Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 29 JULY 1971

Electronic reproduction of original hardcopy

22 Special Adjournment [29 JULY 1971] Questions Upon Notice

THURSDAY, 29 JULY 1971

Mr. SPEAKER (Hon. D. E. Nicholson, Murrumba) read prayers and took the chair at 11 a.m.

PAPERS The following papers were laid on the table:- By-laws Nos. 1001 to 1008 under the Railways Act 1914-1971.

QUESTIONS UPON NOTICE

PUBLIC RELATIONS OFFICER, PREMIER'S DEPARTMENT Mr. Houston, pursuant to notice, asked The Premier,- ( 1) For what duties was the position of Public Relations Officer (Mass Media) created and filled in the State Public Relations Bureau? (2) On what date did Alien Lindsay Callaghan commence such duties and at what salary? (3) For what reason was the position of Mr. Callaghan changed to Public Rela­ tions Officer, Premier's Department, on July 1, 1971? ( 4) What is the salary applying to this position and what duties does he perform? (5) To whom is he immediately respon­ sible for the carrying out of such duties? Answers:- ( 1) "This information was available at the Public Service Board at the time to all interested applicants. If the Honour­ able Member is looking to his employment prospects next year I will be happy to send him a copy, althou~h of course he will appreciate his recent exercises in public relations activities hardly qualify him for appointment in that field." (2) "April 5, 1971, at $326.50 per fortnight." (3) "Because departmental efficiency would benefit." ( 4) "The salary is identical to that previously received. The duties are identi­ cal to those previously defined excepting that the position is without the ambit of the Public Relations Bureau." (5) "Administratively, the Permanent Head of the Premier's Department."

BURGLARY AND BREAKING AND ENTERING OFFENCES Mr. Houston, pursuant to notice, asked The Minister for Works,- (1) Between January 1 and June 30, 1971, how many cases of burglary and/or breaking and entry of (a) dwelling houses Questions Upon Notice [29 JULY 1971] Questions Upon Notice 23

and (b) buildings were reported in the (2) "The proposal has merit and I will metropolitan area and the rest of the State, examine the Honourable Member's sug­ respectively, and how many have been gestion that accounts be rendered for such solved? costs to those responsible for their being (2) How many of the cases in the same incurred." category and in the same areas, which were reported in 1970, still remain unsolved?

Answers:- (b) Mr. Newton, pursuant to notice, asked (1)- The Minister for Works,- ( 1) What was the actual strength, including ranks in all categories, at June "Number 11 Number Reported Number Reported Number 30, 1971, in (a) Brisbane, (b) Southern, Metropolitan Solved Rest of State Solved (c) Central and (d) Northern Division __A_r_e~ __ l, ___ ------I--- police regions of the State? (a) 1,469 202 719 127 (2) Of this number, how many police, (b) 2,733 458 1,562 297" including ranks in all categories, were drawn from each region and the Northern (2)- Division to form the Special Police Squad in Brisbane for the Springbok tour? "(a) Number unsolved in respect dwelling houses metropolitan area, 1,873; (3) How many vehicles in all categories Number unsolved in respect dwelling were allotted to the above regions and houses rest of State, 775. (b) Number the Northern Division as at June 30, 1971? unsolved in respect other buildings metro­ politan area, 3,775; Number unsolved in ( 4) Of this number, how many vehicles respect other buildings rest of State, were used from each region and the 1,694." Northern Division to transport police personnel to Brisbane for the Special Police Squad? SPEOAL POLICE SQUAD, SPRINGBOK RUGBY UNION TOUR (5) What other forms of motor vehicle (a) Mr. McKechnie, pursuant to notice, transport, including buses, have been hired asked The Premier,- or leased by the Police Department to date? (1) What \'• as the total cost involved in bringing police from country areas to ( 6) What are the names and addresses Brisbane to assist in the protection of the of the firms or private companies from public and players at the Rugby Union which the extra transport was hired or football matches at the Brisbane Exhibi­ leased? tion Grounds? (7) How many police personnel, includ­ (2) As law-abiding citizens who ing all ranks in each category, were billeted arrange social functions are required to at the Enoggera Army barracks? pay for police attendance at those func­ tions, will he consider demanding payment (8) What type of accommodation was for police protection from those who provided for the above police personnel? arrange functions such as protest marches and other organised disruptions endanger­ (9) What arrangements were made for meals to be supplied and by whom, for ing public safety and trespassing on civil police personnel stationed at the barracks? liberties of the individual? (1 0) What equipment, including cloth­ Answers:- ing, protective gear, batons and firearms ( 1) "The figure is not available as the was issued or purchased for the special circumstances requiring additional police force including members of the Public protection for the general public and the Order Squad? sportsmen concerned have not yet entirely ( 11) How many cadets and police disappeared. However, whatever the probationers were attached to the special amount, the Government will consider Sqead? every cent of it well and wmihily spent ia protecting the people from the physical (12) What duties were performed by danger, the verbal abuse and the mental these personnel? embarrassment which would have been (13) What is the estimated extra cost their lot had the A.L.P.'s radical and to date of payments to the special squad lawless supporters been allowed to use for (a) police personnel including all the missiles and weapons, the obscenities ranks, (b) transport facilities in all cate­ and the intimidatory tactics tfiey originally gories and (c) cost of the use of buildings, intended." equipment and services provided? 24 Questions Upon Notice (29 JULY 1971] Questions Upon Notice

(14) For what total number of man­ (2) "This information is not sought or hours will police be away from their local recorded by the Police Department in police establishments? relation to arrested persons." Answers:- HousiNG CoMMISSION RENTAL ( J) 'Total po:ice strength at June 30, 1971-3,100." AccoMMODATION Mr. Newton, pursuant to notice, asked The (2) "574 personnel from country Minister for Works,- regions and the northern division." (1) How many applications in each (3 and 4) "In view of the imposed points-priority rating for rental accommo­ black ban on rail transportation sufficient dation are at present lodged with the vehicles were used to transport country Queensland Housing Commission in (a) policemen to Brisbane." the metropolitan area and (b) the remainder of the State? (5 and 6) "In view of the A.L.P. threat through the Trades Hall against the liveli­ (2) What is the formula used for hood of any person or persons or organi­ assessing the present points-priority system for applicants seeking State rental sations who assist in any way the visit of accommodation? the Springboks, I will not provide this information." (3) What is the present number of applications for the new Pensioners' Unit (7) "See Answer to (2)." Scheme announced by the Commission? ( 8) "Service personnel type of a high Answers:- standard inspected and approved by the Police Union." (1)- (9) "Adequate arrangements as pro­ (a) (b) vided by the Department of the Army." "Points Rating Metropolitan I Remainder of at 30-6-71 State at 31-5-71 (10) "Apart from the normal standard --1-35--1 100 issue, no additional equipment was issued lOO except-(a) Asbestos gloves for the 80 64 24 60 116 1 34 Emergency Squad stationed in the playing 40 1,273 ' 212 arena at the R.N.A. to handle burning Nil 2,366 1 576

missiles as encountered in Sydney, Mel­ Totals 3,954 1 946, bourne and Adelaide. (b) Some batons placed in Public Order Squad's stocks were (2) "100 points-Families facing eject­ issued to Public Order Squad motor ment from present dwellings or homeless, vehicles." living in tents, huts or similar unsuitable (11 and 12) "No cadets or police pro­ accommodation; 80 points-Families bationers were attached to the Special living in premises condemned by local Public Order Squad." or State authorities; 60 points-Families ( 13 and 14) "These figures are not separated owing to lack of accommoda­ available as circumstances still require tion; 40 points-Families living under additional police protection for the general overcrowded conditions or sharing houses with other people; Nil-Families ade­ public and sportsmen concerned have not yet entirely disappeared." quately housed and not facing ejectment. Three points are added for each child." (3) "Single age pensioners, 274; age pensioner couples, 103."

