Queensland Parliamentary Debates [Hansard] Legislative Assembly THURSDAY, 21 AUGUST 1969 Electronic reproduction of original hardcopy 124 Questions [ASSEMBLY] Questions THURSDAY, 21 AUGUST, 1969 (2) Is he aware that Mr. D. J. Killen, barrister and M.P., claimed that his client had been in custody for more than five months? Mr. SPEAKER (Hon. D. E. Nicholson, Murrumba) read prayers and took the chair (3) According to the system of justice at 11 a.m. in Queensland why is such a delay tolerated or excused? QUESTIONS (4) Are more Judges required to man the District Courts in Queensland? INSTALLATION OF SEWERAGE, CANNON (5) Has his attention also been drawn HILL STATE SCHOOL to Judge McCracken's statement that in Mr. Tucker for Mr. Houston, pursuant to Longreach last May he found a man had notice, asked The Minister for Works,- been in custody for six months and three days awaiting sentence and that the period ( 1) When is it proposed to replace the of incarceration was longer than any earth closets at the Cannon Hill State Judge would have given him for the School with sewerage installations? offence to which he was prepared to plead (2) What stage has the design of toilet guilty? blocks reached, pending such installation? (6) Did he also note the Acting Judge's comment to the effect-"There is some­ Answers:- thing wrong with the administration when (1) "As soon as possible after the this sort of thing can happen"? Brisbane City Council declares the area (7) What does he intend to do to sewered." obviate this intolerable situation? (2) "Planning of new toilet blocks will (8) Is he prepared to compensate this proceed when the Council's declaration is unfortunate prisoner at Longreach who made." was forced by the Crown to languish in the Longreach gaol because of the Government's alleged maladministration PETROL SUPPLY FOR CO-OPERATIVE of the criminal law? SoCIETIES Mr. Tucker for Mr. Houston, pursuant to Answers:- notice, asked The Minister for Justice,- (1 and 2) "I have read the report in When speaking on the Co-operative and The Courier-Mail of August 8 last of Other ~ocieties Bill on December 7, proceedings of the previous day in respect 1968, d1d he state that he had at least of the adjournment to the next Sittings of two measures he could implement that will allay the anxieties of co-operative the District Court of five charges of steal­ societies buying for cash whose source of ing against the accused person. A further supply is cut off? If so, what action has he two charges of stealing were similarly taken to assist the Queensland Associated adjourned. The accused was represented by Cattlemen's Co-operative Ltd., whose Mr. Killen of Counsel and his client had source of supply of petrol through the been in custody for between five and six Queensland Associated Motorists Co-opera­ months at the time." tive Ltd. has been cut off? (3) "The accused was first tried on July Answer:- 14 on a charge of stealing. There was a disagreement by the jury. Altogether, he "My information is that the supplies of has been committed for trial on eight the Societies referred to were cut off as charges and also on a charge of breaking, they were selling below the price followed entering and stealing for which he was on the fixing of the price in South Australia. tried on August 7. The proceedings in the The representative of the Queensland Associated Cattlemen's Co-operative has lower court were conducted by the police. been advised to inquire as to whether this The police, of course, come under the is a breach of the 'Trade Practices Act'." administration of my colleague the Honour­ able the Minister for Works. It would appear, however, that during the period in PERIODS SPENT IN CUSTODY BY ACCUSED question there were remands of the various PERSONS cases from time to time due to difficulties Mr. Davies for Mr. Bennett, pursuant to experienced in securing the attendance of notice, asked The Minister for Justice,- necessary witnesses and the appearances of legal representatives on behalf of the ( 1) Has his attention been drawn to the strong criticism of Acting Judge accused. All adjournments were made with McCracken in the District Court on the consent of the accused. I do not pro­ Thursday, August 7, 1969, of cases where pose to disclose full details concerning these accused persons spent long periods in gaol matters as the great majority of these cases between arrest and trial? are still sub judice. As the Honourable Questions [21 AUGUST] Questions 125 Member appreciates, there is a great multi­ PROHIBITION OF BINGO plicity of charges. There are also outstand­ Mr. Melloy, pursuant to notice, asked The ing seven charges of stealing not heard in Minister for Works,- the lower court and one charge of assault­ ( 1) Is he aware of the dens of iniquity ing a member of the Police Force in the and