federal Parliament as Don Chipp. I will we should do. say that he is not as bad as Chipp, but he is The Canberra politicians always remind damn near as bad. me-I have never seen it and I have never Then we have Senator Bonner-a coloured participated in it, of course-of an unmarried man. He claims to be an Aborigine. Well, couple who book a room at a motel to do at least he is a part Aborigine. We find things, I suppose, that a couple would do him now rushing into the Press, crawling and in a room in a motel, and who hang outside cringing to the A.L.P. For what reason? In the door a notice "Don't disturb". That is order to truckle to and to remain the fav­ the attitude of the Canberra politicians to ourite bosom pal of Senator Jim Keeffe, the their own personal and political affairs. most obnoxious character in the Federal Par­ They are led in this fight not only by Mr. liament and the most virulent anti-white racist Fraser but by that epitome of discord and in Australia today. I don't know what dissension, Jim Killen. I suppose Jim Senator Bonner thinks he will get from Jim Killen would be on a par politically with Keeffe for his toadyism and sycophancy. the late Jim Carey. Anyone who knows Pronouncements have been made on TV the history of Ireland would know the part channels and on the radio stations as well as that Jim Carey played. I do not know in that arch disciple of Left-wingism in the anyone who did more to smash the Labor Party, "The Courier-Mail". McMahon Government and defeat it in 1972 than the same Jim Killen. In doing these Honourable Members interjected. Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 393

Mr. AIKENS: Members may laugh. Most that is the type of man that the A.L.P. is of them suffer from political myopia. All putting up to this Parliament as its nominee they can say about "The Courier-Mail" is for the position of senator. that h is a Tory paper and they do not believe anything published in it. Thanks to the Whitlam Government and its toadies in the Press, on radio and elsewhere, Mr. Wright: Can I quote you on that one? morality in Australia today is at an all­ That's a beauty. time low. Even a paper that I once had regard for, the Brisbane "Telegraph", yes­ Mr. AIKENS: I hope I am quoted Qn it. terday published an article concerning the I hope that "The Courier-Mail" publishes it gathering of women's libbers, the W.E.L., in bold print. But I know it will not do so, who cut loose in King's Hall in Canberra. because it hasn't got the belly. "The Cmuier­ They are down there at a cost of about half Mail" is indulging in some editorial black­ a million dollars to the Australian taxpayers, mail. and they are carrying on like a mob of spoilt kids and a pack of pornographic rats. With all the sincerity at my command I state that for some considerable time prior Yesterday the "Telegraph" published a to the election of Mr. Tom Burns tQ the story relating how one delegate stood up and position of Leader of the A.L.P. in this Par­ said that a woman in a dental surgery, lying liament, I honestly thought that he wrote on the dentist's couch, put the Christmas "The Courier-Mail" editorials. Anyone who grip on the dentist. When the dentist cares to read those editorials and subject winced with pain, as anyone would wince them to a calm, dispassionate examination if a Christmas grip were put upon him, she will find that that paper is perhaps the best said, "We are not going to hurt each friend that the Whitlam Government ever had. other are we, Mr. Dentist?" These dele­ gates, fostered, sponsored and paid for by We are here to try to do what we the Whitlam Government, roared with honestly think the people of Queensland laughter. That is the sort of thing going would have us do. That is why I am here, on in Australia today. That is the sort of anyway. We are not here to do what the thing by which the ordinary people with people of a particular political party, such whom I mix, and the ordinary people I as the rag-tag members of the A.L.P.­ represent, judge the Whitlam Government. fresh from their phenyl baths when they That is what they would think about before appear in public-would have us do; nQr are they cast their vote for a man like Dr. we here to bow to the wishes of the rather Colston. dissident members of the Liberal Party, who are all over the place like a picaninny's foot­ 1 am not concerned with the charge that prints on the plain; nor are we here tQ dQ as he was a pyromaniac. In my opinion, that we are told by the truculent members of the is beside the point. That word does not mean National Party. We are here to do what I what some members think it means. That believe the great majority of Queenslanders is not the issue. The issue is simply this: would have us do. Would anyone in his should this Parliament, in its wisdom or right senses think that the great majority of otherwise, send Dr. Colston to Canberra, the people of Queensland would choose as knowing what he is pledged to do and their Senate representative a toady of Whit­ knowing what he will do? lam's in the person of Dr. Colston? I am I go around this House, to use an old sure that if Dr. Colston went to the poople expression, keeping my ear to the ground. today against any candidate, he would not I travel around Queensland, I suppose, poll more than 35 per cent of the vote. Such probably more than any other member of a small vote is an illustration of how low this Parliament. And 1 do so at my own the Whitlam Government is in the ~timation expense. I know what the people of and opini'0n of the people today. Queensland are thinking. I have been from Does anyone believe that the people of Mt. lsa to the Darling Downs. I have Queensland would vote for a man who, if been all over the State, and I know what elected to the Canberra Parliament, is the people are saying about the parties pledged to vote in favour of homosexual mar­ in this Parliament. Without doubt they riages? Does anyone think that the majority regard the A.L.P. in this House, which of the people of Queensland would vote for once was an object of adoration and con­ a man who, in the Canberra Parliament, cern for the people, with absolute con­ would support homosexual copulation? D>Oes tempt. They regard the National Party anyone think that the people of Queensland as a party of backwoodsmen, but at least would vote for a man who has pledged his they regard it as a party with some purpose support for legalised incest? This is what in life. They regard it as a party with Dr. Colston would do if he were elected and some concern for unity and, above all, they that is why I know the people of Queen~land regard the National Party led by Joh Peter­ would not elect him. Would they vote for sen as a party of fighters. In this world, a man who would support legislation enabling which is exemplified no better anywhere than brother to marry brother or father to marry it is in Parliament, nobody loves a squib. son? Is that the type of man the people of And no-one can say that the National Party Queensland want to represent them in the has squibbed on any issue placed before Federal Parliament? Of course not. Yet it. 394 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

The position of the Liberal Party is a the Bevises, the Egertons and all the rest disgrace. In Queensland, it is in disarray. of the crowd at the Trades Hall. These are That will be obvious when a vote is taken the people who have the superlative nerve on this matter. Liberal Party members are to come in here and, through their leader, squabbling, bickering, scared and chased up tell the Parliament that no Labor man, any little hollow log by Federal politicians no matter how good he is, can accept who criticise them. They are scared to death nomination by the Premier. of articles in "The Courier-Mail", and fright­ Suppose Eddie Casey had been nominated ened out of their wits by anyone who for the Senate. I was offered nomination appears on TV, radio or elsewhere to say and was promised that I had the numbers. something about them. What would we have thought if the Leader Mr. Lindsay: Rubbish! of the Opposition had stood up and blasted Eddie Casey as he blasted the nominee of Mr. AIKENS: If the Liberal Party does the Premier? I have no doubt that the not pull its socks up, if it cannot see what nominee of the Premier is a ton better is happening to it and do something about Labor man than Dr. Colston, and I have it, it will lose Ryan at the next Federal nothing to say about Dr. Colston in a per­ election. There is no doubt about that. sonal sense. Mr. Lindsay: Rubbish! I know that a lot of play is being made, and is always made, about the fact that Mr. AIKENS: The honourable member is a man is a doctor. If he were a doctor like a boy whistling while walking through of medicine, I would think that he at least a graveyard. What I am saying is not had some intelligence and would know some­ rubbish. If the honourable member were thing about his profession. But have hon­ to talk to the people, they would tell him ourable members any idea about how a man that it is not rubbish. can become a doctor today? Most of them We have a rather peculiar situation in are doctors of philosophy. They go to the this House with three parties. There are, university, usually on a munificent scholar­ of course, the two noblest Romans of them ship, and study some abstruse subject that all, that is, the Independent for Mackay and nobody is interested in. They then write myself. I do not intend to break a lance a thesis about a subject of their own choice. for the edification of myself or my colleague. The next thing they are doctors of philosophy The honourable member for Mackay, without and are referred to as "doctor". doubt, is one of the finest Labor men ever I say in all seriousness that walking around produced in Queensland. He sat in this Queensland there are two doctors and two Chamber as an A.L.P. member for three years and did a terrific job for his electorate, masters of arts who got their degrees and his party and this Parliament. But where is so-called honours by writing a thesis about he today? He has been turned out, thrown me. I think one of them was entitled, "The out or kicked out by the very people who Role of the Independent in Politics". They are telling us that we must elect Dr. go around and some of them think they are Colston. Any party that would throw out convincing the people that they are doctors any man like the honourable member for of medicine. Mackay certainly cannot tell me whom I shall This reminds me of one of the most vote for in the Senate. erudite men ever produced in the old British Empire-Dr. Stephen Leacock, who wrote so An Opposition Member interjected. many humorous books. He was a doctor of philosophy from McGill University in Mr. AIKENS: Opposition members should Canada. He had a string of academic degrees look at themselves. as long as his arm. He regards this as a Mr. Wright: Does the member for Mackay joke. He tells a story about the time he speak highly of you? became a doctor of philosophy at 24 years of age. In those days, in Canada and in Mr. AIKENS: Whether he speaks highly North America, it was the custom to go on of me or not does not matter. I speak a transatlantic tour to celebrate anything. He highly of myself and that is all that matters. booked a tour to go to Great Britain. Have a look at this rag-tag, moth-eaten Naturally he booked as "Dr. Leacock". 11 who sit on the A.L.P. benches. On the ship was a glorious creature from Where are the members who got behind the New York stage. In those days women Percy Tucker to shove the knife in between wore skirts down to their toes. Now they the shoulder-blades of Jack Houston for the wear all sorts of things and it is hard to leadership? Every one of them was thrown tell women from men unless they have out at the last State election. The people nothing on and even then an innocent fellow took their revenge on them. There are still like me still would not know the difference. a few rumpers and a few old weaklings He said in one of his books that he used to among the 11. There are also a couple think how glorious it would be to see that of bright young sparks who think they know woman's thighs. He though she would have everything and really know nothing. These the most glorious thighs in the world but, are the people owned and controlled body as he said, he knew there would be no and soul and ruled by a rod of iron by chance of his ever seeing them. Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 395

He said, "One day when I was leaning The honourable member said that he spoke over the rail a steward came up to me, with all the sincerity that he could muster. I tapped me on the shoulder and said, 'Dr. note that it was a pretty short muster, and Leacock, the master would like you to go that he was not very puffed at the end of it. down to the stateroom of Miss So-and-so. It seems to me that there could not have She has fallen and injured her thigh.' " There been much sincerity in the stockpile. I hope he was, as the late "Nugget" Jessen would that my party will always have men with the have said, on the horns of Emma. He said, principles of Mr. Killen, Mr. Chipp and "I didn't know whether to tell him I was Senator Banner. I heartily applaud their a doctor of philosophy, not a doctor of medi­ membership of my party, and I am proud to cine. Finally the biological urge in my warm be a member of that party alongside them. young blood overcame all my scruples. I rushed down to the stateroom with the steward Mr. Aikens: The Labor Party hope they at my heels. When I got to the stateroom will always be in the Federal Parliament, door I threw it open, but instead of being too. able to go in and have a close look at Mr. LAMONT: The honourable member this glorious creature's thighs, I found that I has had his turn. couldn't because I had been forestalled by a doctor of divinity." That is the play that Last week it was not clear to all members is made on this "doctor" racket. that there was, at least in the joint Govern­ ment parties, a free vote for those who Mr. Wright interjected. wanted to vote in accordance with their Mr. AIKENS: Probably Job's sense of consciences. I think that this week it is clear humour is different from mine, but he has that that is in fact the position, and many more guts than the honourable member for members will feel released to do just that. Rockhampton. At least he will fight, which Last week our attention was drawn to is more than I can say for the A.L.P. today. certain allegations which in ·the past had been Joh might not have the sense of humour that made about the nominee of the A.L.P. The I have-perhaps he is better without it-but evidence was tabled, and honourable mem­ no-one can quibble at his fighting qualities bers still have time to read it before they and his pugnacity, and there are times when vote. But no matter how convincing one his truculence may stand him in good stead. may think the evidence is, it is no more than We are going to elect a senator in the a prosecution brief. It does not contain the Au~tralian Senate. So uninterested are the other side of the story, whatever that may people in the Senate that I am prepared to be. It is only a prosecution brief which may wager that not one person in a thousand in or may not establish a prima facie case in Queensland could tell me the names of the the opinion of those who read it; but clearly 10 Queensland senators. Not one in 500 in the opinion of the prosecutions section would even know that Queensland had 10 of the Queensland Police Department or the senators. I would not be able to name them Crown Law Office, whichever made the all without sitting down with pencil and decision, it did not, in its opinion, con­ paper and cogitating for a couple of hours, stitute a prima facie case for prosecution. and I am in the political game. As far as After reading the file myself, I say that some the whole Senate issue is concerned, it is as doubt about the matter might persist, but, as dead as a maggot on a western chop. it is not balanced by counsel for the defence, That is my position. I am not concerned I cannot make a proper decision. I must about the A.B.C. or any other television or therefore dismiss the allegations from my radio station, and I am certainly not con­ consideration. cerned about "The Courier-Mail" or even I suggest that possibly the defence of Dr. "The Townsville Daily Bulletin" in my own Colston to these allegations has been poorly city. I am concerned only with my con­ handled by the Opposition. There is no ception of my duty to the people who put doubt that the arrogance of the Leader of me here, namely, the electors of Townsvi!le the Opposition, the way in which he threw South. I know that they would never forgive down the gauntlet, his defiance and sense of me if I voted for a man who would enter challenge, alienated many members in the the Federal Parliament and support all the Chamber, but I urge members not to judge a things for which the Labor Party now stands, man's reputation by the arrogance of his such as homosexuality, incest, abortion on advocates. demand, jobs for the boys. When the vote is taken I will vote according to my con­ The second point that I should like to science and in accordance with my concep­ make is that there are no doubt many A.L.P. tion of what the people of Townsvi!Ie South nominees who have undesirable qualities. I would have me do. should hate to think that the Parliament would have to wait as long as was necessary Mr. LAMONT (South Brisbane) (3.2 p.m.): to find an A.L.P. nominee who was any­ Before addressing myself to the question where near perfect, or even suitable to sit in before the meeting, I should like to place on the Senate. We would be sitting here for a record that I resent the remarks of the hon­ long while if we wanted to find that sort of ourable member for Townsville South about excellence in a nominee from the Labor Mr. Killen, Senator Banner and Mr. Chipp. Party. 396 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