(c) Mr. Newton, pursuant to notice, asked The Minister for Works,- CRIME AND PUNISHMENT Mr. Bennett, pursuant to notice, asked The (1) How many arrests were made by Minister for Justice,- the Special Police Squad up to July 27, 1971? ( 1) As the custom of imprisoning some people is merely the heritage of a mid­ (2) Of this number, how many were Victorian British policy of placing people (a) trade union officials, (b) trade in dungeons, will he make alternative unionists and (c) members of other organi­ arrangements for the treatment of certain sations in each category? offenders against the law in this State? Answers:- (2) What research has been done in this ( 1) "Two drunken persons have been State in order to train people engaged in arrested by the Public Order Squad up to the prevention and control of criminal July 27, 1971." behaviour? Questions Upon Notice (29 JULY 1971] Questions Upon Notice 25

(3) What is being done to segregate (7) 'The question of assessment of harde,l experience." to obtain his meals at the Refectory at a ( 4) "The nature of the offence alone is reasonable price? not indicative of the criminal behaviour of the prisoner, and segregation on the basis Answers:­ of offence can have limited value. From (1) "Yes." time to time there are cases of sexual ( 2) "There is no evidence that the attacks by male prisoners on others, and union is being mismanaged." in each case the policy of the Department (3) "The University makes payment of has been to place all such matters in the specified sums to the union out of the hrnds of the police for investigation and composite fee charged to students." prosecution. Where persons with sexual propensities are known, arrangements are ( 4) "Having regard to current costs, the made for appropriate segregation to pre­ president of the union has informed the vent suggestions concerning sex or University that the prices charged are attempted sexual assaults." reasonable. If the Honourable Member has information contrary to this statement (5) "I find it difficult to understand he is invited to let me have it and I shall what the Honourable Member means. I have the matter referred to the president do not think the principle of revenge has of the union." ever entered the minds of law enforcement authorities." U~IVERSITY LECTURER, MR. D. O'NEILL ( 6) "It is true that criminals return to prison. The best corrective measures even Mr. Bem1.ett, pursuant to notice, asked The if successful, are followed by a tapering Minister for Education,- off process with several breaches of the ( 1) Does he reca!l his Answer to my law becoming less frequent until the Question on Sep,ember 15, 1970, in regard person concerned ultimately becomes fully to University lee l~ ~'c~· !:'1~.1. O'Neill, that law abiding." his integrity in political and social views 26 Questions Upon Notice [29 JULY 1971] Questions Upon Notice

is unquestioned and that the Vice­ eliminate many of the intolerable incon­ Chancellor has no reason to believe that veniences inflicted upon sisters and student O'Neill is an incompetent lecturer? nurses by the grossly unsatisfactory accom­ modation now provided on a catch-as­ (2) Now that O'Neill continues to dis­ catch-can basis? rupt University life, influence students and impede them in their studies in this, the Answer:- second half of the academic year, is he still regarded as a man of integrity with "The provision of any necessary addi­ very strong political and social views and tional accommodation for tutorial purposes as a competent lecturer? for the nursing staff will be considered in the overall development of the Townsville (3) As O'Neill has spent time this week Hospital." at the Queensland Institute of Technology inciting students to defy constitutional auth­ ority and to wreck the lecturing arrange­ ments there, will taxpayers' money con­ CuLTURAL PAGEANTS, BRISBANE tinue to be spent on his salary of $7,600 Mr. V. E. Jones for Mr. Aikens, p,Irsuant per annum, allegedly paid for lecturing at to notice, asked The Minister for Educa­ the University? tion,- ( 4) When he informed the House on Has his attention been drawn to an September 15, 1970, that it had been made article in The Australian of April 23, quite clear to O'Neill what his obligations wherein a Mr. Arthur Creedy outlined the and responsibilities were as a member of Government's intention to stage a series the academic staff of the University, was of flamboyant and expensive pageants, it intended to condone his conduct in festivals and all sorts of musical extra­ absenting himself from lectures whilst vaganzas in the immediate future for getting drunk at the Regatta Hotel and Brisbane and commented, inter alia, "This generally annoying the citizens of Brisbane? is going to cost a lot of money" and, if so, (a) how much will be budgeted Answers:- for these alleged cultural phantasmagoria (!) ''Yes. In replying to a Question by for the delectation of Brisbane people, (b) the Honourable Member on September 15, can this extravagance be justified in the 1970, 1 said: 'The Vice-Chancellor does light of the State's present financial not understand the implications (i.e. of stringency and (c) how long will Mr. the Member's Question). If they are that Creedy, with the apparent complete con­ O'Neill is in any way corrupt in respect of currence of the Government, be permitted his academic and examining duties, he to regard Queenslanders living outside Bris­ does not believe it. Mr. O'Neill has very bane as uncouth and uncultivated country strong political and social views but his yokels? integrity in these other matters (i.e. his academic and examining duties) is Answer:- unquestioned.' The Honourable Member "(a) The article in The Australian has incorrectly summarised my earlier referred to related to the Warana Festival. reply." The Warana Festival, leading to the (2) "I am informed that the Vice­ Queensland Festival of the Arts in 1975 Chancellor strongly disapproves of many will continue to attract support from of the recent activities of Mr. O'Neill. His Government and Brisbane business Head of Department earlier informed the interests. The amounts of money con­ Vice-Chancellor that he is a competent cerned will be determined by the approp­ lecturer. That is the source from which riate authorities at the proper time. It the Vice-Chancellor draws his information should be pointed out that festivals are as to competence." an important part of a State's economy, and that dividends are in strict relation to (3) "If Mr. O'Neill is not meeting his investments. Furthermore, Warana has classes and performing other duties never been regarded as an exclusively required by his Head of Department he Brisbane festival: it is intended as a State will not be paid." festival as it develops; (b) Since the ( 4) "Mr. O'Neill's Head of Department responsible bodies are only too keenly informs me that at the relevant time he aware of the State's present financial had no lecturing duties." stringency, the Honourable Member's fear of extravagance in the project is without foundation. The article referred to stresses NURSlNG TUTORIAL ACCOJ\11\IODATION, this very point; (c) The Department of TOWNSVILLE GENERAL HoSPITAL Cultural Activities is vigorously promoting the arts throughout Queensland, as its Mr. V. E. Jones for l\'k. Aikens, pursuant record to date abundantly demonstrates. to notice, asked The Minister for Health,- The Department co-operates closely with Are plans contemplated, or in hand, to all organisations and individuals in pro­ provide the tutor sisters at the Townsville viding every local community with the General Hospital with accommodation for finest cultural services possible under con­ their classes of such a standard that will ditions of severe financial stringency." Questions Upon Notice [29 JULY 1971] Questions Upon Notice 27

