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the balmain Tlie Peninsula association Incorporated news sheet Vol 27 No 10 Issue 219 Founded 1965 N o v e m b e r 1 9 9 2 Balmain in Court Local Govt Conference in Albury with a plea for councils to implementing SEPP 32 is that there is TheGovernor opened the Conference focus their efforts on ensuring our kids Theanother Battle for stage Balmain as we has await moved the decision into existing public infrastructure in the locality. Inherit a better world and not to pretend of the Supreme Court on Leichhardt Council, for instance, demonstrated that Council's appeal. The Local Government the sewerage system regularly overflows management is leadership. Then followed Conference in Albury unanimously and is clearly inadequate. As we all know 3 days of 25 guest speakers, 122 notices of supported the appeal. The Mayor, Aid the waste water from showers, dish motion, debate, resolutions and long Lan7 Hand, has said that the Building washers, washing machines etc is many evenings meeting other councillors from all Trades Group of Union had indicated they times the quantities produced by our over NSW. would assist. To raise funds for the appeal grandmothers when the inner city Jeff Shaw, QC, MLC, Opposition a "Battle for Balmain Ball" will be held at population peaked. Justice Pearlman, in Spokesman on Local Government and the Apia Club on Thursday, November 19. her judgement, says such a construction Balmain resident, conceded that planning To illustrate the affects of high density requires the clause in the act to incorrectly was the province of local government housing the Council proposes to temp read the word "existing" as "adequate". promised full consultation on all matters orarily change the kerb alignment in She said that renovating existing when elected. Some silver tails presented a Loyalty Square as proposed by the infrastructure to cope with multi-unit hous motion claiming the world recession was Chamber of Commerce. A marquee would ing is less a burden on public resources caused by penalty rates, leave loadings and be installed to advertise the campaign. than providing new Infrastructure. rostered days off. Fortunately their motion When Justice Pearlman handed down Anybody with experience in engineering was lost. Leichhardt Council received her decision in the Land & Environment and building could tell the judge that this is unanimous support for the appeal to the court she stated, In her opinion, the not always true. Supreme Court. Department of Planning did properly Clearly the need for urban con A i d N i c k M a s t e n n a n consult the councils when the Regional solidation comes from the desire to reduce Environmental Plan was brought down. the urban sprawl but the sprawl is driven However, when Gabrielle Kibble head of the people looking for housing they can afford. Department of Planning was being cross The way to curtail this sprawl Is to ensure Balmain 12ft Sailing Club examined about a series of letters, whether there is an adequate supply of affordable she wrote them, why she didn't answer the housing in the inner city. As Ted Mack has Sailing Club at a meeting on 13 responses, whether this was consultation been saying for some time, the most afford YOU are invited to help revive the December at 10.30am at the Club Rooms, of or Informing councils, why she didn't able housing is small houses on small lots. cnr Water & River Streets, Birchgrove. A advertise the SEPP, on and on it went and Building high rise or expensive houses on finally Council's QC Gary Downes asked the waterfront does nothing to reduce the sausage sizzle will be provided. her whether in her opinion the council had urban sprawl, it is a sham perpetrated by Programs to discuss are Learn to Sail, juniors and Twilight racing. been adequately consulted she said no! greedy developers and the Department of It was also interesting to note that the Planning. main justification used by the State for A i d N i c k M a s t e r m a n LEICHHARDT MUNICIPAL COUNCIL Assembly - Thursday. 19th Rations • 3 Course Dinner November. 1992 Penalty $40 a head "The^^ Barracks - The Apia Club. Leichhardt, Uniform • Formal Black - with a (Open Space Parking. Enter dash of gold Battle on Waterside) The Cause Proceeds to Council's R e v e i l l e - 7 p m Balmain Peninsula f o r B a l m a i n Lights Out - 12 Midnight Supreme Court Appeal The Band - The Echoes. (50's & Gratuity • Thankyou for your 60's Rock & Roll) support in this campaign Canteen - Liquid Refreshments on To Enlist 8164264 8108786 (AHI " Bair Sale Tickets are available at: Balmain Library Council's 370 Darling Street Administrative Centre A. W. Woodward Administrative Centre 7-15 Wetherill Street Oletw Island Brid^ Town Clerk Leichhardt NSW 20^ poor attendance records were noted. This As Peter Bridges