1 would like to dwell just very briefly on as the nominee of the Q.C.E., he is clearly the evidence that has been tabled in the the nominee of 11 parliamentarians. Clearly Chamber. What I found upon reading it was 11 members of Parliament who represent that the gentleman who has been nominated that party are unanin1ous in their nominatio.n held the key to a lock which a police officer of Dr. Colston and the fact that their believed in his opinion-! stress the word political naivety or their timidity, or what­ '·opinion"-could not have been broken but ever it is, allows them to be dictated to by had to be unlocked by that key. Apparently an outside body, and that that may intrude two fires took place at the school where into their conscience, is not a matter for our Dr. Colston was the headmaster. It was conscience. That is the way they play their established that he was in the vicinity at the politics and it is too long and too historical time the fires took place. That was one an argument to thrash it out in our con­ police officer's opinion. It was also one sideration of this nomination here today. police officer's opinion that the fire was lit in the room to which Dr. Colston had the I cannot agree with A.L.P. regulations, and key. But again that was opinion. There is thankfully I do not have to. But if we nothing on the file that indicates an alter­ want a nomination from the Australian native argument which might be equally Labor Party in this meeting here today, we plausible and I am therefore going to pre­ have to accept that it will be a nomination sume that the man is innocent until he is from one of those 11 gentlemen of the proven guilty. Opposition and they have given us only one. I am afraid we cannot put it out of our I regret that the Opposition have not yet minds; we cannot pretend that we do not put up a plausible defence to what I think know that the Premier's nominee, although are these somewhat hollow allegations. They he may at this very moment be a member are certainly unsubstantiated. In the 12 of the A.L.P. will, in the very next moment, months I once spent prosecuting in a magis­ be putting himself outside that party. We trates court, I would not have wanted to cannot pretend that we do not know that proceed with the prosecution of that case, fact. and it is my belief that any magistrate would have thrown it out for want of evidence. I If Dr Colston's nomination is not accepted, therefore feel compelled to put aside these I will not vote against the Premier's nomina­ unproven allegations when making my final tion because he might be a very good man. decision. But I will not be a party to a breach of the conventions of the Constitution, and for that I should now like to deal briefly with the reason I will have to sit outside the Chamber question that has been raised about a matter when a vote is taken. I will not vote against of choice. We have beep told that we in this a man whose reputation I do not know. Chamber will not accept a direction of the Q.C.E., that we want a choice. I put this I cannot vote against Mr. Field, who may argument to honourable members: if the be a very fine member of the A.L.P. today, Q.C.E. came up with three nominations for and I cannot vote for him because I know us to choose from, it would still be dictating he will not be a member of the A.L.P. to us. It would still be saying, "Look, you tomorrow. I shall therefore withdraw if are having only those three." We might find his nomination is put forward. them totally unacceptable, but those who stand up and say, "I only voted It is clear to me that the people of against Colston because I wanted a choice" Queensland decided, very wisely, on 18 May, would have their argument satisfied. They that the National and Liberal Parties should would have a limited choice, a choice limited have a majority of senators representing this by outside direction by the Q.C.E., if honour­ State. Their decision was six to four, and able members want to put it in those terms. six to four is, I believe, what the people So waiting for a choice makes very little of Queensland are entitled to in the Senate impression upon me. We did not ask for a to represent Queensland. There were before choice last time. I find it difficult to accept Senator Milliner's death, four A.L.P. that convention insists that we have a choice Senators in Queensland. There ought to be this time. four A.L.P. Senators tomorrow. If the I cannot see that a stand on choice is a Premier's nominee is accepted, I am afraid stand on principle. We know that any A.L.P. there will not be, and honourable members nominee, whether he comes up in a panel or cannot ignore that fact. on his own, will be the nominee of the I said last week-1 will repeat it for the Q.C.E. We know that any A.L.P. member record-that members of this Assembly must who accepts candidacy against Dr. Colston recognise that we cannot govern Australia will be automatically expelling himself from from the State House in Queensland; we the party, such is the rigidity of its rules. I deplore and lament the rules of a party that cannot govern Australia from the Opposition are so dogmatic that they bind the parlia­ benches in the Senate. I said also last week mentary wing to the executive of the party, -and again I repeat it for the record-that but that is something which is a regulation if there is a bad Government in Canberra of the A.L.P. and that is a price that (and I believe there is), there is a proper oarliamentarians of the Labor Party are remedy. It is to have an election. But obviously voluntarily prepared to pay for we do not have the prerogative to pre-empt endorsement by their party, and so I say the decision by Mr. Fraser or the Prime that even if we do not regard Dr. Colston Minister on when that election will come. Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 397

Once again I urge honourable members eligibility of Mr. Field. The rules of the Aus­ to respect a convention, one that has grown tralian Labor Party are explicit, so that at the up since 1949 and has been respected by both moment he agreed to the nomination he sides of Parliament, with one exception, that ruled himself out as a member of the Aus­ being as a result of Mr. Whitlam's fiddling tralian Labor Party. At the time of signing of the Senate and the judiciary earlier this the nomination Mr. Field failed to honour his year. I ask honourable members once again obligation as a member of the Australian not to vote for vested, immediate and Labor Party. He breached the rules of that temporary interests, but to honour the time­ party and from that time he ceased to be a honoured and enduring principles of that member of it. Therefore the Premier's convention. I ask them to ignore the fact claim that he is submitting for selection the that Mr. Whitlam fiddles the rules as he name of a member of the Australian Labor wants to. I ask them to ignore the fact Party is quite wrong. The Premier's nomin­ that Mr. Burns, quite hypocritically, roams ation will not be accepted by the public. The through various conventions that his own public wants a member of the Australian party does not respect. Mr. Whitlam fiddles Labor Party to replace Senator Milliner. That the conventions; Mr. Burns roams through has been made perfectly clear in all sections them. If you will pardon the pun, Mr. of the community. Speaker, Whitlam fiddles while Burns roams. The Premier says that Parliament must But that ought not to concern honourable have a choice. He tries to support that con­ members today. We do not take men of lesser tention by quoting what the former member standing as our exemplars. So I urge hon­ for Townsville North, Mr. Tucker, said on ourable members to put Labor chicanery a previous occasion. Let me read exactly aside. They are not the people whom we what Mr. Tucker did say when the Premier will take as our example. We can honour alleges that he, Mr. Tucker, wanted a choice the conventions or we can follow the Whitlam of candidates. On 11 June 1971 Mr. Tucker system; that is our only choice. said- My greatest fear for parliamentary democ­ "So that there may be no ambiguity racy in Australia today is twofold: firstly, and no misunderstanding in this r·egard, let that the Left will go too extremely Left and me say on behalf of the Opposition that that the conservative parties will go too we are in accord with Mr. Bonner's nom­ extremely Right. That is a possibility. The ination. On 24 March 1971, 'The Courier­ other fear I have is that parliamentary Mail', under the headline 'A.L.P. for institutions and conventions of the Constitu­ Bonner as new Senator', reported that the tion will be disregarded as Whitlam has Leader of the Opposition intimated that constantly disregarded them whenever he has we were in accord with Mr. Bonner's sought an advantage. nomination. Do not let there be any ambiguity or misunderstanding; the Oppo­ Both of those elements---extremism on the sition believes that Mr. Neville Bonner one hand and disrespect for conventions on should be nominated to fill the Senate the other-are elements of the debate here vacancy." today. I am afraid that honourable members will be contributing to both ignoble trends On {he same date, after referring to remarks if we agree to depart from the conventions of a previous Premier (Mr. Nicklin), Mr. that we in the Parliament are expected to Tucker said- respect. We of the joint Government "What has happened has highlighted the parties-the Liberal Party and the National political hypocrisy of the statement I have Party-are the representatives who stand for mentioned and the action subsequently tradition. The fact that the Labor Party taken. When the A.L.P. submitted one does not is of no interest to me. If we nominee, the then Premier said, 'Parliament have our consciences swayed merely because must have a choice'. However, on this they have not a conscience, we do not deserve occasion we are not given any choice by to be respected above them. the Liberal Party, or by the Country Party; we are given one name only." So I once again urge honourable members to join me in what I will do today and On that occasion Mr. Tucker was not sup­ what I did last week-obey the convention porting the contention that we should have and vote for the only A.L.P. nominee who more than one name submitted. He was is before the Chamber. merely quoting whM had been said by a former Premier about choice and was point­ Mr. MELLOY (Nudgee) (3.14 p.m.): In ing out that the Parliament had only been submitting the name of Mr. Field to the given one nomination. He continued-- Parliament, the Premier has hung his hat on "It is pertinent to draw attention to the two pegs. First, he has alleged that Mr. fact that when the Government sees fit it Field is a member of the Australian Labor acts in one way, and, when it suits it to Party. I shall deal wtth that in a moment. do so, it somersaults and acts in another way." On 2 July last the Premier mid that the man to replace Senator Milliner would be Never in the history of the selection of a an Australian Labor Party member. Let us replacement have we had a situation like the get quite clear now the question of the one we have today. 398 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