POWER OF DISMISSAL, QUEENSLAND Answer:- UNIVERSITY STAFF "I am not aware of any such complaint Mr. Him~e, pursuant to notice, asked The having been received." Minister for Education,- Has this Parliament or the University Senate the power to dismiss from the INFESTATION, CROWN OF THORNS Queensland University persons of disrepute STARFISH such as Daniel O'Neill, Wertheim and Mr. Casey, pursuant to notice, asked The others who, by their actions, are heaping Premier,- ordure on the University and preventing ( 1) Is he aware of the discovery during that institution from functioning in the June of a Crown of Thorns starfish on a interests of all decent academics and reef near Hayman Island in an area well students, as is desired and required by all south of the previously-known extent of reputable citizens of the State? infestation? Answer:- (2) Has his Government taken any action to investigate the extent of this "The Senate of the University of infestation and, if so, to what extent? Queensland has power to dismiss members of the academic staff. Statute 14 of the (3) Has the Commonwealth Govern­ Statutes of the University provides for ment given financial or other assistance to the constitution of a Discipline Advisory any action taken under the terms of agree­ Committee whose function it is to make ment reached between the State and the enquiry into and report to the Senate on Commonwealth? the existence and sufficiency of any ground or alleged ground for dismissal of a mem­ Answers:- ber of the staff which may be referred to (1) "Yes." it by the Senate or the Vice-Chancellor." (2) "The current State Programme of research into the Crown of Thorns star­ TEACHERS, TOOWOOMBA HIGH SCHOOLS fish includes regular monitoring of its extent. It has been well known for many Ml". Bousen, pursuant to notice, asked The years that small numbers of this starfish Minister for Education,- occur as far south as Heron Island in ( 1) What is the allotment of teachers the Capricorn Group and Lady Musgrave for each State high school at Toowoomba? Island in the Bunker Group." (2) Is each school adequately staffed? (3) "No financial assistance has been If not, in which subjects is there a shortage provided to date but appropriate pro­ of teachers at each school? vision is being made in both Federal and State financial Estimates for the current (3) What provision is made for the year." relief of high school teachers who are absent through illness or other causes? ESTABLISHMENT OF STATUTORY Answers:- FISHERMEN'S ORGANISATION ( 1) "Centenary Heights, 29; Harris­ Mr. F. P. Moore, pursuant to notice, asked town, 52, and Toowoomba, 65." The Minister for Primary Industries,- ( 2) "Yes. Each school is staffed accord­ ( 1) As he has said that the move to ing to a scale which applies to every high form a statutory fishermen's organisation school in the State." is a most progressive move and that his (3) "Provision for relief in high schools Department has asked for a definite num­ at Toowoomba is:-Supply 'A' (sub­ ber of signatures from licensees, is he stitute) teachers registered in the area, aware that there are only 12 full-time district relieving teachers when not fishermen out of 51 licensees in the required elsewhere. An internal relieving Innisfail district? teacher is available at Toowoomba High." (2) Does this same problem arise in other areas and what is the situation in all districts? DATE-STAMPING OF CREAM CARTONS (3) In view of his statement will he l\1r. Bousen, pursuant to notice, asked The take immediate action to introduce legis­ Minister for Primary Industries,- lation to form this organisation and thus aid what I believe to be a very important Did he receive a complaint from any primary industry? organi,ation or persons alleging that cream sold in cartons was not fresh? If so, will he take appropriate action to have all Answers:-- cartons containing cream either dated or (1 and 2) "I am aware that there is a coded, so that the consumer is assured of proportion of fishermen in all districts fresh cream at all times? who are not full-time." 28 Questions Upon Notice (29 JULY 1971] Questions Upon Notice

(3) "Appropriate action is being taken Answer:- by industry bodies to ascertain the extent "Since the passing of the Marginal of support for the formation of a statu­ Dairy Farms Reconstruction Scheme tory fishermen's organisation. Further Agreement Act some nine months ago, a action must await the outcome." total expenditure of $5,531,070 has been approved for the purchase of_ 212 ~arginal WATER CHARGES, MULGRAVE SHIRE Dairy Farms for amalgamatiOn With other farm land. The total number of applica­ Mr. F. P. Moore, pursuant to notice, asked tions received to date involved the pur­ The Minister for Local Government,- chase of 436 farms and of the cases dealt What has transpired with respect to a with 212 have been approved, 81 have petition of protest from Babinda and been' rejected and 56 are in abeyance. Miriwinni residents, who protested against Those in abeyance include 24 special cases the Mulgrave Shire Council because it under reference to the Commonwealth and amalgamated all water supply funds and other authorities. The remaining 87 cases imposed an increase of nearly 300 per cent. comprise 21 which have been V.:ithdr~wn in water rates on Babinda residents, that and 66 which are presently under mvestiga­ is, from $7.50 to $21.45 per dwelling? tion or consideration. As my report to the Commonwealth will demonstrate, pro­ Answer:- gress in my opinion has been quite spectacular. The only other State which "The petition has been referred to the has approved of an application up to a Mulgrave Shire Council for its repre­ few weeks ago was the State of Western sentations. I woufd inform the Honour­ Australia which had approved 16 cases. able Member that the Local Government We are ~!ready committed to an expendi­ Act 1936-1971 provides that a local ture of five and one-half million dollars authority may establish a common under­ and I have asked for a provision this taking fund in respect of two or more financial year of $5,000,000. There is no water supply undertakings. The exercise doubt that Queensland is well to the fore of this power is a matter within the sole in implementing the Scheme and has discretion of the local authority con­ already assured its share of the $25,000,000 cerned." allocated to all States over the 4-year period during which the Scheme is to operate. The average cost per farm is APPLICATIONS, RURAL RECONSTRUCTION approximately $26,000 which demon­ SCHEME strates that only smaller farms are being Mr. O'Dmmell, pursuant to notice, asked absorbed for amalgamation. The low The Minister for Lands,- value of the farms being acquired and the With regard to the operation to date of number of substandard blocks acquired for the Rural Reconstruction Scheme- amalgamation are good indications that the Scheme as implemented here is (1) What is the number of applicants? achieving worthwhile results in impr.ov~ng (2) What is the number of applicants the economy and welfare of the dmrymg (a) considered, (b) accepted for assist­ regions." ance, (c) rejected and (d) still under consideration? RENTALS FOR LEASEHOLD LA:--:D; (3) What is the classification of appli­ CANCELLATION OF FREEHOLDING cants by number in industries, e.g., wool, wheat, cattle, fruit, etc.? CONTRACTS Mr. O'DonneH, pursuant to notice, asked Answers:- The Minister for Lands,- ( I) "854." ( 1) With reference to rents and land tenure what actual changes have been (2) "(a) 385; (b) 41; (c) 101; and effected in rents charged primary pro­ (d) 469." ducers occupying leasehold country? (3) "This information is not presently available and the Honourable Member (2) As there have been suggestions that rental reductions and concessions have will realise this would take considerable time to prepare. When this information is altered primary producers' attitude to free­ available I will communicate with the holding tenure, have there. been any Honourable Member by letter." applications to cancel freeholdmg purchase lease contracts in order that the land­ holders will receive the previously­ mentioned benefits? If so, how many? IMPLEMENTATION, MARGINAL DAIRY FARMS RECONSTRUCTION SCHEME Answer: MT. O'Donnell, pursuant to notice, asked (1 and 2) "Consequent upon a judicial The Minister for Lands,- inquiry, the Government decided to What are the activities to date in regard reduce sheep standard rents as from to the implementation of the Marginal April 1, 1970. This decision has been Dairy Farms Reconstruction Scheme? implemented by seeking a reduced Questions Upon Notice [29 JULY 1971] Questions Upon Notice 29