gambling hells which flourish through­ execution of his duty, which, in accordance out Queensland, in which women and with the practice, will not be heard until children are involved in the game of all the charges to be tried on indictment bingo? have been terminated." (2) Will he take the necessary acti<?n ( 4) "The matter has not in any way to amend any legislation, Order in Council, been affected by the number of Judges of regulation or any other instrument. which the District Court." would otherwise prevent the playmg of bingo? (5) "The Judge did refer to a case at Longreach in which a man had been in Answers:­ custody for six months and three days. (1) "No." As regards the Longreach case mentioned (2) "No." by Acting Judge McCracken, the accused person in question was arrested on March GOVERNMENT SUBSIDIES TO LOCAL 30, 1968, on a charge of doing grievous AUTHORITIES bodily harm. The accused was released on Mr. Bousen, pursuant to notice, asked The bail with a surety. After several remands, Treasurer,- October 31, 1968, was fixed for the pre­ liminary hearing of the charge before the What are the various activities carried Magistrates Court, Longreach, for which out by local authorities on which a. Gov­ ernment subsidy is paid and what IS the witnesses were brought from Brisbane and rate of subsidy on the particular items that Townsville. The accused failed to appear. do attract subsidy? His recognizance and surety were estreated and a warrant was issued for his arrest. Answer:- During this period, the complainant had " I lay upon the table a list of rates of been a patient in the Townsville Hospital subsidies to Local Authorities under the receiving treatment for a fractured right State's Approved Subsidy Scheme, and femur and a fractured right tibia. The leave it to your discretion, Mr. Speaker, warrant was executed and after the accused whether such voluminous information had been in custody for eight days the should be included in 'Hansard'." preliminary hearing of the case against him Paper.-Whereupon Mr. Chalk laid upon was heard on December 5, 1968. He the Table of the House the paper pleaded guilty and was committed for referred to. sentence to the first Sittings of the District Court to be held at Longreach in 1969. He COMPENSATION FOR LAND RESUMPTIONS did not apply for bail. There is provision FOR DAM PURPOSES, LOGAN ELECTORATE in section 113 (4) of the "Justices Acts" Mr. Baldwin, pursuant to notice, asked for him to be committed to a place other The Minister for Local Government,- than Longreach with his consent in writing. However, at the date of committal the list Will he urge the Government to pay out of District Court Sittings for the ensuing at once full compensation to farmers hold­ ing land in use in the proposed dam site year had not been published. Before mak­ areas in the Logan Electorate, with the ing a committal, the justices must be satis­ right to continue to use their land, if they field as regards the length of time which desire, until it is required for the dams? will elapse before a court of competent jurisdiction next sits at the place to which Answer:- a defendant would, in the absence of the "Work is in the preliminary stage. As subsection be committed, which would be yet there is no definite proposal to build Longreach. This information was not the dam. Until some design basis is available. However, the accused was in formulated it is not possible to indicate custody at Her Majesty's Prison, Stuart, the land ~ffected. Compensation is not Townsville, where he would have been payable until the land is taken." informed of his rights and he took no action which he could easily have done to SEWERAGE INSTALLATION LICENCES FOR have been sentenced at an earlier date." PLUMBERS, NORTH QUEENSLAND (6 and 7) "See Answer to (5)." Mr. F. P. Moore, pursuant to notice, asked The Minister for Local Government,- ( 8) "There has been no maladministra­ ( 1) Is he aware that qualified plumbers tion of the criminal law and the prisoner in North Queensland are not able to obtain is not entitled to compensation because he licences for sewerage installation unless had his remedy and failed to take it." they leave their place of abode? 126 Questions [ASSEMBLY] Questions (2) Is it possible for the Government 2 of this Act (supply tobacco to person to arrange for schools of instruction and under 16 years) is $20; and for a practical examinations for these men in breach of section 3 of the Act (person their respective areas? under 16 years smoking in a public place, etc.), the maximum penalty for the first ( 3) What provision has been made for offence is fifty cents and for the second qualified plumbers in Far North Queens­ or any subsequent offence $1." land to hold licences for sewerage installation? Answers:- CONTROL OF TORRES STRAIT ISLANDS (!) "No, I am not aware.