Mr. Marginson: That makes a liar out of result is that, in effect, this Parliament i-; him. presented with the name of only ~ne person who is a member of the Australian Labor Mr. BJELKE-PETERSEN: I rise to a point Party. of order. I heard the honourable member for Wolston say that it makes a liar out of Let me now say a few words about Dr. me. For the benefit of the honourable mem­ Colston. The Premier made great play of ber who made that interjection let me quote the fact that he is not a doctor of medicine. from "Hansard" and then we can see who What does that matter? He does not the liar is. claim to be a doctor of medicine. Many persons in the community are doctors Mr. SPEAKER: Order! I ask the honour­ of various faculties and are entitled to be able member for Wolston to withdraw that known as "doctor" because, like Dr. Colston, remark. they have earned their degrees. Mal Colston Mr. Marginson: I substitute "untruth" for is a Doctor of Philosophy. On this occasion "liar". it is quite evident that he has been endorsed by the community as the man to replace Mr. BJELKE-PETERSEN: He can have it Senator Milliner in Canberra. that way, but I am going to read to the Parliament something pertaining to this whole A good deal has been said about whether question. As to the matter raised previously the selection of a senator is merely a matter by the honourable member for Bulimba-- of following the convention by which the person selected belongs to the same party Mr. SPEAKER: Order! The honourable as that in which the vacancy occurs. Con­ member withdrew the remark and that is vention has been established by precedent, the end of the matter. The Premier may and that convention has been followed by make his point when he next has an oppor­ all Governments until now. They have been tunity to speak. happy to adhere to it. This is the first occasion someone has been intent on not Mr. BJELKE-PETERSEN: Thank you, following the precedent that has been set Mr. Speaker. I would just point out that and on disregarding the principles. they did not ask for a choice. If members of this Government do not Mr. MELLOY: I shall deal further with follow convention, they will be answerable the nomination of Mr. Field. Over the not only to this Parliament but also to years he has had the opportunity of nomin­ their electorates. ating for the Senate if he had felt inclined Government Members: What rot! to do so; but on the two previous occasions when vacancies occurred in the Senate, at Mr. MELLOY: What I have said is true. times when Mr. Field was a member of Government members will be answerable to the Australian Labor Party, he failed to the people of Queensland for what they do show any interest whatever in nominating today. I assure them-although they do for the Senate. As a matter of fact on not need any assurance-that the people of frequent occasions he has sought nomination Queensland are vitally interested in what is as A.L.P. candidate at general elections, but happening today. I repeat that Government he has been overwhelmingly defeated in the members will be judged by the decision that plebiscites, which indicates that the Aus­ they make on this vacancy. tralian Labor Party has not been prepared to accept him as its candidate. The people have made clear the course that they want taken on filling this vacancy. It On this occasion Mr. Field did not has been made clear through newspaper approach the Australian Labor Party to be editorials, constitutional authorities and even considered as its nominee to fill this vacancy. by the Treasurer. He should carry some And to prove how insincere he is in pro­ weight with Government members. If he fessing to be a member of the Australian does not, there is something wrong with Labor Party, I make the point that, instead them. And other members of the Govern­ of approaching the Australian Labor Party, ment have indicated that they see the justice he apparently approached the Liberal Party, of the nomination we have made. Support asking to be nominated. has also been given by executive members Mr. Burns: Or the National Party. of the Liberal Party and the National Party, by the leader of the Liberal Party in Mr. MELLOY: Or the National Party, Canberra and by the leader of the National and I appreciate the distinction. There is Party in Canberra. As was pointed out a great difference between approaching the by my leader, it was unanimously resolved Liberal Party, which presumably would have by Federal Parliament this morning that this given him short shrift, and asking the Parliament should support the convention. National Party to nominate him. But the The Labor Party is not asking Government point is that he did not approach the Aus­ members to be disloyal to the Premier, tralian Labor Party. As I said earlier, but it is asking them to be true to their he is no longer a member of the Australian consciences and loyal to the people of Labor Party; he forfeited his membership Queensland. If they have any consciences, the moment he accepted nomination. The they will do the right thing. I know that Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth o/ Australia 399 many of them are fearful about retaining Mr. SPEAKER: Order! their seats. Many of them feel that they are oncers in this Parliament and perhaps J\!Ir. MELLOY: If the honourable member for that reason they tend to do things that thinks he can get payment out of them, he they would not otherwise do. On this occa­ should do it by all means. sion the principle is well known to all I charge Government members with the Government members. The point is: do they responsibility of voting according to what intend to vote according to their principles? they know to be right. Let them not think Government Members: Yes. that how they vote today will be the end of the matter. I say to the Premier and his Mr. MELLOY: No, they do not! Not on colleagues that he who lives by the sword their lives! dies by the sword. Government Members: Yes. Hon. Sir GORDON CHALK (Lockyer­ Mr. SPEAKER: Order! Deputy Premier and Treasurer) (3.32 p.m.): I believe that as elected members of Parlia­ Mr. MELLOY: They cannot vote according ment we have a responsibility this afternoon to their principles because their principles to weigh up the situation and come to a are not clear. Some Government members conclusion. I do not propose to make a are in conflict with the Premier. Thank mockery of the debate, although in my view goodness they have enough guts to speak one or two of the speeches that were made last up and say what they think of the situation. week and particularly the speech of the hon­ ourable member for Townsville South this We have enjoyed proportional representa­ afternoon did make a complete mockery of it. tion in the Senate, and the people made it The time of the honourable member for quite clear through the method of propor­ Townsville South was taken up in maligning tional voting that they wanted six Liberal­ either people or political parties. I also feel National party members and four A.L.P. that the debate itself is drifting far away members. They look to this Parliament to from the particular responsibility that we are maintain that situation, knowing that Bertie called upon to discharge today. Milliner was elected for a period of six years and served but 12 months. The people I do not propose to traverse the ramifica­ indicated through the ballot-box at the last tions of many of the things that have been Senate election, through the Press, their said since the death of Senator Milliner. representatives and every other avenue, how Much has been said about one or two per­ they feel. The Treasurer has the sense to sons who have been named as possible can­ realise this. If there is one man in the didates to fill this vacancy. Government who can read the mind of the What I do want to do is outline clearly public, it is the Treasurer, and he has made to this Chamber and to the people of it quite clear where he stands. Queensland, as well as place permanently In the near future all Government members on record in "Hansard", just where I stand will return to their electorates. If they vote in regard to this matter. I do not want some against Mal Colston, they will be asked why Press assumption. I want to say to the they did so. Their only possible answer Chamber and to the people of Queensland would be, "Joh told us to do it." That is that I regard the task before us today as a not good enough. The people elected them grave responsibility. And in the 28 years in the belief that they would act on principle. that I have been in this Chamber, I have They will have to disillusion them. never once shirked a responsibility. Government Members interjected. Mr. Aikens: You are going to shirk one today. Mr. SPEAKER: Order! Sir GORDON CHALK: I would not shirk Mr. MELLOY: It is useless for Govern­ it in many of the ways that the honourable ment members to try to laugh it off. They member has shirked responsibility in his time. know in their hearts what the true situation He knows that only too well. He even is. For the benefit of the Premier, apparently shirked appearing before the Casket Commis­ they are afraid to give any indication of sion whereas I went through with it. support for the A.L.P. candidate. They have to put on this brave front and laugh. They ,Mr. AIKENS: I rise to a point of order. laughed at the honourable member for I object to that scurrilous statement. I went Townsville South, at every joke he cracked. to the Casket Commission to give evidence There was a need for them to relieve the and I was thrown out by the presiding judge. tension they were suffering in their minds I was quite prepared to stay there as long and consciences because they had to vote as the Treasurer did and what is more I against what they felt was really right on would have made a more useful contribution this occasion. than he did. Mr. AIKENS: I rise to a point of order. Sir GORDON CHALK: I accept the In view of the remarks of the Deputy Leader explanation of the honourable member. He of the Opposition, can I charge members was thrown out by the commission because psychiatric fees? he was not prepared to obey the laws of the 400 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia land. Of course, he has the right to come Queensland Government, and in the other into this Chamber and, under parliamentary the New South Wales Government-had a privilege, say whatever he likes. responsibility to indicate to the people . of Australia that it did not agree with the actiOn However, I am not going to be distracted. of the Australian Labor Party and the Gov­ I regard what we are doing today as a grave ernment in Canberra. responsibility and, so that there will be a permanent record in "Hansard" of my It is true that on each occasion there attitude in this particular matter, I want to were expressions both from this Parliament state it clearly. and the Parliament of New South Wales. But in what position do I find myself this In the first place, I do not regard any afternoon? In what position does each and action that I might take here this after­ every member of this Assembly find him~elf noon, or the action of anyone who might this afternoon? We find ourselves bemg follow the same line, as evidence of a split asked to elect someone to fill the place of within the Government parties. This is not one who departed this earth not of his own a matter affecting policy in the administra­ choosing. Whatever our political beliefs tion of Queensland. We were elected to might be, we have all paid tribute to the Parliament to carry out the responsibilities of late Senator Milliner. the administration of this State, and, as one Let us have a look at the circumstances pledged to a political party and also to the under which the late Senator Milliner was Government of the day, I will honour that elected to the Senate. It is true, as the obligation. But, on the other hand, when Leader of the Opposition has said, that he it is constitutionally laid down that this was one of a number on a political ticket Parliament shall send to the Senate a person and I believe that on election he would to take the place of one whose service in have retained his place for the full six years. the Senate has terminated, that is a respon­ We all know that the Constitution lays down sibility of the whole Assembly. Consequently, that in the event of the death of a senator as I have already said, I do not regard his replacement does not serve the full term the attitude that I propose to take as indi­ but must face the people again at the first cative of any sort of a rift between the opportunity. I do not think we can argue Premier and me. I informed him earlier that Senator Milliner was not democratically in the week of the action that I proposed elected. In other words, his election was to take, and there was a concurrence of the result of the will of the people at that opinion between us on my right and respon­ time. Consequently, after his death I publicly sibility. expressed my opinion about his replacement This afternoon we are asked to vote for and I have not changed my ideas. As the a person who will be returned to the Senate responsible leader of a party, one has very to fill the vacancy caused by the death of often to answer questions from the Press, the late Senator Milliner. I believe that because if an answer is not given an assump­ there is a responsibility on me to ask myself tion is usually made which very often is what are the circumstances on this particular not correct. occasion. We have heard a lot said about At the time I indicated to the Press­ the election of Senator Banner and other and I used the words I have used this after­ senators who were selected in this Chamber. noon-that, because this vacancy occurred On each occasion there were certain circum­ as the result of the death of Senator Milliner stances surrounding the election. I agreed and not as the result of shenanigans within that on one occasion it was necessary to the A.L.P., there was a responsibility on refer to the Labor Party for a choice. the Government to return a man of the same On this occasion, I went along with a political philosophy as the departed senator. decision of my colleagues that we would As I said, I stand on that priciple. I realised again ask the A.L.P. for a choice. that quite a number of my colleagues desired But to me the circumstances as they pre­ a choice of nominations and I went along sent themselves this afternoon are entirely with that viewpoint. Last Wednesday after­ different from those that applied following noon I supported a decision, which was to the resignation of both Senator Gair and afford the A.L.P. a further opportunity to Senator Murphy. On each of those occasions, provide a number of nominations. The I believe that the Labor Party could be A.L.P. decided that it would not submit more charged with what might be termed con­ than one nomination and I do not deny siderable shenanigans in political manoeuv­ the A.L.P. that prerogative. ring. In other words, there was a specific There are what I term rules within a poli­ purpose behind what was ultimately achieved tical party, whether it be the Liberal Party by the Labor Party. The removal of Senator or the Labor Party, and I believe that those Gair from the Senate placed the A.L.P. in a party have the right to subscribe to in an advantageous position, and the resig­ its rules. It has been reported that last nation of Senator Murphy and his elevation Friday evening the Liberal Party at its to the position that he now holds was also, executive meeting decided to follow a cer­ I believe, the result of certain shenanigans tain line. It was reported that I was at within the Australian Labor Party. On each that meeting. That is true. I believe that of those occasions I believe that the State the executive of the Liberal Party was quite Government concerned-in one case the within its right in not demanding of any Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 401 member that he or she should follow what On the other hand, I am one who believes might be described as a direction from the in the party pledge. If a man has been party. elected to high office in the A.L.P. and he has served in quite a number of areas, and The resolution was quite clear. It was he has submitted his name for selection an indication that the executive of the party as a candidate to carry the A.L.P. banner, believed that an A.L.P. representative should I cannot believe that, just because of his be returned to fill the vacancy caused by own political feelings, he could overnigh!, the death of Senator Milliner. From a as it were, change his outlook. If he Is legal viewpoint, I fully concurred with the true to his principles, the responsibility on him is to remain within his party and to resolution. Immediately afterwards, a num­ fight so that his party might change in its ber of members of my own party came to thinking and be brought around to the me and indicated, as one of them has indi­ principles to which he subscribes. cated in this Chamber this afternoon, that no direction was given. Mr. Aikens: They would toss him out in a week. As I said earlier, I believe that each elected member has the right to vote on Sir GORDON CHALK: They have tossed this matter according to his own conscience. him out now. I have read within the last If he or she does that, he or she is ful­ half hour what has happened because he filling the obligation and responsibility of committed himself by allowing his name to a member of this Assembly. Because of be nominated. I cannot support that basis that, I wish to make my position quite clear. of opportunism. I believe that the person chosen should be I have made my position quite clear. I a member of the Australian Labor Party. do not ask any member of the party that I shall not go into the criticism of the I have the honour to lead to follow me. I character of the person put forward by the ask members of my party to sum the situa­ A.L.P. A number of things have been tion up within their own conscience because, said in this Chamber and in other places. after all their conscience is their guide. I Personally, I always regard a man as being would s~y that that is the manner in which innocent until he is proved guilty. I know I propose to vote. I propose to let my Dr. Colston only by sight. I know that conscience be my guide in this matter. he has been employed by the Government My conscience is clear in supporting Dr. for a considerable time. If there were things Colston and my conscience will be clear detrimental to his character, if there were in opposing the election, if the opportunity things deserving of particular action, then arises, of Arthur Field. the Government itself stands condemned for having continued him in its employment. Mr. K. J. HOOPER (Archerfield) (3.52 p.m.): The debate on the nomination of Dr. Mr. Hartwig: Sack a few others. Mal Colston to fill the vacancy caused by the death of the late Senator Milliner must Sir GORDON CHALK: When I get a surely go down in the history of this Parlia­ bag of potatoes or onions from the Lockyer, ment as "Infamous Wednesday"-the day on there are usually a few bad ones in the which this Government stripped itself of any bag. The situation is similar inside this vestige of respectability it may have posses­ Chamber and in Government departments. sed. It must go down as a day on which However, a person is entitled to be regarded its respected-! use the word advisedly­ as being honest and upright until he is Cabinet hierarchy sheltered behind the vest­ found guilty, so I propose to vote for Dr. ments of the junior member for B~lmont-:-a Colston when the time comes. I shall do seminary drop-out. In what Parliament m that on the basis of principle, not because any part of the world could the electors by doing it I shall be following what might be treated to anything parallel with the per­ be regarded as tradition. formance in this Chamber last week? Where, The A.L.P. having denied the Assembly Mr. Speaker, except perhaps in the hallowed the right of choice, I have indicated quite halls of the Reichstag would a person be clearly to my parliamentary colleagues that charged, tried, found guilty and executed o.n I have no objection to someone else being the suspicion of one person, and all of this nominated. I have said that I will vote achieved without any charge ever having been for Dr. Colston. If he is unsuccessful, I laid or one shred of evidence produced to again make it quite clear that I do not support the allegation? propose to vote for Mr. Field. My reason Mr. FRAWLEY: I rise to a point of is that, if I did, I do not believe I would order. I draw attention to the fact that the be fulfilling the desired right of selection honourable member for Archerfield is reading within my own political party. I cannot from a prepared brief. reconcile myself to the fact that Mr. Field, if selected here this afternoon, would be an Mr. K. J. HOOPER: Yet that happened, A.LP. representative in Canberra, although, Mr. Speaker, not in Hitler's Germany but deep down. his principles might virtually here in this very Chamber. This surely coincide with those who are supporters of must be branded as the highlight in the the A.L.P. career of Johannes Bjelke-Petersen. How 402 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