standard of sheep rents generally to Answers: the average order of 30 per cent. when ( 1) "There has been no meeting of the referring relevant cases to the Land Court full Commonwealth/State Officials Com­ for determination: by similarly reducing mittee on Decentralisation. However, the sheep standard rents for the first rental Working Group of the Technical Sub­ period of renewed leases (and in which Committee met in May 1970 and April case a lessee, if he so desires, may seek a 197.1, and a substantial draft r~port was review of such rent by the Land Court) revrewed by the full Techmcal Sub· and by granting a 30 per cent. remission Committee on July 22, 1971. The Working of rent in respect of leases not yet falling Group was instructed to finalise the report due for reassessment of rent as required which, it is understood, will shortly be by law. Otherwise many concessions have presented to the full committee." been extended to landholders by virtue of the extension of period for payment of (2) "The Queensland member of the arrears of Crown dues including waiver of committee is the Co-ordinator-General of penalty, in approved cases, for late pay­ Public Works." ment and a liberalised payment plan under freeholding tenure. In consonance with the ( 3) "None of the studies undertaken by Government's policy which permits a lessee the committee are limited to Queensland." a free choice of leasehold or freehold according to entitlements in law, an appli­ ( 4) "The report of the committee will cation to revert from a freeholding tenure be tabled in Parliament when it is to a leasehold tenure is permitted and will received." be permitted where bona fide reasons are ( 5) "Since the major report is close to established for so doing. Freeholding publication, it is not, at this stage, proposed tenures over rura 1 lands are, for all intents to request the committee to undertake and purposes, Selection tenures and in additional studies." fact the 1910 Land Act carried a pro­ vision for the surrender of one Selection tenure for the grant of another Selection NOISE ABATEMENT CoMMITTEES, tenure and this provision has also been DEPARTMENT OF CIVIL AVIATION incorporated in the J 962 Act. I am aware Mr. Wright, pursuant to notice, asked The of only three Grazing Homestead Free­ Premier,- holding Leases having reverted, upon ( 1) In which Queensland cities has the application, to Grazing Homestead tenure." Department of Civil Aviation established noise abatement commi.ttees? (2) What representations have the State Col\~M!TTEE OF INQUIRY INTO Government and local government DECENTR.\LISATION authorities on these committees? Mt. \''right, pursuant to notice, asked The Prenlie:--,-·- ( 3) What recommendations have been ( 1) How many times has the committee brought forward by these committees? which was established by a decision of ( 4) What action has been taken to date the Premiers' Conference in July, 1964, to to combat the noise problem, especially consider the benefits of decentralisation, that resulting from aircraft? met since February, 1969? Answers: (2) Who are the Queensland members of ihis committee? ( 1) "Brisbane; Coolangatta; Cair~s; Mackay; Mt. lsa. It is expected th.at n01se (3) What studies on decentralisation abatement committees at Townsvtlle and have been carried out by this committee in Rockhampton will be set up this year." Queen&land? (2) "The State Government and local ( 4) Will he arrange to have all pro­ authorities are represented as follows:­ gress reports and any Queensland studies Brisbane-Brisbane City Council (Lord tabled in Parliament? Mayor or Town Clerk); State G.overn­ ment-Chief Engineer, Co-ordmator­ (5) If no Queensland studies have been Generai's Department. Coolangatia-Go!d made, will he request the committee to Coast City Council; Albert Shire Council; undertake immediate studies concerning Tweed Shire Council; State Government­ (a) .the comparative costs involved for Local Government Department (R. D. industry and individuals located in (i) King-Scott Chief Engineer); Co-ordinator· Brisbane, (ii) the coastal region and (iii) General's bepartment (R. Hessee, Archi­ tect). Cairns-Cairns City Council; Mul­ other country areas, (b) the relative cost grave Shire Council; State Government­ of providing public services in various District Engineer, Main Roads. Mackay;­ locations, (c) the sociological aspects of Mackay City Council; Pioneer Shtre life in Queensland country towns and (d) Council; Stale Goven~ment-Manager: traffic costs? Mackay Branch, Queensland Government 30 Questions Upon Notice (29 JULY 1971] Questions Upon Notice

Tourist Bureau. Mount !sa-Mount Isa ( 3) When will land administration City Council; State Government-Inspector matters, which were suspended pending of Mines, Mines Department." receipt of the report, be dealt with?

(3) "The committee has recommended Answer: that:-(i) The committee be provided with a chronological table of noise comple1ints; ( 1 to 3) "As the Isis Land Use Study (ii) The noise complaints pattern be Committee is under the chairmanship of related with (a) Noise abatement pro­ the Co-ordinator-General of Public Works, cedures, (b) Development of multi-units I suggest that the Honourab!e Member in Ascot/Hamilton area; (iii) A Report redirect his Question to the Honourable be made to the committee on the various the Premier." means of dispersing engine noises from grocnd running; (iv) A report be made to the committee on the degree to which TRAFFIC LIGHTS, NIKENBAH LEVEL Noise Exposure Forecast contours can be CROSSING further refined by accounting for topo­ Mr. :make, pursuant to notice, asked The graphical effects at a particular locality; Minister for Transport,- (v) A plan be devc:loped for a noise When is the installation of traffic warn­ information centre including venue, types ing lights at the Nikenbah level crossing of dioplay and manning." on the Maryborough-Urangan road ( 4) "A Sub-Committee of the Brisbane expected to take place? Airport Noise Abatement Committee has been formed to investigate all noise Answer: complaints." "As soon as the equipment is available."

MOTOR VEHICLE AIR-BAG SAFETY DEVICE SLEEPER AccoMMODATION, Mr. Wright, pursuant to notice, asked The ''WESTLANDER" Minister for Transport,- Mr. Aiken, pursuant to notice, asked The (1) Is he aware that air-bag restraint Minister for Transport,- systems can be designed to fit in front (1) Is he aware (a) that the West­ of the occupant of a motor vehicle ,to lander on June 11 had only one first-class inflate rapidly and automatically in the sleeping car :md that first-class sleepers event of a collision? were made up in second-class carriages and (b) that many bookings on this train (2) Has any investigation been carried were refused because of the shortage of out in Queensland into the use of such sleeper accommodation? air-bag restraint systems in motor vehicles as an added protection to occupants, (2) Has his Department plans for especially in head-on collisions? reducing the Westlander service to perhaps one each-way trip per week? (3) As the United States Federal Motor Vehicle Safety Standard No. 208 Answer: requires the fitting of passive restraint systems such as seat belts and air bags as (1 and 2) "The patronage afforded the from July 1, 1973, will he give considera­ Westlander train is very disappointing and tion to similar requirements in Queensland? while it is a fact that on June 11 one second class cabin in a composite of first and second class sitting cars was made Answers: up as a First Class compartment, the train (1) "Yes." on that date had only 80 passengers from Brisbane while the total accommodation on (2) "No, but we have received reports the train was 140. On the other days on of studies carried out in the United States which the train ran during the month of and I discussed the matter with officials June 1971, the following passengers of the Department of Transportation in travelled:-June 4, 40; June 8, 28; June Washington a fortnight ago." 15, 47; June 18, 32; June 25, 37; June 27, (3) "This is being considered by the 35, and June 29, 27. For the present Australian Transport Advisory Council." month the figures were as follows:­ July 6, 23; July 9, 24; July 13, 20; July 16, 40, and July 23, 38." REPORT, Isrs LAND UsE STUDY COMMITTEE RA!L FREIGHT RATES FOR STOCK. Mr. Blake, pursuant to notice, asked The NIITCIIELL-CANNON HILL Minister for Lands.- Mr. Aiken, pursuant to notice, asked The ( 1) Has tile report of the Isis Land Use Minister for Transport,- Study Committee been received? ( 1) Are truck freight rates from Mitchell (2) When will the report be made avail­ to Cannon Hill by rail higher for sheep able to Parliament? than for cattle? Questions Upon Notice [29 JULY 1971] Questions Upon Notice 31