notes in his "Court Sentencing of Criminals criticism Intensified after the establishment Houses of New South Wales", the first of self-government in 1856, and the Police Court In Sydney stood on the site of Forthe lookingpast few at themonths, developmentwe have of been a pro government responded by increasing the the present Queen Victoria Building. fessional police force in New South Wales number of paid magistrates. It was with Greenway had designed a small domed as well as examining the attitudes to pun dismay that the members of the general market house which, much to his chagrin, ishment which lay behind the system of public found that by and large the mag was altered during construction and be prisons to which convicted criminals were istrates remained what Hilary Colder calls came a Police Office containing a small sent. As noted in our first article on prisons, "unusually autonomous" government em court room. the majority of individuals arrested for ployees whose removal was very difficult In the 1880's, when the markets had crimes and misdemeanours would have Indeed. Frequently th^ were the product become Inadequate for the growing city, been dealt with summarily by a magistrate, of "lateral recruitment" by ministers who the Police Court was given a new building so this is our topic this month. were free to appoint relatives, friends and in Liverpool Street which came into use in In the beginning of white settlement in political supporters in a manner which is 1892. The building in Albert Street, New South Wales, the English system of not enUrely unknown among political ap completed in 1856 near Circular Quay, was using Justices of the Peace as magistrates pointments today. originally a Water Police Court. was introduced. As viewers of English TV Some of these laterally recruited In the eariy days of the colony, the programs will be aware, JP's there still sit magistrates were, of course, perfectly com courts of the central district served the on benches and deal with court cases in petent and performed their duties well, but inner city municipalities well enough, but English courthouses. As Hilary Colder the system was a casualty of the Public after the gold rush the Increasing points out, however, the demography, Service Act of 1895 which created the population and the rise of a large suburban geography and economy of the new Public Service Board aimed at ending working class concentrated in a few well- colony forced its governors to develop and politicians' control of government defined areas led to the building of new rely on a system of paid police magistrates employment. Magistrates were specifically court houses. The Balmain Police Court from 1825. These magistrates directed the included in the new bureaucratic career was established in 1883 and sittings took local constabulary and heard the majority service and both internal and external app place in the town hall urrtil the new post of the area's cases; although they lost ex licants were supposed to pass a qualifying office/court house complex was com ecutive control of their local police forces examination. However, under the new leg pleted. The court house continues in use; as early as 1862, they were still called islation, no outsider could be appointed the most widely publicised of recent cases police magistrates as late as 1947, the unless there were no suitable internal there was, of course, the case involving courts themselves were known as Police candidate, with obvious results. Jeff Fenech. Courts as can be seen on the accompany Even before this Act, changes had The increasing professionalism of the ing photograph of the Balmain Court. taken place in the Sydney metropolitan magistrates who have served in Balmain - The appointment of Justices of Lhe area. In 1881 an unseemly brawl which and other - courts will be discussed in a Peace continued, however, and the re developed between temperance and subsequent article. lationship between the two types of pro-publican justices gave Henry Parkes Debby Nlcholls magistrate was often far from cordial. Nor the opportunity to outlaw justices in the Sources: Hilary Golder, "The Making of were unpaid magistrates, having been metropolitan police district. Instead he the Modem Magistracy", Journal of the appointed by and large from the wealthier gave exclusive jurisdiction to a special RAHS December 1991 and "Historic Court members of the colony, necessarily bench of "skilled and trained" men with the Houses of New South Wales" by Peter popular with the population as a whole. It new title Stipendiary Magistrate, and it was Bridges. was alleged that the justices were biased these magistrates who sat in the Balmain against working class defendants and their Police Court after it was completed in 1887.
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