Herr Schicklgruber must have stirred in his say, however, and should have said, was that crypt! The ghosts of Goering, Goebbels this was not the spontaneous action of a and Himmler must have nodded approval. member caught up in the heat of a political This event, of course, may appear on debate but rather the action of a person who the surface to be one of the hazards of allowed himself to be used by an unscrup­ tough political skirmishes. But I invite the ulous Government seeking to hide its own Parliament, Mr. Speaker, to reflect on the bastardry under the guise of the actions of deeper implications of this whole sordid an ine)Cperienced politician. I am told on episode. good authority that this was done at the behest of the Mafia representative on the I refer firstly to the performance of Gold Coast, the Minister for Local Govern­ that self-styled paragon of virtue who led ment and Main Roads. the debate on behalf of the Government, this man who played God, the junior-the Mr. HlNZE: I rise to a point of order. very junior-member for Belmont. He is the I was not listening very intently to the man who, in his own public utterances, honourable member for Archerfield, but I clearly demonstrates that he has a compelling think he made reference to me and to the urge to sit in judgment on his fellow man. Gold Coast in connection with the Mafia. He bases his accusation on whispered innuendo and uncorroborated evidence. Mr. SPEAKER: Order! I did not hear the Having satisfied himself that that type of honourable member. lavatory gossip was the pinnacle of criteria Mr. HINZE: I will read in "Hansard" the on which a person's reputation must surely words uttered by the honourable member, be judged, he felt a compelling sense of but if he used the words that I thought he moral obligation to offer that filthy innuendo used I demand an apology and an immediate as a valid reason why a decent citizen and withdrawal-otherwise I will go over and a respected public servant was not a fit knock his bloody head off. and proper person to be elected to the Parliament of the Commonwealth. Mr. SPEAKER: Order! The Minister has Mr. Lester: You can't talk about filthy asked for a withdrawal. The honourable innuendo. member for Archerfield will withdraw the r,emark. Mr. K. J. HOOPER: I am not listening to weevilly bread. Mr. K. J. HOOPER: I withdraw it, Mr. Speaker. It is indeed refreshing to meet a person who, on his own admission, has reached Mr. Hinze: And don't do it again! such a peak of divinity that he is able to Mr. K. J. HOOPER: I'll do what I like, and judge and cast out the lesser mortals who you shut your mouth. do not reach the required standards of moral­ ity that he in his wisdom demands of them Mr. SPEAKER: Order! Language such as but does not practise himself. that will not be tolerated. The honourable I know of one other such person who member for Archerfield will withdraw it and distinguished himself in a like manner. He obey the Chair. enjoyed brief notoriety on the American Mr. K. J. HOOPER: I withdraw it. political scene by peddling the same type of filthy innuendo and by seeking to destroy his The public must be made aware of the political opponents by uncorroborated charges fact that this whole exercise was engineered of malpractice, by the innuendo of disloyalty, in the Government parties' caucus. A decision by the whispering of unfounded gossip and by would have been made, with the full unfounded charges of subversion and treason. knowledge and approval of Government The person to whom I refer is known con­ members, that an inexperienced back­ temptuously as the junior senator from Wis­ bencher would lead the tin-tipping. This consin. He left as a legacy of his short decision was arrived at in the hope that if stay in American politics the word public opinion proved to be adverse, as it "McCarthyism" to describe the actions of a did, the unfortunate error could be attributed political figure bereft of any sense of honour to a new member's inexperience. This just or decency, and it is used to typify the low­ won't wash. This is a classic example of the est depths of political bigotry, chicanery and depths to which this Government has skulduggery. descended. I believe that "The Courier-Mail", in its Mr. Sullivan: In delivering your address leader, echoed public sentiment when it can't you tone your voice to make it appear stated- that you're not reading it? "Innocent people should not have their Mr. K. J. HOOPER: The Minister is very character attacked under paraliamentary thick skulled, and I am speaking as loudly as privilege, and Mr. David Byrne's remarks I can so that my words will penetrate it. should be treated with contempt." I repeat: this is a classic example of the With this sentiment anyone with a shred of depths to which this Government has justice in his make-up would agree. I descended. By not following established compliment "The Courier-Mail" on this forth­ and honourable practices in the replacement right statement. What the paper did not of a senator, it has shown that, in addition Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 403 to having no scruples whatever, it is pre­ Parliament the right of choice when vacancies pared, in an endeavour to score some cheap similar to the one under discussion occurred political victory, to sink so low as to attempt in the Liberal Party? Is he giving Parliament to destroy a man's good name in the process. the right of choice on whether the parlia­ The last vestige of respectability has been mentary delegates from this State shall attend stripped from this shabby Government. I the reconvened Constitution Convention? In exclude from this criticism those Government every instance the answer is a resounding no! members whose action in crossing the floor of This highlights the double standards under the Chamber mirrored their distaste for a which the Government operates-one Government that had prostituted itself. standard for the Government and an entirely Mr. Lester: You're trying to drive the different one for the Opposition or for wedge; but you're not a good carpenter, so people who disagree with this tarnished and you won't succeed. tawdry Government. It is about time the Premier and the Mr. K. J. HOOPER: Weevilly bread again! Government ended this petty, political farce I am reminded of two other occasions on and set about guiding Parliament on some which this Government has distinguished constructive legislation instead of wasting itself in a similar manner. The only differ­ time tilting at political windmills. ence is that on those occasions it was seeking to destroy two of its own members. I am The vacant seat in the Senate belongs right­ sure the older members in the Chamber will fully to the A.L.P. The A.L.P. has the recall the similar tactics that were adopted right to choose its nominee, and it has chosen to justify the sacking of a former Minister the man who was very narrowly defeated just for Lands, the late Alf Muller, and that of 16 months ago-Dr. Mal Colston. a former Minister for Industrial Development, Mr. Alex Dewar. On those occasions the Mr. GREENWOOD (Ashgrove) (4.3 p.m.): filth was thrown by senior Cabinet Ministers. I did not propose to enter this debate but Perhaps that was prompted by the. circum­ the Leader of the Opposition, the Press, and stances prevailing at the time; nevertheless lately the honourable member _for Arc~erfield, it proves the point that this Government has have made a series of allegatwns agamst the never been reticent in descending to filth and honourable member for Belmont. gutter-type politics. But on this occasion it has sought to bring some semblance of The Leader of the Opposition referred to respectability to its action by hiding behind a "brutal verbal assault last week" and to the the inexperienced and apparently unscrupulous "national resentment and contempt"-those member for Belmont-the evil friar. were his words-that the speech made by I hope that the people of the Belmont the honourable member for Belmont occa­ electorate take note of the actions of their sioned. This week we read in the Press member and that the rest of Queensland quite a number of criticisms. I ask the does likewise. If this is the type of member Leader of the Opposition, his supporters, the they want, if this is the type of Government Australian Press and those who have written we must have, the days of anarchy are not to the Press, "How many of you have read far around the corner. This sorry episode the material that was tabled in this Chamber must highlight the loss of many decent last week?" I suggest to those who have members from this side of the Parliament not read it that they do so without further at the last election. delay, before making any othe~ allegations which will make them look foolish. I want to discuss the insistence by the Premier and the Government that a panel I indicated that I did not know how many of names be submitted to give the Parliament had read it, but there is one person I will a choice. If there is anywhere a more illus­ except from that. I know that the honour­ trious example of cant and hypocrisy I have able member for Archerfield has not read it. yet to find it. The almost virginal attitude of When he referred to the speech made by divinity adopted by the Premier is little the honourable member for Belmont he said more than a futile exhibition of sanctimoni­ that it was "based on whispered innuendo" ous hog-wash. On the one hand he insists and "lavatory gossip." If the honourable on the right to a choice, yet on the other member for Archerfield had read that material hand he denies his own Caucus the right of it would have been as plain to him as it is choice or election of those members who to anybody else who has read it that, far fr~m will serve as Cabinet Ministers. Not only being based on innuendo or lavatory goss1p, does he deny them the right of choice, but it is based on what i.:, plainly a copy of a he insists that it is his sole, divine right police report from the Cooroy Police Station. to choose these people. The same applies to That is absolutely clear. What we are the Liberal leader, Sir Gordon Chalk. considering, and what the honourable member Did the Premier give the people of the for Belmont had to consider last week when State the right of choice on daylight saving? deciding just what his duty was, is something Like hell he did! Did he give them the which is not third-hand but is obviously an right to decide whether he should use the official nolice report. What does that report Government plane for his own private use? say? Each one of us has to look at it and Again, like hell he did! Did he give this decide what inference he draws from it. 404 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

The first thing that is clear from the report Mr. GREENWOOD: This is a contem­ is that these two fires were not accidental. porary report. There is a subscript on it, There were two of them in the same place dated 6/6/62 by the sergeant second-class within a few weeks of each other-one on 25 who wrote the subscript. The original report April and the other on 20 May. I grant was before that but it is not dated. So it is that lightning can strike twice in the same not nine years later. This is the immediate place and it may be believed that it was an investigation. What I am reading now is the accident or a coincidence, but is it not document tabled in the Chamber. Here is unusual, to say the least, for fires to start in the contemporary police report- the same place within such a short time? "He is quite definite that it was locked securely. I am of the opinion that the Take the first fire. The investigating lad Gilliland did in fact securely lock police, when trying to discover what had the room on that occasion. He informed started it, found some paper rolled up. Who me that he had previously locked the room rolled it up? It was charred paper rolled on many occasions and always made sure up in the way a person would roll paper to start a fire. that same was locked securely. He is a truthful and efficient lad and I have no On the second occasion-the occasion reason to believe that he was careless on which was rather more successful-it was this occasion." quite obvious that there had been in a part The matter was investigated fairly care­ of the room an area of intense heat which fully. So far as the police could gather, had started off the blaze. There was an the evidence was that the door was locked. empty turpentine tin, which provided an If one believes that, one sees that the person obvious explanation of what caused this area who entered and lit the fire had to have of intense heat. a key. Colston was the only person who had a key. So I ask all honourable members: what do they think? Do they really believe that At this stage in the argument, at least these two fires started by accident? If they we should each ask ourselves, "Where was did not start by accident, who started them? Colston?" What was the evidence on that How did the person who lit the fire get into point? A witness, Mr. Poulsen, saw lights the room? We know that there was no sign on at the school at 8.30 p.m. that night. of forcible entry. The police had a very When questioned, Colston admitted that he good look at that. The lock not only showed was in fact at the school that night. When, then, did the fire start? The fire was seen no marks on it but it was a particular type to be blazing at a time which, on recon­ of lock that, once forced, could not be used again. struction, seems to be about 9.40 p.m. Cer­ tainly the witness who saw it went and rang So the question we have to ask ourselves the police, and that phone call was received is this: How did the person who lit that fire at 10 p.m. Working back from that 10 p.m. get in? The door could have been left open phone call, it seems that the fire was blazing and that is how he could have got in. But at about 9.40 p.m. if the door was not left open-if it was Now, where was Colston? He denied locked-the only way he could get in was that the fire was burning at the time he with the key, and of course Colston was the left the school. Apparently he arrived home only man with a key. Was the door then at about 9.45 p.m. The school was only locked or was it left open at the time when a short distance away--only a couple of the person who lit that fire entered the room? miles. If he got home at 9.45 p.m., he This is the vital question. would have left the school at about 9.40 p.m., at a time when the fire was blazing. A 14-year-old boy whose job it was to But he says that everything was all right lock this room each day said that he locked when he left. Asked when he left, he said it. . He was carefully questioned by the that he left at 9.15. When asked how it police and the report contains this passage- was that if he left at 9.15 he did not "! questioned Alan Robert Gilliland, get home till 9.45, he answered that he 14 years of age, a pupil at the school, in happened to have a puncture that night, the presence of Colston, and the lad and that is what held him up. That was the Gi!liland informed me that at about explanation that he gave to the police officer. 4 p.m. on the 24th April, 1962, he had Why did he do it? It is not for us to placed certain sporting equipment in the say why he did it. The police report states­ room and had then locked the lock on "Inquiries showed he was most unhappy the door. When further questioned here at the school and had tried to obtain Gi!li~and stated that he had placed the a transfer without success." key m the lock, and had turned it to lock the lock, withdrew the key and then gave The woman with whom he boarded advised the lock 'a tug' to make sure the same the investigating officer that while there he was locked. He is quite definite that it was would be up at all hours of the night pacing locked securely. I am of the opinion--" backwards and forwards in his room. This, said his landlady, was just prior to the Mr. Burns: This is nine years after the fire. He was disturbed, unhappy, and he event? used to pace up and down in his room. He Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 405

also told his landlady that he hated school­ a man an ordinary job is one thing, but teaching, and the sooner he got out the appointing him to the Senate is quite another. better. So the honourable member for Belmont when That is the material on which the police confronted with this material-not gossip, as officers wrote their report. It is the material the honourable member for Archerfield that came into the hands of the honourable says-came into the Chamber and made a member for Belmont, and he had to make speech. It would have been quite obvious a decision as to what he would do. Should to anyone seeing him make the speech last he sit in his place and say nothing about week that he was under great stress and it? It has been said repeatedly that Dr. that it was the last thing he wanted to do. Colston must be innocent because there was But he did it. Whether this material would no prosecution. So what? If Colston was satisfy the honourable member for Archer­ unhappy and temperamentally disturbed out field or the Leader of the Opposition is at that school, he would not have been another point. The point that I am making the first person who was lonely and anxious is that it was grossly unfair of the Press and when posted to a remote country school. the Opposition to make the accusations about He was a young man. The police inspector the honesty and sincerity of the honourable could well have taken the view that, in member for Belmont that they did. transferring him back to Brisbane after That brings me to our problem today. a couple of weeks, the Education Department In May 1974 the A.L.P. succeeded in filling took this young teacher out of this situation four places in the Senate and what we and he could have said, "Well, so what? have to do today is decide who is to replace The situation has been dealt with. Why the late Senator Milliner. We have to do should I put this 14-year-old lad through the the right thing for the people of Queensland, ordeal of a lengthy cross-examination before including those people who voted for the a magistrate and before a judge and jury?" A.LP. candidates in the last Senate election. This would have occurred because the whole If Parliament does not put forward some­ case would have depended on the evidence of body who is capable of representing their that lad being believed, and being believed views, the Queenslanders who voted for beyond a reasonable doubt. Senator Milliner will be disfranchised. I think it is as simple as that, and there is It is one thing to require that before we no doubt in my mind that, merely because a put a man in gaol we must be satisfied of Government has a majority, it is not relieved his guilt beyond a reasonable doubt, but of its responsibility to look after the interests it is quite another thing to decide what we of the minority. Alexander Hamilton stated should be satisfied of before we give a these problems a couple of hundred years man a highly responsible job in this country. ago. Although the solution may not always If one employed a man and had good evid­ be clear, the analysis of the problem remains ence to suggest that he had been disloyal the same. or dishonest, would one wait until he had been prosecuted and sent to gaol before decid­ There is no doubt that both the Govern­ ing to sack him, or would one simply take ment parties want to appoint a Labor man the common-sense point of view and, if there to represent the group of people who voted were good reason for believing that he was for Bert Milliner, and that is what will be unsatisfactory and had done something done. But on this occasion the Premier wrong, just give him the sack? If one is made a request that the Parliament be given deciding whether to employ a new man, does a choice, and the fact that a similar request one have to be satisfied he has a criminal has not been made very frequently in the conviction before knocking him back? One past does not alter the fact that, the request simply says, "I am not fully satisfied that having been made-a request that seems to this is the sort of man for this job, and me to be a reasonable one--it is only even though he does not have a criminal reasonable for the A.L.P. to comply with conviction recorded against him, if there is it. The A.L.P. has refused to comply with evidence which shows that he is unsatis­ it. So honourable members are now faced factory, I will not appoint him." with the difficult position that if they want to send a card-carrying member of the Mr. Houston: He was appointed by the A.L.P. to Canberra-somebody who will be Government on many occasions. part of that party, somebody who will get Mr. GREENWOOD: Yes, but this Parlia­ the party whip, somebody who will adequately ment has another job to do. This Parlia­ represent the people who voted for Bert ment has to decide whether to send this Milliner-the only person they have before man to Canberra to one of the most import­ them is Dr. Colston, and there are, at ant offices in the country. This Parliament least in the minds of some people, some has a duty to the Australian people and, doubts that are still unresolved. more importantly, to the Queensland people, That is the situation that the A.L.P. has to be satisfied that this is a suitable man put us into, Mr. Speaker. All of us would for the job. This is quite different from have much preferred that the A.L.P. give giving a man another chance in the Education us a panel of names-a choice of men it Department or deciding that the alleged was prepared to endorse-but it has not done offence is so far in the background that it that. Therefore, when the time comes should not be taken into account. Giving to vote, honourable members are going to 406 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia have to make up their minds whether, despite be the first barrister who has stood up before the unresolved doubts about Dr. Colston, a court-and this is the highest court in the they will vote for him because he is the land-without a decent case, without a judge only card-carrying member of the A.L.P. or jury, and condemned someone in his who can be sent to Canberra, or whether absence. they will vote for Mr. Field, whose A.L.P. Mr. Houston: We couldn't cross-examine credentials make him eminently suitable for any witness. the job and whose only disadvantage is that, because he has come forward in this Mr. J"ONES: No. There was no evidence way, the rules of the A.L.P. will immediately given. make it impdssible for him to continue to I pay tribute to Bertie Milliner, who was a be a financial member. That is the prob­ fine bloke and a man of principle. I doubly lem. It is a problem that has been brought regret the paradox that it was his death about by what I would submit is an unreas­ which gave rise to the opportunity to smear onable attitude on the part of the A.L.P. one of his colleagues under the privilege of It is a matter on which honourable mem­ Parliament. bers will have to vote according to their I now wish to comment on the interesting conscience. For my part, at this time I exercise in which we are engaged as mem­ am afraid I cannot vote for Dr. Colston. bers of the Queensland Legislative Assembly. Whether I will vote for the other candidate In cross-fire across the Chamber the honour­ is another matter. I think it is important able member for Everton said that we will that the matter be resolved quickly so that be getting back to the rule of the gun, and somebody may be sent to Canberra; but I that it would be the law of the machine-gun do hope that the man who is sent happens that would decide these things in the future. to be a current member of the A.L.P. I agree with him. If the situation of today and last Wednesday prevails we will be Mr. J"ONES (Cairns) (4.24 p.m.): I creating a very dangerous precedent. It is support the nomination of Dr. Mal Colston very easy for the status quo to be upset by by the Parliamentary Labor Party and the the law of the jungle, as espoused by Australian Labor Party. I also share the Government members. It is true that mem­ concern expressed by the Deputy Premier bers of the A.L.P. did have an opportunity about the way in which the debate is pro­ to consider the matter. We remain consistent ceeding. with principle and tradition. If honourable During the earlier debate last Wednesday, members opposite want to hold the power somebody mentioned the quotation-! think in the Senate so desperately, the next thing it was the honourable member for Everton they might advocate is that someone go into -"Those who do not learn from history another State and knock off a couple of are doomed to repeat it." Honourable mem­ senators. We are confronted with a very bers have a clear obligation on this occasion dangerous situation. Honourable members not to create a dangerous precedent. As opposite would need to make sure that, when elected members of the Legislative Assembly they bribe or corrupt people, those people of Queensland, we should forget the prattle are not of their political colour and ~hat they and get down to the job that has fallen to are in a State where their own party holds our lot this afternoon. Irrespective of our the State Legislature. political viewpoint, I do not think that parlia­ A Government Member: What about Vince mentary democracy is a matter for individual Gair? temperament or decision. I heard a lot of hogwash from some honourable members Mr. J"ONES: I agree that that was an today and last Wednesday afternoon. Most unsavoury situation, but it arose not from of it was provoked by the repugnant sub­ the actions of a State Parliament. The mission of the honourable member for Bel­ decision as to who would replace him was mont. It was a despicable submission. I made by the people of Queensland and the am ashamed to be associated with such people of Australia. members in this House. I regret it; I The Premier has referred to the election deplore it. It was a foul approach; it was of Mr. Lonergan as Speaker of this Parlia­ a shabby and unchristian act. ment. Honourable members must not forget I do not support what I have just heard that he was nominated by two members of from the honourable member for Ashgrove, his own party, Mr. Bird and Mr. Armstrong. who misused the privilege of the House in a The Opposition did not nominate him. Perry Mason smokescreen of allegations as the devil's advocate against one of the can­ This afternoon Government members didates. There are too many imponderables should be careful in deciding which nominee in the thing. It is antique. It is of 1962 they will vote for. They can, in effect, vintage. Honourable members can choose guarantee power because they have whether they hire that devil's advocate to the numbers, but if they do so I leave defend or prosecute them. The honourable to them to speculate on what the outcome member for Belmont has the right to have will be. If they do not vote for the Opposi­ him prosecute or defend him outside the tion's nominee, they will be setting a danger­ House for the correct fee. Whether or not ous precedent. There are only 11 members he will lose the case remains to be seen. in Opposition, and we can give only 11 votes The honourable member for Ashgrove would to Dr. Mal Colston. If he is not selected as Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 407