(2) If so, what is the reason and will NEW HIGH ScHOOL, NoRTH RocKHAMPTON this matter be rectified in view of the low Mr. Thackeray, pursuant to notice, asked returns being received from sheep as com­ The Minister for Education,- pared with cattle? Has any decision been made in relation Answer: to a new high school at Farm Street, North Rockhampton and, if so, when ( 1 and 2) "This positiOn has existed will building commence? for very many years, at least as far back as 1898, However, when freight rates Answer:- were generally reviewed in 1960 the rates "No decision has been made on the for cattle and horses were increased by provision of a new high school in Rock­ 20 per cent. but no increase was made in hampton." the rates for sheep, In 1966 freight rates for all livestock were increased by 10 per cent. In 1968 these freight rates were DIMBULAH-CHILLAGOE RoAD reduced by five per cent." Mr. WaHis-Smith, pursuant to notice, asked The Minister for Mines,- TIMBER FOR ABORIGINAL HOUSING, Since the visit of the Minister for Labour CuNNAMULLA and Tourism to Chillagoe, has he made a Mr. Aiken, pursuant to notice, asked The request that the road between Dimbulah Minister for Works,- and Chillagoe be improved? If so, is Is he aware that third-grade timber is it intended to improve this road and to what being mainly used in the construction of extent? homes for Aborigines in Cunnamulla and that supplementary first-class timber is Answer:- being purchased by contractors for these "My colleague, the Minister for Labour homes from a local timber mill and sup­ and Tourism, has brought to my notice the plied at approximately the same landed desirability of carrying out some improve­ cost as the inferior timber? ment work on this section, and the Main Roads Department is at present looking into Answer:- a proposal to improve the crossing at Eureka Creek. Additionally, it is examin­ " In respect of hardwood the two con­ ing the overall maintenance position on the tractors are required to use select, standard, road." and building graC:es in the positions respec­ tively specified for such grades. The con­ tractors are also entitled, subject to certain WALKERS CREEK CROSSING, KARUMBA restrictions, to use cypress pine. At the RoAD time of tc;1dering prospective tenderers were informed that Messrs. H. R. & H. F. Mr. "Yallis-Smith, pursuant to notice, asked Grey, of Cunnamulla, would be interested The Minister for Mines,- in quoting for the supply of timber. Pro­ ( 1) Has he received numerous requests vided the timber complies with contract from prawn processors and others concern­ requirements the contractors are entitled ing the dangerous crossing at ·walkers to place their business where they prefer. Creek? Both contractors gave their address as (2) What action will be taken to repair Cunnamulh from which it might be this crossing in a permanent manner so expected that, all things being equal. they as to provide an outlet for the prawn com­ wol:ld prefer to deal with the local mill." panies and for the safety of the travelling public? Q.A.T.B. SITE, NORTH ROCKHAMPTON Answers:- Mr. Thackeray, pursuant to notice, asked The Minister for Lands,- ( 1) 'The question of improvement to the Karumba Road has been discussed by Have negotiations been completed for the Main Roads Department Assistant an area of land in Berserker Street, North Commissioner for North Queensland with Rockhampton, for use as a site for a representatives of cartage interests in the Q.A.T.B. centre? area and priorities for construction of Answer:- individual sections on the road have been fixed accordingly." "The question of the usage of the land (2) "It is planned to replace the exist­ referred to by the Honourable Member is ing causeway over \Valkers Creek with a still the subject of negotiation between bridge at a higher level in about two years' the Land Administration Commission and time." the Rockhampton City Council. I expect to be in a position to reach a decision on Mr. SPEAKER: Order! The honourable the application by the Q.A.T.B. and appli­ members for Brisbane, Cook and Toowoomba cations by other interested parties including East have been conducting a continuous Rockhampton City Council, in the near conversation during question time. If it future. I will advise the Honourable continues, I shall deal with them under Member in writing at the time." Rule 123A. 32 Questions Upon Notice [29 JULY 1971] Questions Upon Notice

VI/ATER SUPPLY TO ABORIGINES AT KOAH, how much was spent specifically for (a) OAK FOREST, MANTAKA AND KOWROWA staff seminars and (b) principals, deputy principals, subject masters and those others Mr. ~Na!Hs-Smith, pursuant to notice, asked appointed as moderators? The Minister for Conservation,- (2) How many staff teachers have ( l ) What is the position of the proposed actually attended departmentally-arranged water reticulation for residents at Koah, seminars? Oak Forest, Mantaka and Kowrowa? (2) Has any money been spent by the Answers:- Mareeba Shire Council from the grant by ( 1) "$40,386 as a direct cost which does the Government and, if so, what amount not include the salaries of persons taking and for what purpose? part in the seminars. It is not possible to indicate how much of this amount was Ansli''r:- spent on the two types of seminars indi­ cated since in many instances principals. ( 1 and 2) "As intimated previously to deputy principals and subject masters the Honourable Member, the Mareeba attended the same seminars as did staff Shire Council is the responsible water authority, and arrangements were that the teachers." Government would provide finance for the (2) "No exact figure can be given as construction of the facilities \1 hich would the Answer to this Question but practicaily become the council's property. The every secondary staff teacher in the State council has now varied its attitude and Education Department has had the oppor­ intimates that while it is prepared to carry tunity to attend some form of seminar or out the installation, it will not become the conference dealing with the implementation owner and therefore no funds have as vet of the proposals in the Radford Report. been made available. The Departm~nt Moreover, my Department has assisted has requested the council to reconsider." subject associations and the Queensland Teachers' Union to conduct seminars of this type." POLICE SUPERVISION, SCHOOL ROAD CROSSINGS RESIGNATIONS AND REAPPOINTMENTS, Mr. Baldwin, pursuant to notice, asked TEACHING SERVICE The Minister for Works,- Mr. Bah:lwin, pursuant to notice, asked In view of the many complaints I have The Minister for Education,- received from parents and teachers that some school crossings have been without ( 1) How many primary and secondary police direction- teachers resigned in the first half of this year? ( 1) How many police have been with­ (2) How many teachers, both male and drawn from such duty in the last few female and in each of the two sections, weeks? rejoined the teaching service in the same (2) Will he assure the parents con­ period? cerned that police protection at school (3) How many (a) temporary and (b) children's road crossings will be restored part-time teachers joined the service in the at the usual times at the earliest possible same period? date? Answers:- Answers:- ( 1) "The numbers of teachers that ( 1) "Dvring the past two weeks, out of resigned between January 1, 1971, and all school crossings usually manned by June 30, 1971, were:-Primary, 715; police personnel, only 13 such crossings in Secondary, 537. For more than one-half the Brisbane metropolitan area have not of these teachers, the resignations took been worked during both morning and effect at the end of the school vacation in afternoon periods." January. They therefore ceased teaching (2) ''Yes." at the end of the 1970 school year and do not strictly represent a loss to the service in the present year." IN-SERVICE TRAINING OF TEACHERS, (2) "The numbers of teachers that RADFORD REPORT were re-admitted to the service during the Mr. Baldwin, pursuant to notice, asked s:~me period were:-Primary: 37 males, The Mi:1ister for Education,- 328 females; total, 365. Secondary: 48 males, 180 females: total 228." With respect to the preparation for the implementation of the recommendations (3) "(a) Of the teachers who were of the Radford Committee- re-admitted to the service, 395 were appointed with temporary status. (b) ( 1) How much has been spent on in­ Supply 'B' teachers are employed on a service retraining of teachers from regcllar part-time basis and 49 of these January 1 to June 30, 1971, and of this joined the service in the period." Questions Without Notice [29 JULY ]971] Questions Without Notice 33