the replacement senator, it is the Govern­ tested by their action today. I ask them to ment members who will have to live with remember what they are putting at peril. Let their conscience. The responsibility for pro­ them remember their hopes and ideals as tecting the system of replacing senators rests new members and exercise a spirit of com­ on the shoulders of Government members. promise in this Assembly this afternoon. I Again I warn them to take care when called visualise hideous consequences if we witness upon to vote. this afternoon blind, fierce hatred of a The Westminster system contains certain political party. The example set this after­ basic safeguards and its procedures have been noon could well arouse some concealed followed for hundreds of years. The dis­ elements in the community which are dan­ cipline of tolerance has protected its gerous to our democratic system. I warn foundation and progress, and it has success­ Government members to think very carefully fully endmed for centuries. before voting. If they allow these things to surface, I believe that they can only be Do Government members in this Chamber regarded as guilty parties. The full effect of pay dubious allegiance to a course of action their actions today will not be felt immedi­ that can befoul the concepts and threaten the ately, but they will be reflected in our smooth working of not only the Westminster society at a later stage. system but our Federation and Constitution as well? I urge responsible Government At another time I would not mind Govern­ members to heed my warning and to remem­ ment members fighting their political causes ber the threat that hangs on the decision with all the natural inclinations they possess, they arrive at today. and all the strength they desire; but this afternoon let them exercise tolerance and If this Parliament does not select Dr. Mal thought for the system we operate under. I Colston, it is heralding a new era of dog grant Government members the right to eat dog. It will be throwing convention to differ by all means, and I will do that with the wind, and the devil take the hindmost. good humour in a political situation. I wish Anyone who happens to be a senator will that it could always be done in that way. On need to keep his powder dry. I repeat what most occasions politics generate heat but, I said by way of interjection last Wednesday; today, politics have no place in this no senator will be able to rest peacefully in Assembly. The principles of democracy­ his bed if convention is not followed. It of our Westminster system-are at stake. would take only one political crank to break Political causes are not always a certain loose in order to even things up, if he does road to martyrdom, and I believe that no one subscribe to the policies enunciated by the here has any false ideas about that. party possessing power in the State sphere. Government members may believe what I Can he be blamed for his thinking that they say about opening the path to bribery and support his actions? The answer is no. corruption, or even assassination, while some Government members would be the ones of them may say that I am being extreme. to blame. If they do not vote for Dr. But I wish to emphasise the extremes that Colston today, their actions will lead to could arise from this afternoon's situation as warfare. Do they want the law of the jungle, a result of the desperation that somebody the law of the gun? Let them consider may feel or the stupidity which may prevail carefully their actions this afternoon. If if care and caution are not exercised. they throw convention to the wind, the pro­ Because Australia has been spared terror, we tection inherent in the long-enduring West­ should not be too smug about it. We should minster system will be of little use. They count the reasons that have helped us to should think twice before they shoot that avoid the horrifying excesses which could be protection to pieces merely for the sake of a consequence of certain action. We should expediency. They will be the guilty ones always remember that we are in a fortunate and they will have to suffer the consequences. position thanks to understanding, tolerance All the Opposition wants this afternoon is and compromise. fair play and justice. I am not as concerned We are all Australians, and a sense of about the decision made this afternoon as justice and fair play is inherent in all of us. I am about its possible consequences. I, like Government members should be sure of what others, can remember what has happened. they are doing. We of the A.L.P. do not have Sir Bruce Small: You are terrifying us. the numbers and this Parliament has to make a decision this afternoon. If the Government Mr. JONES: I do not mean to terrify any­ makes a wrong decision, ,the blame will lie one. If Government members can live with on its shoulders. I do not face with any their consciences after voting against Dr. eagerness the prospects flowing from a wrong Mal Colston, they should remember that decision today. I believe

Australia confers on the Queensland Parlia­ employment of the service of the Govern­ ment, as it does on all other State Parlia­ ment, the Chairman of the Public Service ments in the event of the death of a senator, Board would have drawn that to my attention or a Senate seat becoming vacant for any when he made the recommendation for this other reason, the responsibility of appointing appointment. For 13 months Dr. Colston a replacement senator. It is a responsibility was an employee of the Department of which is unique, a responsibility which is Labour Relations. He then transferred to heavy. In contrast, when a similar situation the Department of Main Roads, from which occurs in the House of Representatives, the he resigned in order to qualify for this people in the electorate concerned elect the nomination. replacement representative; it is left to the The only other thing that I want to say is electors to decide. that, as representatives of our electorates, we In this situation this Parliament stands as have an obligation to face up to the respon­ proxy for the electors of Queensland. We sibilities before us today and to cast our as elected representatives are delegates of votes in accordance with our judgment. Some the people of Queensland. We are acting people call it conscience. I shall be casting on behalf of our electors. I am not acting my vote in accordance with my judgment. at the behest of the president or the execu­ I would find it rather difficult to understand tive of my party in this matter. I have the action of any member who walks away regard for the observations or decisions of from a vote when this position arises. I the executive of my party. repeat that when it is time to vote, I shall In this particular case-and this one case be casting my vote for the Australian Labor only because this is the only opportunity Party nominee, Dr. Colston. when the Parliament of Queensland meets Mr. CHINCHEN (Mt. Gravatt) (4.46 p.m.): in this somewhat informal atmosphere-in Today we have heard a number of speakers, discharging what I believe to be my some of whom endeavoured to express their responsibility to the electors of Aspley, l position in terms of self-justification and have taken as I usually do a sample-and a some spoke about conventions. We even fairly broad sample, if I may say so­ heard about the Westminster system applying of the opinions of those whom I represent. in this case, which is, of course, a lot of As a result of that survey I am satisfied nonsense. If a member leaves the House of that I will be acting on behalf of my elec­ Lords, what is happening here does not torate when I vote for the nominee of the follow. The procedure that we are now going Australian Labor Party to succeed the late through takes place only in Australia. So Senator Bertie Milliner. I will be voting for let us please get back onto a sensible basis. Dr. Colston as the duly elected representative of the Australian Labor Party to fill the The honourable member for Townsville vacancy. On two occasions he has been South reached the stage of asking "What before the electorate and has received a is the issue before us?" His own verbosity very considerable number of third preference and flights of fancy then carried him away, votes. and he did not tell us what the real issue is. When I vote for Dr. Colston I will not What is the convention that today is being be making any observations and I will used for self-justification? What is it all not be making any judgment on the policies about? Where does the convention start, and of his party-policies which, since 2 Decem­ where does it finish? Can it be changed? ber 1972, have shown what a tragedy it can Why is it so important? be in this country to have an Australian There were in fact letters exchan.ged Labor Party in command of the Treasury between Premiers 25 years ago because in benches. So when I vote for Dr. Colston those days the A.L.P. was a pro-Australian I am not in any shape or form endorsing party, and the various Premiers had faith in the policies of the party to which he belongs; one another. But it is a new ball game today. I am voting for him because I firmly believe, The Australian Labor Party is now a party first of all, that the convention that has on which very few people in Australia would existed down through the years is one which place any reliance. Why then should we be we should observe and, secondly, because bound by a convention that started 25 years he is the nominee of the Australian Labor ago? The whole situation is ridiculous. Today Party. I am not able to support the alterna­ we have an A.L.P. that has shown time and tive nominee. By now, for reasons best time again that it is un-Australian. It has known to himself he has opted out of the formed alliances and friendships with party which he served so faithfully and well countries that are totally foreign to Aus­ for so many years; and I do not cast any tralia, and it has produced a spirit of judgment on that particular matter. animosity between this country and countries On 8 July 1974 I took an Executive Minute that have been our great friends over the to Cabinet appointing Dr. Colston to the centuries. As I have already said, it is a Department of Labour Relations. That different ball game entirely today, and I am Executive Minute was supported by a minute not for one moment bound by a few letters from the Public Service Board. I should that passed between Premiers in the old days imagine that, if this nominee had any when the A.L.P. could be relied on to pro­ deficiencies in his character which would duce a person of the type expected for the render him unfit to be continued in the important position of senator. Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 409

If the A.L.P.-or, rather, the Q.C.E.­ some sort of political crisis, since the r.ominated a Communist, would those who World Peace Council is a principal, and say that this convention is important and quite unabashed, Russian vehicle for pro­ must be followed say that he must be paganda in non-Communist countries. accepted? That is in effect what they are "The claim was made in a July issue saying. They say "Whoever you produce on of the Russian weekly magazine, New the next occasion, we will send him to Times, by Mr. Romesh Chandra, secre­ Canberra." In other words, they are negating tary-general of the World Peace Council, the responsibility of this Parliament and who visited Australia last September. The handing the responsibility over to the Q.C.E. magazine is published in eight languages The Constitution provides that this Parliament and has a big international distribution. will choose a senator, and I am not one who "The association of Dr. J. F. Cairns agrees that it should negate its responsibilities. with the World Peace Council has long It is for this reason that our Premier, been known and the Congress for Inter­ rightly, I feel, asked for nominations­ national Co-operation and Disarmament, of because of this lingering doubt about the which he is president, arranged the pub­ nominations that would come forward. We licity for Mr. Romesh Chandra and other all agree that the replacement should be an members of the World Peace Council, A.L.P. man-nobody in this Chamber would which included Mr. Vikenty Matavyev, a argue against that-but there was this feeling Lenin Peace Prize winner and Izvestia that Bart Lourigan or some A.L.P. instru­ commentator, when they visited Melbourne. mentality would propose an unsuitable "It is an absolute surprise, however, nominee, a person who is not pro-Australian. that so many other Australian Cabinet In my opinion this has not happened on Ministers are members of the council, this occasion, but I believe if we approve which is believed to number about 500. the one nomination that has been made we The precise number and identity of this as a Parliament are offering the Q.C.E. the small inner ring of 'peace' workers has right to nominate anyone for this vacancy hitherto been a close secret. and agreeing automatically to endorse that nomination. I will not be a party to that "For the past 26 years, when it was practice and that is why I will not vote formed under instruction from the Comin­ for the nominee. It is not because of the form, the World Peace Council has been quality of the nominee but because of this among the most active Russian Communist attempt to streamline the system and bypass fronts." this Parliament. This is the body to which senior A.L.P. people belong and yet we are expected to The elected representatives of this State conform to a convention and endorse with­ are being bypassed and are being asked to out query a man sent through the A.L.P. rubber-stamp whatever the Q.C.E. decides. pipeline to us without choice. The Leader of the Opposition said this very thing-"You will get one name and one I will not negate my parliamentary respon­ name only." We know exactly where the sibility and accept the dictates of the Q.C.E. A.L.P. is heading today. We know how If the A.L.P. had put forward the best man un-Australian it is. Members of the Labor in the world I would not accept him until Government show this by their defiance of such time as this Parliament was given a the Constitution, their denial of State rights, choice. I have no faith in the A.L.P. by their not allowing America to build a machinery today. It is not the party it was naval base in the Indian Ocean and by not 25 years ago. It is now a party working going to the help of the Timorese. They for other than Australian interests. I want hope that the Communists will take over to make it quite clear that in this situation there and, if they do, they will go in and I am not voting for personalities but on say, "Yes, we will send you food and help the basis that I believe it is our responsibility all we can." to elect a senator and not the responsibility of the Q.C.E. to shoot a person to us This is the A.L.P. that says, "You will without allowing us to have a say in the_ take the man we nominate, you will endorse matter. I hope that from now on my position him" (not choose him) "and he will be the will be quite clear. State's senator." To show the situation as it exists today, I would like with your per­ Mr. MILLER (Ithaca) (4.55 p.m.): The mission, Mr. Speaker, to quote from "The honourable member for Nudgee made one or Courier Mail" of 14 August a typical two statements that I believe were incor­ example of where the A.L.P. is heading. rect, and I shall tell the Assembly why. It reads- First, he said that we are responsible to "The World Peace Council claims that the people-! agree with that-and then he half the members of the Whitlam Cabinet gave the impression that the people have are members." indicated that they want Dr. Colston to These are A.L.P. men in the highest elected represent the State of Queensland in the positions in Australia, the Canberra Cabinet. Senate. If one goes back to the details of the polling at the last Senate election, one The article continues- sees that Dr. Colston polled very badly "In earlier days, an announcement like indeed; in fact, he polled only 816 primary this would have been sufficient to promote votes. Everybody, including the Leader of 410 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

the Opposition, will agree that the Senate intend to quote from the Constitution because version of proportional representation is I believe that people outside the Chamber inclined to cater for the larger parties. Dr. who read "Hansard", not only those who Colston was beaten by three independent are listening here today, should be well candidates who wished to represent Queens­ aware that Parliament is not obliged to land in the Senate. I could understand his accept a nomination that is put forward by being beaten by the Liberal Party or the Bart Lourigan or the Queensland Central National Party candidates in a straight-out Executive of the A.L.P. Honourable members contest; but when independent candidates have to choose in this Chamber the person poll more heavily than Dr. Colston, I question who will fill the vacancy. very much whether the people of Queensland The honourable member for Aspiey said do want Dr. Colston to represent them in that we stand here as proxies for the people the Senate. Virtually every Senate election of Queensland, and I believe that we do. before the last one has been between What does the Constitution of Australia say? candidates representing the major parties; independent candidates have never polled It says- well. I repeat that in the last Senate "If the place of a senator becomes election three independent candidates were vacant before the expiration of his term well and truly in front of Dr. Colston on of service the House of Parliament of the the primary count. That is the first point State for ~hich he was chosen shall, sitting that I wish to make and on which I take and voting together, choose a person to issue with the honourable member for hold the place until the expiration of the Nudgee. term, or until the election of a successor as Secondly, the honourable member quoted hereinafter provided, whichever first from "Hansard" for the 1970-71 session, happens." but he did not quote the whole of the The operative word there is "choose". I do passage. He certainly did not quote the not think we have been given an opportunity pertinent part that I think he should have by the A.L.P. to choose a person to represent put before honourable members in this the State of Queensland. I am very dis­ debate. Sir Gordon Chalk made it very appointed that the Leader of the Opposition clear on that occasion that the Opposition decided to go along with the Q.C.E., and put could have a choice if it wanted one. I only one name forward. It is a well-known shall quote from "Hansard" because I want fact that there is a Left Wing and a Right the people to read what to me is the pertin­ Wing within the A.L.P. I would expect the ent part of the debate on the selection of A.L.P. to pay Parliament the courtesy of a Senate candidate in this Chamber in 1971. giving us at least two names to choose Sir Gordon Chalk said- from. We might want to choose a Left-wing "One or two interjections were made member of the A.L.P.; we might want to during my reference to the basis on which choose a Right-wing member of the A.L.P. Mr. Banner was selected to the effect that But we have not been given that opportunity. there should have been more than one I repeat that that opportunity was given nomination. The Government gave the to the A.L.P. in 1971. On that occasion it Opposition an opportunity to nominate a was politically astute for the A.L.P. to go second person if it so desired. A letter along with Mr. Banner's nomination, because was written to the Leader of the Opposi­ he was an Aborigine. I wonder what would tion giving him that opportunity if he have occurred if somebody else had been desired to take advantage of it. I believe nominated by the Liberal Party. There that the silence of Opposition members in were interjections at the time, as Sir Gordon this Chamber this morning indicates that Chalk commented in his reply. One I can they are desirous of supporting Mr. Banner's nomination." remember was by a front-bench member of the A.L.P., Mr. Peter Wood, the then Mr. Burns: There was only one nomination member for Toowoomba East. He inter­ then. We have not changed our attitude. jected, "Why didn't you give us a choice?" The A.L.P. likes to have a choice. It was Mr. MILLER: The Opposition was given proved then and it was proved in 1972 when the opportunity of nominating another person the Speaker was elected. Quite frankly, I if it was not in favour of the one person believe in having a choice. I go along with put forward by the Liberal Party. That that, but I do try to be consistent, too. I am opportunity has not been given to honourable not going to change my thoughts for political members on this side of the Chamber by expediency. the A.L.P. on this occasion. Mr. Melloy: Did you protest when the Some of us on this side have tried to Liberal Party put up only one candidate? be consistent in our attitude in this Assembly. When the A.L.P. wanted a choice in the Mr. MILLER: I most certainly did not. appointment of the Speaker of this Assembly, We knew that the Leader of the Opposition it was supported by many honourable mem­ had received a letter from the Liberal Party, bers on the Government side of the Chamber pointing out that we were going to nominate who believed that there should be a choice. Mr. Banner, and giving the A.L.P. an oppor­ But the Constitution Act states that the tunity, if it so desired, to nominate some­ Queensland Parliament will choose, and I body else. If the honourable member wants Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 411

me to, I will quote what Sir Gordon Chalk the right to make a choice. I deeply regret said. In 1971 he made it quite clear that the action of the Leader of the Opposition if the Opposition was not satisfied with Mr. in not giving us this right. Banner, he would submit a panel of names. As other members wish to speak to this Mr. Melloy: That was not said at all. debate, I shall conclude by saying that I hope the Government of Queensland will Mr. MILLER: I will quote the paragraph set a precedent that can be followed in I am referring to. Sir Gordon Chalk said- future on the occasion of the selection of a "There is the history of a previous senator. I hope that the matter will be simiiar occasion, when only one candidate settled once and for all so that there can was nominated. The meeting saw fit to be no argument one way or the other. I refuse to accept that nomination, and there understand that in the near future Senator was a request that Parliament be given a Lawrie and Senator Wood, one from the choice. Consequently, on this occasion the National Party and the other from the Government has followed exactly the same Liberal Party, will be retiring. I hope that procedure that was followed previously. If when they retire the Queensland Government Opposition members desire to vote against comes forward and says to the Opposition, Mr. Banner's nomination, they have the "We are giving you a choice." If it does, right to do so. If the meeting declined it will set a precedent that could be followed Mr. Banner's nomination, I say on behalf for all time. of the Government that we would follow the practice previously followed of asking Mrs. KYBURZ (Salisbury) (5.7 p.m.): I that a choice be given." rise to participate in this debate because I want to state the stand that some of us who I refer the honourable member to "Hansard," are middle-of-the-road at the present time volume 256, at page 3743. He said that the will now be taking. Last week there were ALP. could have that choice if it wanted it. many of us who, as a matter of conscience, A number of people last week indicated to felt that we could not vote for someone the A.L.P. that we wanted a choice. nominated by the Australian Labor Party. Mr. Bums: interjected. It was as simple as that, and had nothing to do with the man-what he stood for or his Mr. SPEAKER: Order! background. However, I thought it was quite deplorable to see the way in which a Govern­ Mr. MILLER: We indicated last week that ment member has been pilloried-if that is we wanted a choice. We do not see the same the word-by the Press, by the Opposition democratic action on the part of the A.L.P. and even by members of his own party. Mr. Bums interjected. He stated his case as dictated by his con­ science. At that time I agreed with him. Mr. MILLER: The media have not been I may not have agreed to dragging out in very kind to the Government at all. front of Parliament a man's past, and I still Mr. Burns: You have ducked the question do not agree to it, because all of us have again. made mistakes. Let's face it; if political muck-raking really starts, there will not be Mr. MILLER: The Leader of the Opposi­ many of us left here, because some members tion says that I have ducked the question. are so old that they've just got to have a I have never ducked a question asked by the dirty past. Leader of the Opposition in my time here in Parliament, but I am making this speech Mr. DEAN: I rise to a point of order. and I will certainly-- I take strong exception to the honourable member's remark. If she has a dirty past, Mr. Bums interjected. she is certainly not going to claim I have Mr. SPEAKER: Order! one. I am beyond reproach. Mr. SPEAKER: Order! I ask the honour­ Mr. MILLER: We are told we have to able member for Salisbury to accept the stick to tradition. Who created this tradition? denial of the honourable member for Sand­ That's what I would like to know! I do not gate. believe for one moment that I have to go along with tradition because somebody way Mrs. KYBURZ: I accept the member's back decided to create a precedent. There is denial. I suggest, however, that this morning nothing in the Constitution that says we have he did not clean out his ears; I said "some" to. The Constitution says that we will choose. members. It does not say that the choice will be a To continue-the whole issue has changed member of a political party. Although it is within this week, during which we have seen not in the Constitution, I am prepared to go this man Colston become a martyr. This has along with the convention ,that we should elect occurred perhaps because we have helped a representative of the same political party, him become one. Many of us-I was one­ because it is not spelt out in the Constitutional did not know which was the right stand to Act who should actually replace a deceased take last week. I thought I was doing the senator. The Constitution states quite right thing in voting the way I did. I now distinctly, however, that Parliament will know that I did the wrong thing, and there­ choose, and therefore I reserve to myself fore today I have changed my mind. 412 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

I think the public are tired of members of Reference was made in the debate to the Parliament manipulating situations simply to fact that we would bring about a state of suit their own purposes. That is precisely anarchy if we disregarded the convention of why the Australian people have turned electing a person of the same political party against the Federal Government, which as the deceased senator. What absolUJte without doubt, manipulates situations, people, twaddle! There is almost anarchy in Aus­ occasions, economies and resources-! could tralia now; there is almost anarchy in every go on and on. However, I do not see that it facet of the community. To think that a is up to us to join the Federal Government member of Parliament would stand up here in its horrible vote, which is a step to what and rave on as the honourable member for I would call insanity. Townsville South did, about occurrences in Some of the emotionalism in the debate Canberra and regard them as having any last week and today-particularly as it was part in this debate absolutely shocked me. I know him. I am a new member and for expressed in the speech of the honourable heaven's sake he is going to say, "You have member for Archerfield-shocked me. His pompous, virginal stand made my heart fairly an empty head but a loud mouth." Well, I say the same thing to him. What he said bleed. He should be the last one to adopt had nothing whatsoever to do with the debate. the absolutely pompous stand that he took. He would be precisely the one to use the Mr. Aikens: If the honourable member tactics that he ran down. Without doubt we for Salisbury would take the plum out of will see that in the next three years. her mouth, we might be able to understand I deplore the fact that we on the Govern­ what she is saying. ment side have been asked-in the past, coerced; and today, invited-to use this Mrs. KYBURZ: Is this a point of order? opportunity for political opportunism in vot­ Mr. SPEAKER: Order! ing for a man other than the one put forward by the Australian Labor Party. We should Mrs. KYBURZ: I advise the honourable consider whether we are doing the right member for Townsvil!e South to address the thing by the other gentleman. Are we doing Chair instead of undressing other honour­ the right thing in bringing him before the able members. public as our opponent to Dr. Colston? I do not believe that we are. I think we are Mr. AIKENS: Mr. Speaker-- treating him very shabbily. In fact, I think Mrs. KYBURZ: Is this a point of order? we have done the wrong thing by ourselves in this matter of choice. Last week we Mr. SPEAKER: Order! There is a point should have voted for Dr. Colston because, of order. after all, it is the people of Queensland who should do the choosing. We should not put Mr. AIKENS: The honourable member for ourselves up on a pedestal and say, "We are Salisbury has made a rather scurrilous sug­ going to choose the person." <>estion about me. She said I tried to undress The circumstances of this Senate vacancy honourable members; I have never tried to are very different from those of many that undress her in my life. have occurred in the past. We are replacing Mr. SPEAKER: Order! Senator Milliner because of his untimely death. Dr. Colston's scoring in the last elec­ Mrs. KYBURZ: Fortunately I shall now tion should not come into it. We should be be able to rephrase my statement. Thank looking not at bow he scored, but at how heavens the honourable member for Towns­ Senator Milliner rated in the eyes of the ville South has not tried to undress some public. We should therefore replace him of the members of this Assembly because­ with a man whom the A.L.P. has chosen. I no, I had better not say it; after all, another think it would be best put by saying that we 79 of the members are men too. We all are replacing Senator Milliner with a person know the general opinion of him, and I do chosen by the party to which he belonged. not have to go into it. The fact remains I deeply regret that some Opposition that I object to some of the statements he members made a personal attack on the made about things going on in Canberra honourable member for Belmont. The Press and here. The fact that Federal members of Parliament have come out and berated and all forms of the media, in an emotional those of us who voted with the Government stand, twisted what happened, and therefore last week is neither here nor there and I am the public interest was unkindly guided not taking any notice of what those fellows towards the honourable member. I know had to say. But they do have the right to that his objectives and actions were directed say it, just as I have the right to say this only to the public good. It is not up to us to now. They probably did not go scurrying to judge whether there is truth in what he said. the Press like water-rats; the Press went Probably a court of law should have judged scurrying to them. Let us face it. Wherever that. Part of the responsibility for the posi­ there is a story, that is where they will go. tions Dr. Colston has since held should be taken by the Government and the departments The fact that the State Liberal Party in which he worked. If they employed the man, Executive has decided the way we should they should have looked into his background. vote has nothing to do with what I am Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 413