QUESTIONS WITHOUT NOTICE Mr. SPEAKER: Order! There is no neces­ sity for the Treasurer to provoke the honour­ DISTRICT REPRESENTATION, STATE WHEAT able member for Brisbane. BOARD Mr. McKECHNIE: I ask the Minister for MURDER OF MACKAY CHILDREN, TOWNSVILLE Primary Industries: As some confusion exists Mr. TUCKER: I ask the Minister for as to the number of growers to be elected to Works and Housing: Within the last month No. 2 District of the State Wheat Board, has any person who was held in any Austra­ that is, the Western Downs, will he advise lian prison confessed to the murder of the two whether one is to be elected, as previously, or Maekay girls at Townsville? If so, in what will the representation be increased to two prison was the man held, on what date members? approximately was the Queensland Commis­ sioner of Police notified of the confession Mr. ROW: I appreciate the honourable and what action was taken by him to deter­ member's action in drawing my attention to mine whether the confession had any basis the error in the Press release concerning the in fact? election of members to the State Wheat Board, Division No. 2. The Press release Mr. HODGES: I am not aware of the was to the effect that this district had only matter raised by the honourable member for one representative, but actually it is entitled Townsville North. to two. I shall be making a Press statement conveying the correct information. I might add that the ballot papers were released on SECURITY OF SCHOOL PREMISES 26 July, returnable on 23 August at 5 p.m. Mr. CASEY: I ask the Minister for Edu­ Provision is made in them for the election of two representatives. cation and Cultural Activities: In view of the large increase in recent years in the number REVOCATION OF STATE OF EMERGENCY of cases of breaking and entering of schools throughout the State, has the Education Mr. McKECHNIE: I ask the Premier: De ;artment made any special request to the In view of the successful application of the Pc ice Force for special patrols of schools, state of emergency, which has resulted in the pa: ticularly at week-ends? apparent calm exhibited at the Springbok Rugby Union matches, will the Premier Mr. FLETCHER: The question covers a indicate how soon after next Saturday•s inter­ subject that has concerned us very greatly. national match the Exhibition Grounds are We recognise that the incidence of breaking likely to be returned to the control of the and entering of schools has increased enor­ Royal National Association so that intending mously, and we have had conversations with exhibitors can have unimpeded access to the the Police Department and the Works grounds to enable them to ensure that this Department on the subject of some practical year's Exhibition is not affected by the way of coping with a very difficult situation. present state of emergency? I might add that The police perform for the department a I am very pleased it was declared. great deal of work outside their ordinary surveys of the public domain in the evenings, Mr. BJELKE-PETERSEN: The Govern­ and the Works Department has strained ment is very keen to ensure that the success every nerve to provide securely locked areas, of the Exhibition is not impaired in any way which is very difficult because professionals by the present state of emergency. Provided can gain entry to almost any premises if they there is no disturbance during the inter­ really want to. national football match on Saturday next, We have come to the conclusion that, for and the property of the Royal National Association does not sustain any damage, the present anyway, we have to take all the police supervision of the grounds will be practical precautions we can, accept all the withdrawn as from midnight Saturday. The help that the police can give us, and gener­ question of the termination of the period of ally try to devise a better system of locking the state of emergency, as it applies in up, with perhaps even a system of part­ general, will be considered by Cabinet on time overseeing of the situation. We have Monday. considered the possibility of engaging Mr. Davis interjected. watching services, but the expense is calamit­ ous. The cost of most of the other sugges­ Mr. SPEAKER: Order! I warn the tions that have been made is also honourable member for Brisbane for the last calamitously high. time. I can assure the honourable member for Mr. Davis: I have only just arrived. Mackay that we have the same feeling of Sir Gordon Chalk interjected. concern over this matter as he has. We are developing, we hope, methods of coping with Mr. Davis: Did you hear what the it. and, if the honourable member is inter­ Treasurer said, Mr. Speaker? What are you ested in this problem, I can keep him advised goin'j to do about that? on what we do about it. 2 34 Questions Without Notice (29 JULY 1971) Time Limit of Speeches

COMPULSORY WEARING OF MoTOR VEHICLE this will be done in the same highly efficient SEAT BELTS manner as it always has been done by the Traffic Branch. Mr. R. JONES: I ask the Minister for Transport: Is he aware of the decreasing SITTING DAYS road toll in Victoria since the passing of the compulsory seat-belt laws in that State? Will SESSIONAL ORDER he be following the example of the other Hon. J. BJELKE-PETERSEN (Barambah States, or has any consideration been given -Premier): I move- to implementing laws to enforce the com­ pulsory wearing of seat belts in motor "That unless otherwise ordered, the vehicles in Queensland? House will meet for the dispatch of business at 11 o'clock a.m. on Tuesday, Mr. SPEAKER: Order! The question Wednesday and Thursday in each week, appears to relate to policy. However, I will and that on Tuesdays and Thursdays, and, leave it to the Minister. after 1 o'clock p.m. on Wednesdays, Government business shall take precedence Mr. KNOX: As has been pointed out, the of all other business." question of legislation in this field is a matter of policy, which will be announced Moticn agreed to. in due course. I am aware that in Victoria the death toll on the roads this year is MATTERS OF PUBLIC INTEREST lower than it was last year. However, I would point out that at the same time as the SESSIONAL ORDER Government of Victoria introduced the com­ Hon. J. BJELKE-PETERSEN (Barambah pulsory wearing of seat belts it also intro­ -Premier): I move- duced legislation tightening up on drunken "That during this session, unless other­ drivers and bringing Victoria's legislation wise ordered, and notwithstanding the into line with the legislation in Queensland. provisions of Standing Order .No. 17, on At that time, too, the South Australian each sitting Wednesday a penod shall be Government announced that it would not be allotted until 1 o'clock p.m. for discussion introducing the compulsory wearing of seat of matters of public interest on which any belts, and the death toll has decreased in member may address the House for ten that State, also. minutes. If the discussion is still pro­ ceeding at 1 o'clock p.m., it shall be CONSTRUCTION OF MER!V ALE STREET terminated by Mr. Speaker." RAILWAY BRiDGE Motion agreed to. Mr. R. JONES: I ask the Minister for Transport: When is it expected that constmc­ TIME LIMIT OF SPEECHES tion will begin on the Merivale Street bridge to connect the suburban railway systems, SESSIONAL ORDER as recommended for immediate action in Hon. J. BJELKE-PETERSEN (Barambah the first stage of the Wilbur Smith Transportation Survey for Brisbane? -Premier): I move- "That during this session, unless other­ Mr. KNOX: There has been no announce­ wise ordered the following amendments to ment as to when the construction of this the times ~llowed for certain speeches bridge will be started. shall apply:- '(1) Under Standing Order No. 37A TRAFFIC CoNGESTION, SHAFSTON AVENUE (Disallowance of Proclamations, Orders in Council, Regulations or Rules): Mr. BROMLEY: I ask the Minister for Mover of the motion, fifteen Works and Housing: Is he aware that since minutes· seconder of the motion and the opening of the four-lane highway in any other member, ten m~nutes; Shafston Avenue, peak-hour traffic, particu­ Minister in reply, twenty mmutes. larly in the mornings, is held up considerably Total time allowed, two hours.' from the traffic lights at the intersection of this avenue with Lytton and Wellington '(2) Under Standing Order No. 109 Roads, and in fact backs up as far as (Time Limit of Speeches): Galloways Hill? (a) Paragraph 4-In Co~mittee on In view of the many complaints I have a Bill Motion or Estlmate-sub­ received from motorists proceeding to and stitute ' "ten minutes" for "fifteen from the city, as well as from motorists minutes". endeavouring to enter Lytton Road from (b) Paragraph 8-In Committee on their homes in peak hours, will he investigate the introduction of a Bill-substitute the situation and also have policemen control "twenty minutes" for "twenty-five the traffic, particularly at the intersections minutes".' I have mentioned? "All other provisions of Standing Orders Nos. 3 7 A and 109 shall continue to Mr. HODGES:' I will have the matter apply." investigated. If the investigation reveals that the services of traffic police are required, Motion agreed to. Overtime Paid in Govt. Depts. [29 JULY 1971] Electoral Districts Bill 35

SUSPENSION OF STANDING ORDERS overtime paid in each Government depart­ APPROPRIATION BILL (No. 1) ment (ail funds) in 1970-71." Motion agreed to. Hon. J. BJELKE-PETERSEN (Barambah -Premier): I move- MINISTERIAL EXPENSES "That so much of the Standing Orders be suspended as would otherwise prevent ORDER FOR RETURN the constitution of Committees of Supply and Ways and Means, the receiving of Mr. TOMKJNS (Roma): I move- Resolutions on the same day as they shall "That there be laid upon the table of have passed in those Committees, and the the House a return, in the usual form, of passing of an Appropriation Bill through expenses of Ministers for the period 1 July all its stages in one day." 1970 to 30 June 1971, inclusive, showing Motion agreed to. each separately and in detail." Motion agreed to.