saying today. We discussed this this morn­ We heard a speech from the honourable ing. We are changing our minds not because member for Townsville South who, incident­ of what anybody else says but because of ally, would have made a very go<>4 senator. what has come up in the meantime. I, too, was approached to nommate for the Senate. This may surprise some mem­ I think we are treating the people of bers. Because I do not want to embarrass Queensland most shabbily and that we are Cabinet Ministers, I do not propose to using our position to manipulate what the mention the names of members who people want. No matter how we look at it, approached me to nominate. I declined whether it is a matter of constitutional con­ nomination, not because I thought I was vention, a matter of choosing a person from unworthy-in fact, I would liven up the a panel or a matter of berating the Labor Senate no end-but because I felt that I Party for its poor handling of Federal issues, have not yet given the people of Murrumba we now have to make a clear decision, the service to which they are entitled in view because we have made a martyr of this man of the confidence that they showed in me and I think we have done very poorly by at the last election, when I received 63 per him. cent of the vote and won by 4,760 votes. I think probably we have overlooked one That was a hell of a belt in the eye for of the main purposes of section 15 of the the A.L.P., because they thought that they Constitution-the idea of replacing a senator would get rid of me. because of a vacancy, no matter what the cause, to preserve the strength of the State's Mr. SPEAKER: Order! The honourable representation in the Senate. Fortunately member will please return to the matter we have 10 senators to represent Queens­ before the meeting. land. Once upon a time some of us had Mr. FRAWLEY: I digressed only for a doubts about the Senate and its validity moment to show the importance with which within the whole framework of government I view this debate, and why I am standing in Australia. But I for one have changed to speak this afternoon. my mind because if we had not had the. Senate this last year, heaven knows what There is no doubt that the overwhelming type of anarchy this whole country would victory at the 1974 State election of the have suffered. We have learned the lesson Liberal and National Parties (it will be the hard way and it has been a bitter way. noticed that I said "Liberal" first in defer­ However, I do urge honourable members ence to my colleagues, because I am a firm to see reason with this appointment. I think believer in the coalition Government) was that we definitely do owe it to ourselves ensured by the fine efforts of the 1972 Gov­ to rethink our stand in regard to these men. ernment and the many coalition Govern­ We should rethink our stand on this poor ments since 1957. gentleman who has been roped in, as it Last week the Leader of the Opposition were, and on the reason why he has been attempted to ram down our throats the roped in. I think that the public will rightly decision of the Q.C.E. by submitting only see our stand simply as political chicanery one nominee for consideration after the and I will not be a part of it. Premier had specifically asked for a panel of three. The Leader of the Opposition Mr. FRAWLEY (Murrumba) (5.21 p.m.): continued in this vein today. He spent This is an historic occasion-one that may considerable time extolling the virtues of well never be repeated in this State. I the Labor nominee and urging Parliament believe that, when the political history of to accept his nomination without question. Queensland is written, a special chapter will In addition to considering the qualities be reserved for this matter. of the nominee, I think it is always prudent The death of Senator Milliner, a man who to consider the qualities of those who earned the respect of many people, including nominate him. Let us therefore look closely me, has left a gap in the Senate that will at the Leader of the Opposition. Since be difficult to fill. In fact, I can think of entering Parliament in 1972, he has shown only three Labor men worthy of considera­ all the qualities that must have endeared tion for filling it. One of them has been him to the radicals and idiots in the A.L.P. mentioned, and I do not want to embarrass today. Well versed in all the low and the other two by mentioning their names at despicable tactics of the A.L.P., he brought present. a new low to debate~ in this Chamber. He certainly lowered the standard of debate At the outset, I should like to warn when he was a back-bencher. As Opposition Opposition members that if they interject on spokesman on health matters, he took on me too much, or give me a rough time, the Minister for Health and, when he found I will belt hell out of them. They have that the Minister was too tough, he chickened already had a pretty good sample of what out and retired to the back bench claiming they are likely to get. I should like to that his home had been robbed on two give a special warning to the honourable occasions by his political opponents. That, member for Rockhampton. If he gives me of course, was a lot of hogwash. any trouble, I shall hypnotise him. You Most of his time as a back-bencher and know how he reacts under hypnosis, Mr. as spokesman on health was spent denigrat­ Speaker. ing the Royal Brisbane Hospital, and in this 414 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

role he was aided and abetted by his stooge as part of the job; yet we cannot even on the hospitals board, Alderman Brian claim contributions to a building fund as a Mellifont, who fed him with information tax deduction. through his pipeline. Since becoming the Leader of the Opposition, he has carried Mr. SPEAKER: Order! The honourable on in that vein. member will come back to the matter before Only recently, in connection with this the Assembly. Senate vacancy, the Leader of the Opposition Mr. FRAWLEY: With all deference to attacked the President of the National Party, you, Mr. Speaker, I was carried away. Mr. Bob Sparkes. He said that Mr. Sparkes had tried to play "vile party politics" with There is no doubt that today the honour­ the vacancy caused by the death of Senator able member for Archerfield read a prepared Milliner. He said that Mr. Sparkes had brief. He did not make one specific contri­ tried to bully Cabinet into delaying a decision bution to the debate other than to read a on its attitude towards the vacancy, and he statement prepared by somebody at the described Mr. Sparkes as a "faceless back­ Trades Hall. He stood up here like a big room boss who dodged the exposure of Trades Hall parrot, or should I say "galah", election but cracked the stockwhip over the and read a statement word for word. He heads of National Party parliamentarians." even put the commas and full stops in the I give the lie to those statements. They wrong places. He has done that for as long are completely untrue, and are designed to as I have known him. mislead the public. The honourable member for Belmont has By attacking Mr. Sparkes, the Leader of been castigated by the Press and by every­ the Opposition proved that he could not-- body around the place, but he is a man who showed the courage of his convictions by Mr. SPEAKER: Order! The honourable standing up in this Chamber and saying member will have to return to the matter what he thought was right. I admire him for under discussion. that. He is not a member of the party to Mr. FRAWLEY: With all due respect, which I belong-he is a member of the Mr. Speaker, this has a bearing on the Liberal Party-but he is a credit to his party Senate vacancy because it shows how the for having the guts to stand up and say what Leader of the Opposition claimed that Mr. he felt he should. Sparkes tried to intimidate the Government I congratulate the honourable member for into submitting a Government nominee who Ashgrove for his contribution. This is his was not even a Labor man. With all due first term in the House. He had enough respect, I will not digress much longer. courage to stand up here today and back the Mr. Wright: Are you arguing with the honourable member for Belmont. He gave Chair? a very lucid description of past events. He certainly opened my eyes with his very clear Mr. FRAWLEY: No, I never argue with presentation of the facts. Before hearing his the Chair. I do not act in that way, and remarks I was floundering in a haze, not when I get out into my electorate I certainly really knowing what to believe; but today do not make statements to my local news­ the very lucid statements of the honourable paper denigrating the Speaker behind his member for Ashgrove have shown what a back and then be called upon in the House brilliant career he would have had at the to apologise to him. It should be borne in Bar had he not become a member of this mind that I never do that. Parliament. Anyone who says he could not Mr. Wright: Who did that? make a living outside this place is an idiot. Mr. FRAWLEY: The honourable member Can anyone imagine some of the old-time for Rockhampton. Labor people behaving the way honourable members opposite are behaving? We are Mr. SPEAKER: Order! The honourable charged here with the very grave respon­ member will come back to the matter before sibility of electing someone to fill the Senate the house. vacanacy. I have no hesitation in recom­ Mr. FRAWLEY: Let us not forget that mending Mr. Field. I know he is a very all Labor politicians are bound by the rules sincere man, dedicated to upholding the of the A.L.P. to obey all directions from the rights of this State. He has been a credit to party. In fact, they even have to kick in the Labor Party for years. 3t per cent of their salary to retain their As honourable members no doubt are endorsement. aware, he has been a member of that party Mr. Katter: How much? for 37 years. If they were not aware of it before, they must be now after listening to Mr. FRAWLEY: Three and a half per cent the Premier read out his qualifications. Dur­ of their salary to retain their endorsement. ing that period Mr. Field has exhibited all Mr. Katter: That is the taxpayers' money. the qualities of such old-time Labor men as Ned Hanlon, Jack Duggan and Bill Mr. FRAWLEY: That's right. It is tax Forgan-Smith-all good, sincere men who deductible because it is an expense incurred were a credit to the Labor Party. They had Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 415 the confidence of the people of Queensland. did nominate against other people in an Some of the Labor men here today would endeavour to become an alderman and a do well to emulate their deeds. member of State Parliament, and on each occasion he was unsuccessful. It is the Mr. SPEAKER: Order! The honourable right of every member of a political party member must come back to the matter before to stand for selection as that party's can­ the Chamber. didate. I have no fight with Mr. Field for Mr. FRAWLEY: I will. nominating, but I think it is quite clear that the members of the party rejected him Mr. SPEAKER: If you don't come back to both by open plebiscite and by selection. it, I will have to ask you to resume your seat. It is also true that he had the opportunity to nominate on several occasions as a can­ Mr. FRAWLEY: The whole furore today didate for the Senate. If he is keen to go has been caused by the actions of the to the Senate, he had an opportunity to Federal Government, dating right back to submit himself for selection by the A.L.P. 1972. To the best of my knowledge, he did not nominate on recent occasions. He certainly Mr. SPEAKER: Order! We are dealing did not nominate on the last occasion, and with the appointment of someone to fill a his nomination certainly did not come before vacancy in the Senate. the selection committee at the electoral col­ Mr. FRAWLEY: Yes, Mr. Speaker, but leges that I attended. with respect, I would like to point out that Mr. Wright: Did he nominate more it is the Federal Government that has caused recently when this vacancy occurred? the problems we face today. But for the actions of the Federal Government, we would Mr. HOUSTON: He definitely did not have no hesitation in electing a Labor nominate on the last occasion or on the nominee-! would not, at any rate-but we previous two occasions although it was his have to be very careful. We cannot allow right to do so. As I said, I was a member any man to go down and take a place in of the electoral college. the Senate who does not have the rights of It is my free choice as a citizen to join Queenslanders at heart. a political party, just as it is the right of honourable members opposite to join the Mr. Katter: What about Georges? They political party of their choice. As to cur­ sent him down. rent membership of the A.L.P.-Mr. Field Mr. FRAWLEY: When Senator Georges by paying his membership fees for this year was treasurer of the Rugby Union-- and signing the membership endorsement undertook to do certain things, one of which Mr. SPEAKER: Order! The honourable was to abide by the rules and the constitution member will address the Chair. of the party. Mr. Lindsay: What were the other things Mr. FRAWLEY: I will not continue much he undertook? longer; I know other honourable members want the opportunity to speak. Mr. HOUSTON: The rules and constitution I firmly support the actions of the Premier cover all of them. If the honourable member and the Government. I make no bones about for Everton has not read the rules and the fact that I will vote for the Premier's constitution of the A.L.P., which are available nominee, Mr. Fields, and nobody else-and to the public, I suggest that he goes to the to hell with anybody who does not like it. library and reads them. It would be much cheaper for both of us if he did that, because Mr. HOUSTON (Bulimba) (5.30 p.m.): I I do not like wasting money in providing wish to put the record straight on two or documents that someone is not prepared to three points that I think I know something read. about. Let me deal first with Mr. Field. Mr. Field has nominated for the Senate I regret that Mr. Paddy Field has submitted vacancy. I assume that he knew the rules his name in this manner. In my opinion, he of the party; therefore his membership of is being used qy the Government-when I the Australian Labor Party has ceased. If say "the Government", I refer particularly to he goes to Canberra, let me make it very the Premier and those who support his clear to honourable members that he will attitude. I have known Paddy Field for a long go there as an independent. He certainly time. I have seen him work in election cam­ will not be accepted in the Labor Party paigns; I have seen election campaigns come in Canberra. The . question then is: what and go in which he has not worked. The will happen to Mr. Field in the future? point is that on several occasions he nomin­ I regret that he has been nominated today, ated for selection as an A.L.P. candidate because he will be in the Senate for only for the Brisbane City Council and for the a short term. He will come up for re-election State Parliament. In fact, if I remember at the next Senate election. He certainly rightly, in 1957 he was keen to nominate will not be part of the A.L.P. team, and against me. I do not know whether he there is no indication that he will be a mem­ did finally nominate but he was not success­ ber of the official National-Liberal team. ful in gaining endorsement. I know that he Whether honourable members like it or not, 416 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia if one wishes to be elected to the Senate They vilify the Labor Party, they vilify the one has to belong to a recognised political Labor Government, and they indicate quite party-the A.L.P., the National Party, the clearly that it would not matter what Labor Liberal Party, or perhaps to a lesser degree man was nominated they would not put the D.L.P. him in the Senate. What is the difference The figures at the last Senate election cer­ between giving three names to be knocked tainly show that that was the pattern of back and giving one name to be knocked voting. People voted overwhelmingly (441,000) back? for the number one candidate in the A Mr. Katter: We have said unequivocally group, which was the Labor Party group, that we would put up a Labor man, which and overwhelmingly (494,000) for the number we have done. one candidate in the B group, which was the Liberal-National Party group, but there Mr. HOUSTON: Yes, but the Govern­ was only small support (2,194) for the C ment's word is not its bond; that is the group, which was an independent group. trouble. In 1961 one person was nomin­ Even Mr. Condon Byrne, for the D.L.P., ated from this side of the Chamber. On had a vote of only 40,704. I think that that occasion the Government did not demand shows quite conclusively that people tend two other names. It just rejected one, and to vote for the party of their choice and then subsequently one name was put up, and anyone who stands for the Senate hopes to that one was selected by this Parliament-in get the number one position on the ballot other words, one name out of two. The first paper. We can all recall many occasions one was rejected and then the other one when there has been in-fighting between the was accepted. But we learnt our lesson on Liberals and the old Country Party, now that occasion so the party determined that in the National Party, as to the positions on future it would select its candidate-just as the joint Liberal-Country Party Senate ticket. the Government selected Mr. Banner. It is Position was important because the order true that when Mr. Banner's name was put of election was the order down the line. forward, Sir Gordon Chalk said, "If you want a choice, reject Banner." That was the Even if Mr. Field does get the nod on this alternative. The Labor Party did not want occasion I feel he is letting himself in for to reject Mr. Banner. It wanted to follow a very short poUtical career. However, convention. That was why we did not reject that is a decision he has made and a decision Mr. Banner. It had nothing to do with the Premier has made. his background as a human being. He was Did the Premier give the joint parties a candidate previously, but, because he was a choice? Was one name submitted or did at the bottom of the ticket, he did not he give a choice of three names? Certainly get many votes. It could not be said that what was decided was not unanimous; but he was rejected because he was Mr. Banner. Dr. Colston was the unanimous choice of He was rejected on a party-political basis. the Australian Labor Party. That is the whole argument. Let me put the record straight for the It has been said that some members are in honourable member for Ithaca. It is true the middle of the road. I suppose that if we that Mal Colston received 816 votes, but had submitted the names of three persons, it is also true that on the ticket his name Government members could have said all was neither near the top nor near the three were unacceptable. I do not excuse the bottom. The names of candidates of all Premier for condoning the actions of the other parties in that position received a low honourable member for Belmont, because he number of votes. For instance, Mr. Kil­ has clearly indicated that he supported the martin received 1,518 votes. If the honour­ member. able member's argument were a logical one, I am astounded that the honourable member he should have been elected to the Senate before Senator Lawrie, who was the seventh for Ashgrove, a barrister, also supported the to be elected, because Senator Lawrie honourable member for Belmont. I hope that received only 1,075 primary votes. The judges-many of whom were formerly bar­ argument that Mal Colston received only risters-do not accept the philosophy that it a small number of personal votes is not is proper to present a case based on an valid at all when the situation is considered. inquiry (it was only a police officer's inquiry) At the last Senate election, when Senator and deny the person against whom the case Keeffe _was on the top of the Labor ticket, is presented the right to defend himself and he rece1ved over 400,000 votes, but on this to cross-examine the witnesses. In recent court occasion he received only 2,830. Again cases police officers have been found to be that is because of the relative positions of untruthful; others have misread the evidence the candidates. I do not think the honour­ before them; and others have had their able member's argument has any validity. evidence rejected by judges and magistrates. Let us consider some of the views that I know nothing about the investigation that have been expounded. It has been sug­ was carried out, but the honourable member gested by some honourable members that for Belmont presupposed that the investiga­ a right of choice should be given. That is tions and conclusions could not be faulted, fair enough for those who think that way. and on that premise he condemned Mal But th.e same members then say, "We are Colston. That is totally wrong. If anyone not gomg to put a Labor man down there." wants to make innuendoes against another Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia 417