ELECTORAL DISTRiCTS BILL ELECTORAL DISTRICTS BILL

INITIATION INITIATION IN COMMITTEE Hon. J. BJELKE-PETERSEN (Barambah (The Chairman of Committees, Mr. Hooper, -Premier): I move- Greenslopes, in the chair) "That the House will, at its present Hon. J. BJELKE-PETERSEN (Barambah sitting, resolve itself into a Committee of -Premier) (12.7 p.m.): I move- the Whole to consider introducing a Bill "That a Bill be introduced to make pro­ to make provision for the better distribu­ vision for the better distribution of tion of electoral districts." electoral districts." Motion agreed to. Honourable members have been expecting this BilL and I am pleased to say that I believe THE CRIMINAL CODE AND THE it ' ·ill satisfy the greatest expectations of OFFENDERS PROBATION AND all here and the people of the State at large. PAROLE ACT AMENDMENT BILL As honourable members are aware, the Government has given a great deal of thought INITIATION to this measure since a similar Bill failed Hon. P. R. DELAMOTHE (Bowen­ to meet with general agreement in the House Minister for Justice): I move- in April last. The time that has been lost since then in commencing a redistribution is 'That the House will, at its present unfortunate, but it has been unavoidable. sitting, resolve itself into a Committee of the Whole to consider introducing a Bill This Bill provides for 82 electorates instead to amend the Criminal Code and the of the present 78, and the increase of four Offenders Probation and Parole Acts 1959 seats will allow fuller representation. The to 1968, each in certain particulars." Bill proposes four zones, based on local authority boundaries: a South-eastern Zone, Motion agreed to. a Provincial Cities Zone, a \Vestern and Far Northern Zone, and a Country Zone. FEES PAID BY CROWN TO BARRISTERS The South-eastern Zone will embrace 47 AND SOLICITORS electorates; the Provincial Cities Zone, 13; the \Vestern and Far Northern Zone, seven; ORDER FOR RETURN and the Country Zone, 15. Mr. WH!~RTON (Burnett): I move- The South-eastern Zone-in effect, the south-eastern corner of the State-takes in "That there be laid upon the table of the House a return showing all payments the cities of Brisbane, Gold Coast, Ipswich, Redcliffe and Toowoomba; the shires of Red­ made by the Government to barristers and land, Albert, Beaudesert, Boonah, Moreton, solicitors during the 1970-71 financial year, Laidley, Gatton, Crows Nest, Esk, Nanango, stating the names of the recipients and the Kilcoy, Noosa, Maroochy, Landsborough, amounts received, respectively." Caboolture, Pine Rivers, parts of Rosalie and Motion agreed to. Widgee, and the islands in Moreton Bay. This zone is about equal in area to Victoria. OVERTIME PAID IN GOVERNMENT The Provincial Cities Zone proposes three DEPARTMENTS electorates in each of the Bundaberg, Central Queensland and Townsville areas; two in the ORDER FOR RETURN Cairns area; and one in each of the Mackay and Mt. Isa areas. The 3-seat Bundaberg Mr. I\1ARGINSON (Ipswich East): I area comprises the cities of Bundaberg and move- Maryborough, the shires of BuJTum and Isis, 'That there be laid upon the table of and part of the Woongarra shire. The 3- the House a return showing the amount of seat Central Queensland area will be made 36 Electoral Districts Bill [29 JULY 1971] Electoral Districts Bill up of the city of Rockhampton, the town to distribution of zones and exhibit their of Gladstone, the Calliope and Mt. Morgan maps and proposals in public places. In shires, and part of the Fitzroy shire. The short, normal machinery measures employed 3-seat Townsville area takes in the city of in making a redistribution will be used. Townsville and the shire of Thuringowa. The Having dealt in outline with the provisions 2-seat Cairns area will comprise the city of the Bill, I think I should make one or of Cairns, the shire of Douglas and parts of two comments in connection with it for Mareeba and Mulgrave shires. greater clarification of the measure. During The Western and Far Northern Zone com­ the special adjournment of the House the prises the city of Charters Towers, the town Leader of the Opposition publicly pronounced of Roma, and the shires of Tara, Warroo, on a few occasions that he was in favour Balonne, Paroo, Bulloo, Murilla, Bendemere, of electoral commiSSIOners simply being Bungil, Booringa, Murweh, Tambo, Blackall, handed a map of Queensland and an instruc­ Quilpie, Isisford, Barcoo, Diamantina, tion, "Divide this into the specified number Duaringa, Bauhinia, Emerald, Peak Downs, of electorates." Admittedly, the suggestion Belyando, Jericho, Aramac, Barcaldine, must have appealed to many fair-minded Ilfracombe, Longreach, Winton, Boulia, electors, and, I can assume, to the Leader Flinders, Richmond, McKinlay, Etheridge, of the Opposition and other honourable Croydon, Carpentaria, Cook and parts of membe-- > opposite, but the solution to a Waggamba, Bowen, Dalrymple and Mareeba. satisfacory redistribution is not quite so This is a huge zone, approximately 470,000 simple. square miles in area-more than two-thirds Firstly, the Parliament was elected to the area of Queensbnd in fact-and easily deal with this matter along with many able to accommodate the whole of New others and it would be neither proper nor South Wales, Victoria and Tasmania within fair to pass the responsibility to electoral its boundaries. It has a population of only commissioners. I can find no precedent for about 100,000 people-or one person to each it ever having been done in Australia or 4i square miles-and it will get only seven in any other part of the world where they parliamentary seats. But consider this: if have Parliamentary electorates, and I would the zone was simply divided into electorates be obliged to the Leader of the Opposition on an area basis, each of the seven electorates if he could show me precedent. would be th:·ee-quarters the size of Victoria, Next, the proposed increase in the number or well over two-and-a-half times the size of electorates is based on sound reasoning. of Tasmania. Nobody can deny the simple Eighty-two seats will provide one member justice of giving electors in such a vast area of Parliament for every 22,195 Queens­ special consideration in a redistribution of landers. Justification for the increase becomes electoral boundaries. For less territory than evident when we look at the representation that covered by the Western and Far Northern given in the last two redistributions. Zone, New South Wales, Victoria and Tas­ The Hanlon Government in 1949 mania allocate a total of 204 lower House increased representation from one member seats. for 18,871 people to one member for 15,600 The Country Zone will comprise the people. In 1958 the Nicklin Government remaining parts of the State not included improved a position deteriorating through in the other three zones. population growth by proposing one member The Bill provides for the appointment of for 18,577 people instead of one member three electoral commissioners to undertake for 19,320 people. It can be seen then the redistribution, using electoral enrolments that, although this Bill provides for four in the various zones at 31 December last. additional seats, representation per head of population will still be lower than what was Separate quotas for all except the Provincial thought reasonable by the Hanlon and Nick­ Cities Zone will be arrived at by dividing the lin Ministries and, in fact, the lowest it has number of electors enrolled in the particular ever been in the State's history. zone by the number of electorates prescribed The step to increase the number of seats for that zone. As the Provincial Cities Zone has been taken by the Government in an defines specific "areas", quotas will be fixed endeavour to bring about greater numerical for those areas. evenness in size of electorates within regions The commissioners may adopt a margin of as well as to provide satisfactory representa­ allowance, but quotas shall not in any tion. Of course, we all realise the impos­ electoral district-except, possibly, electorates s:bility of bringing about numerical even­ in the Western and Far Northern Zone-be ness for the State as a whole, and no departed from to a greater extent than one­ Australian State has ever achieved it. Seem­ fifth more or one-fifth less. If the commis­ ingly the States never will, for one only sioners believe circumstances warrant special has to look at the variable electoral enrol­ treatment for an electorate in the