person, he should do so in a place where the nominated to be Mr. Speaker. There have person against whom they are made is able been other similar occasions. As to the time to defend himself. If the honourable member when I was accused of demanding a choice, for Belmont were really so honourable and the Premier has become very apt over the so worried by his conscience, why didn't he years-- say these things to the man's face and ask Mr. Bjelke-Petersen: I will relate to you him whether or not they were true? Long later everything you said about a choice. before this meeting he knew that Mal Colston was to be our nominee, so why didn't he front Mr. HOUSTON: About Mr. Speaker? the man concerned and say, "This informa­ Mr. Bjelke-Petersen: Yes. tion has come into my possession. Is it true?" Mr. HOUSTON: I do not deny anything This is a meeting of members of Parliament I said about the election of Mr. Speaker. to make a selection. Isn't it reasonable to That was a completely different ball game assume that if the Opposition had submitted -a completely different situation. We were three names, certain Government members determining who was to be the Speaker of would have attacked the character of those this Assembly. I do not wish to say any­ three persons just as that of Mal Colston thing that I did not say before, but when was attacked? That is the position we are in. the honourable member for Redcliffe was I think the Deputy Premier, the Leader of nominated by the Minister for Primary Indus­ the Opposition and certain other members tries, and the honourable member for Mul­ have clearly stated the position. We are grave nominated the honourable member for here to fill a vacancy caused by the untimely Flinders, the Opposition did not nominate death of a man who was well respected in anybody. We had two nominations from our community. Government members should the Government parties. not forget that on the hustings they urged Mr. Aikens interjected. the voters not to elect Labor senators. I have no quarrel with that. All of us fought for our Mr. HOUSTON: I did not promise Mr. own political parties. The strange thing is, Lonergan anything at all. That is typical however, that Bert Milliner was elected on of what happens; things are suggested when the Labor Party's policy and platform, which people are not here to defend themselves. has not altered since his election. It is as It is true that when the honourable it was before. member for Flinders was nominated, other Labor members and I were in agreement. We have heard talk about the possible Anyone foolish enough to think that the vote election of a man who would abolish the on that occasion was not tinged with party Senate. If the abolition of the Senate is part politics should not be in this Chamber. We of Labor's policy now, it was also part of made a decision on a party-political basis. it when Bert Milliner and the other three Both Bill Lonergan and the honourable Labor candidates were elected. All we are member for Redcliffe were held in high saying is that Mal Colston, as our nominee, regard as persons. We had nothing against has the right to replace the late Senator Bert them. I had some comments to make about Milliner. It is up to Government members. the job, and they are recorded in "Hansard". My only comment is, "They should not seek At that time I said certain things and I to excuse their own actions by saying that we repeat, that when the Speakership becomes should have given them a choice." I have vacant, if our numbers approach those of referred to when Senator Bonner was nom­ the Government and if we have any inkling inated. I could even go back to when that enough Government members will vote Mr. Heatley replaced the late Senator for our man, I have no doubt we will take Sherrington-- similar action. However, I am not here A Government Member: What about to defend my actions on that occasion. I Arnell? am here to support the nomination of Dr. Mr. HOUSTON: The Arnell case was Mal Colston to fill a Senate vacancy in first, and then came Mr. Heatley, who was Canberra. There is no finer man in the the only person nominated. State to represent it than he. M:r. Hartwig: What about Bill Lonergan? Dr. SCOIT-YOUNG (Townsville) (5.49 p.m.): Today we are faced with two problems. Mr. HOUSTON: On that occasion we The first relates to the quality of the man, were electing the Speaker of this Parlia­ which I think has been dealt with quite ment. We were not sending a man to rep­ satisfactorily by several speakers, especially resent this State in another House of the honourable members for Belmont and Parliament. Ashgrove. The second concerns the rules Mr. Aikens: That is only a quibble. applying to the appointment of a senator to fill a casual vacancy in Canberra. After Mr. HOUSTON: It may be a quibble. listening to the debate today, I cannot help The point is that when electing a Speaker thinking that there must be a better and it has been customary for members to be easier solution of the problem. I believe nominated from both sides of the House. that it would be as well for the next This can be seen in the records, and I Constitutional Convention to consider am sure the honourable member recalls whether this method of filling casual Senate it. On one occasion Hughie O'Donnell was vacancies should be replaced by a by-election. 14 418 Vacancy in Senate of [3 SEPTEMBER 1975] Commonwealth of Australia

That would save a lot of dog-fighting choose whom they may. They are not, political infighting and political intrigue, and for instance, bound to choose a person would allow Parliament to get on with its from the same political party as that normal business of administering the State. to which a deceased or retired Senator belonged. When the political composition Labor Party members today have behaved of the State Houses is predominantly that like psychopathic children. They have of the political party to which a former bluntly and blatantly refused to acknowledge Senator belonged, the State Houses have, the authority of the Parliament. They have naturally enough, chosen a person belong­ persisted in refusing to supply a panel of ing to that same party. name~ when requested to do so by the Prem1er. If they had done so, all of this "When, however, State Parliaments have bickering, fighting and discussion would have been controlled by political groups other been avoided. Dr. Colston's name could than that to which a deceased or retired have been included in the list and most Senator belonged, the choice has varied. probably nothing would have been said about For example, in New South Wales in 1931 his past. Senator P. F. Mooney (Labor) was chosen to fill the vacancy caused by the retire­ Opposition members talk a lot about con- ment of Senator W. L. Duncan (National­ vention. What is their attitude to con- ist). In Queensland in 1928 Senator vention? Look at the conventions they J. V. MacDonald (Labor) was placed in have recently destroyed. What about the the seat vacated by the death of Senator old convention of honouring the Queen and the Hon. T. Givens (Nationalist)." playing "God Save the Queen"? We are sovereign States. What have they done? So where are their conventions? They use They have dishonoured it and cut it out of our convention as a man does a hat; they take ordinary procedures and our civil procedures it off when it suits them. and tried to give us the impression we are I think that the Premier and the Gov­ no longer sovereign States. ernment have to be congratulated on the The convention was always accepted that stand they have taken in this matter and I when State Ministers went overseas they for one will not be voting for an A.L.P. man. had diplomatic status. What has happened to them? They have been reduced in status Mr. BURNS (Lytton-Leader of the offhandedly. With a click of the fingers Opposition) (5.54 p.m.), in reply: I think Gough Whitlam said, "There will be no we have all had a fair opportunity to debate more convention covering this. Your State this matter today. In order to facilitate Ministers are nothing and will not have the business of the House, I shall make my diplomatic status." reply as brief as possible. Another example is their approach to It is my belief that we must get back referendums. When the referendums were to taws. We are debating the requirements lost, the socialist Labor Party members of the Constitution to fill a vacancy caused ignored that fact and are now legislating by the death of an A.L.P. senator. I think to circumvent the will of the people; so the Government is well aware that if it that the Labor members have no chance proceeds along the course it has decided of convincing. us of their sincerity by talking to take and endorses the second nominee, about the will of the people and looking we will not be sending an Australian Labor after the will of the people. In their recent Party man to Canberra to represent Queens­ action to try to circumvent the lost refer­ land. There is no possibility of his being endums, they cut across their own arguments. a Labor nominee and, if this Parliament selects him, it will be acting in defiance What is the meaning of the word "con­ of tradition by sending to the Senate a vention"? It is an extremely difficult word member selected by the Liberal and National to understand. It has been bandied around Parties. this Chamber for a couple of days. I referred to Hood and Phillips to see if I The Government parties will be selecting a coul~ . find a de~nit!on. The suggested senator to replace an A.L.P. man who died. defimt10n of "constitutiOnal conventions" is- All members know that, in accordance with the rules of the Labor Party, this man will "rules of political practice which are no longer be a member of that party. He regarded as binding by those to whom they signed a pledge year after year and he apply, but which are not laws as they knows full well, having nominated on a are not enforced by the Courts or by number of occasions for pre-selection and the Houses of Parliament." having been rejected each time by the rank That has a very important ending. and file, that by signing the nomination form Then I wondered if we had been bound he automatically excludes himself under the by convention in filling previous casual rules of the party that he pledged himself vacancies so I referred to "Australian Senate to support. Practice" (Odgers) and at page 58 the The Government is aware that this anti­ following appears- Labor man would, if elected, go to Canberra "In the choice of a Senator to fill a as its nominee. The Government will not be casual vacancy, the members of the House able to fool the people of Queensland that of Parliament of a State are free to it selected a Labor man, and Government Vacancy in Senate of (3 SEPTEMBER 1975] Commonwealth of Australia 419

members will not even be able to fool them­ the Parliament of the Commonwealth selves that the man selected will represent rendered vacant through the death of the A.L.P. Most certainly the 450,000 Senator Bertie Richard Milliner." people who voted for Senator Milliner, who There is no need for me to reiterate Mr. was selected and endorsed by the Labor Field's background. He is a man who has Party, as Mal Colston has been selected and been held in high regard and who has been endorsed, will not be fooled by the Govern­ very active in Labor organisations over the ment's manoeuvre. Whilst Government years. I have very much pleasure in sub­ members might try to fool themselves, the mitting his nomination. fact of the matter is that the only man who can go to Canberra representing the Aus­ Question-That the motion (Mr. Bjelke­ tralian Labor Party is the man endorsed by Petersen) be agreed to-put. the party. Under those circumstances, I ask Mr. SPEAKER: Under Standing Order this meeting to forget short-term political 331, as Presiding Officer, I am required to expediency. I put it this way to honourable cast my vote. I therefore ask that my vote members: if you want to honour the promise be recorded in favour of the motion. that has been made by the Government in the Press, and by many members in this IN FAVOUR: 50 Chamber, outside it, and in the newspapers, Ahern Kippin your only choice is the endorsed A.L.P. Aikens Lamond Alison Lester candidate, Dr. Mal Colston. Armstrong Lowes Bertoni McKechnie Question-That the motion (Mr. Burns) Bird Miller be agreed to-put. Bje!ke-Petersen Moo re Camm Muller Mr. SPEAKER: Under Standing Order Cory Murray Deeral Neal No. 331, as Presiding Officer, I am required Doumany Newbery to cast my vote. I therefore ask that my Elliott Porter vote be recorded against the motion. Frawley Powell Gibbs Row Glasson Scott-Young IN FAVOUR: 26. Goleby Shnpson Akers Kyburz Greenwood Sullivan Burns Lament Gunn Tenni Camp bell Lee Hales Tomkins Casey Lickiss Hartwig Turner Chalk Lindsay Hewitt, N. T. E. Warner Dean Marginson Hinze Wharton Edwards Melloy Hodges Tellers: Hanson Wright Hooper, M. D. Herbert Yewdale Houghton Chinchen Hewitt, W. D. Young Small Houston Katter Jensen Tellers: Jones Hooper, K. J. AGAINST: 26 Kaus Hooper, K. W. Akers Kyburz Burns Lament AGAINST: 53 Camp bell Lee Ahern Katter CaseY Lindsay Aikens Kippin Chalk Lock wood Alison Lamond Dean Marginson Armstrong Lester Edwards Me!loy Bertoni Lockwood Gygar Wright Bird Lowes Hanson Yew dale Bjelke-Petersen Miller Hewitt, W. D. Young Byrne Muller Hooper, K. W. Tellers: Camm Murray Houston Chinchen Neal Jones Hooper, K. J. Cory Newbery Kaus Jensen Deeral Porter Doumany Powell Motion agreed to. Elliott Row Frawley Scott-Young Gibbs Simpson ELECTION OF ALBERT PATRICK FIELD Glasson Small Galeby Sullivan Mr. SPEAKER: Order! The motion having Greenwood Tenni Gunn Tomkins been carried by 50 votes to 26, Albert Patrick Gygar Turner Field has been elected accordingly to fill Ha!es Warner the vacancy in the Senate of the Parliament Hartwig Wharton Hewitt, N. T. E. of the Commonwealth. Hinze Hedges Tellers: Hooper, M. D. Moore Hon. J. BJELKE-PETERSEN (Barambah­ Houghton McKechnie Premier): I move- Motion declared lost. "That Mr. Speaker inform His Excel­ lency the Governor that Mr. Albert Patrick Mr. SPEAKER: Order! There is a further Field has been chosen to hold the place nomination. I now call on the Premier. in the Senate of the Parliament of the Commonwealth rendered vacant by the Hon. J. BJELKE-PETERSEN (Barambah­ death of Senator Bertie Richard Milliner." Premier) (6.9 p.m.): Mr. Speaker, I move­ "That Mr. Albert Patrick Field, be Motion agreed to. elected to hold the place in the Senate of The meeting concluded at 6.22 p.m.