Western ments for seats returning members to the and Far Northern Zone, then the quota may House of Commons to realise that absolute be departed from to a greater extent than parity of representation for all is an ideal­ one-fifth. istic dream-nothing more, nothing less. Following established practice the com­ As mentioned, all the other Australian missioners will consider written suggestions States have had to resort to allowing dif­ or objections from the general public relating ferent quotas for different regions and even Electoral Districts Bill (29 JULY 1971] Electoral Districts Bill 37 variations of those quotas within the dif­ Mr. HOUSTON (Bulimba-Leader of the ferent regions. New South Wales, for Opposition) (12.23 p.m.): But for the fa~t example, has a Central Area of 63 seats that this is a very important Bill that IS with prescribed quotas a little in excess of of great seriousness to the people of Queens­ 28,000 electors and a Country Area of 33 land one would I think, be justified in seats whose quotas are more than 8,000 simply passing it off. But this matter is fewer. of great importance to Queensl~nd, ~nd Victoria and South Australia follow the again the Premier is introducing a Brll dealmg same pattern. The Port Phillip Area of with it. It is not my intention to re-hash all Victoria has 44 electorates with a prescribed that was said on the introduction and second quota of approximately 25,000. Its Country reading of the previous Bill, because I believe Area of 29 electorates includes eight pro­ that it is very clear to all who take an vincial seats with a quota of 22,250 and interest in these matters that there is a 21 district seats with a quota of 18,200. need for redistribution, and that the Govern­ Thus, even in that small State, which is ment parties have for some time been arguing no larger than our south-eastern corner there and squabbling over what the Bill should is a quota difference of 6,800. contain. South Australian electoral boundaries I say to the Premier that I do not accept were redistributed two years ago. There his arguments, nor do I accept the opinio~s are 28 metropolitan seats with a quota and the figures that he used to bolster his of 15,055 and a variation allowance of case. Let us look at what happened just 10 per cent. and 19 country seats with a before 17 minutes past midnight on 31 quota of 9,647 and a 15 per cent. variation March 1971. Prior to that time, a Bill allowance. As a consequence, the metro­ had been introduced described as "A Bill politan seat of Price has an enrolment of to make provision for the better distribution of 16,164, and the country seat of Frome electoral districts." If my memory is correct, has 8,576. that is the exact title used on the previous Tasmania uses Federal electoral divisions Bill. for its Lower House elections, seven members What happened to that Bili, in respect of being returned on a proportional representa­ which the Governo? agreed to recommend tion basis for each of five divisions. With that finance be made available? It was a total of 35 seats in the Lower House, the brought before honourab!_e members, and average number of electors that a member Parliament decided that It would support represents is 6,007. the introduction of the Bill. Parliament The positiOn in Western Australia rs decided also that the second reading would especially noteworthy. Like Queensland, it be agreed to. Then honourable members went has to cater for an electorate of great area, into the Bill in detail, and clauses 1, 2, and the way in which it has done this is 3 and 4 were passed without amendment. very interesting. It has 23 metropolitan Clause 5 was amended by a vote of the electorates, with 11,523 electors; 24 agri­ majority of members in this Chamber. At cultural, mining and pastoral electorates, with that stage, of course, the Premier rose ar;d 5,822 electors; and four seats in the North­ said "I will have to have a look at this. West-Murchison-Eyre area with no fixed We ' cannot have this. vVe cannot have quotas at all! The boundaries of these democracy working in this way. I will last four seats are defined in the Act, giving not have Parliament determining these rise on 1971 figures to the following issues. They have to go along the way I position:- want them to, irrespective of what Parliament The average enrolment for the 23 metro­ determines." politan seats is 15,144 electors, and, for the No member of this Chamber can deny that four North-West-Murchison-Eyre area seats, that was a properly constituted sitting of 3,888. Even the average enrolment for the Parliament. The amendment may have been remaining 24 seats is about two-thirds lower passed in the early hours of the morning, than the average in the metropolitan area. but the sitting of Parliament was properly In Western Australia we therefore find these constituted. It was decided in this Chamber extremes-the metropolitan seat of Canning with 21,346 voters, and the Murchison-Eyre to amend clause 5. seat, in the "Never Never", with 1,840 Mr. R. E. Moore: Why didn't you carry electors. on, if you had the numbers? I have quoted these figures from the other Mr. HOUSTON: We did not carry on States to show the over-all problem in defining because some members of the Liberal Party satisfactory electoral boundaries. I have got cold feet and stayed on that side of the done so also in the hope-perhaps the Chamber. I know what threats were made; 1 forlorn hope so far as honourable members know what promises were made to one of opposite are concerned-that the Committee the honourable member's colleagues. will look at the present Bill realistically Mr. R. E. Moore: There were none, and and without party political bias. If this you know it. is done, I believe that the Bill we have under consideration will allow the Parliament Mr. HOUSTON: Let that be a warning to to provide for Queenslanders the greatest the honourable member for Albert and other measure of electoral justice possible. honourable members opposite. On that 38 Electoral Districts Bill [29 JULY 1971] Electoral Districts Bill occasion the honourable member for Albert to carry out its duties. So we agreed with rose and said, "I am against the Bill. l the members of the Liberal Party who sub­ intend to vote with my mates." mitted the amendment, and the fact is that it was carried and became part and parcel Mr. R. E. Moore: He made no such state· of the Bill. However, the Premier decided, ment. anparently with the support of Cabinet, that Mr. HOUSTON: What happened when he p"arliament is not supreme in this State and was promised the Senate vacancy? He stayed that the whole matter should be taken com­ on that side of the Chamber. Did he get the pletely out of Parliament's hands. It :was Senate vacancy? Of course he did not! Let taken out of Parliament's hands and put mto that be a lesson to certain members on the the hands of the back-room boys of the Government side of the Chamber. I hope Liberal and Country Parties-the outside the honourable member for Albert will directors, the faceless men of the Liberal remember after the next election, when he is and Country Parties. no longer a member of this Assembly, what Government Members interjected. he was promised. Let us now have a look at one of the Mr. HOUSTON: Honourable members clauses of the Electoral Districts Bill that was opposite do not like it, I know that. Mr. Rob­ passed before there was any dissension within inson and Mr. Sparkes were the ones who, the Liberal Party or between the Government without reference to their parliamentary col­ parties. Clause 4 provided- leagues, decided how many seats there would be. How many honourable members opposite "Number of members of Legislative decided that there were to be 82 seats? A Assembly. (1) From and after the expir­ couple of them suggested it in the Chamber, ation by effiuxion of time or the sooner but there were many of them who said dissolution of the present Legislative there was no justification for more than 78 Assembly, the Legislative Assembly shall seats. Let us have a look at what some of consist of seventy-eight members." them said when they were arguing that there That clause was passed unanimously. What was no justification for 82 seats. Mr. Eric pressures were brought to bear on Govern­ Robinson, president of the Liberal party-- ment members-- Mr. Hinze: He isn't here. Mr. R. E. Moore: None. Mr. HOUSTON: I know he is not here. Mr. HOUSTON: Well. the honourable member has changed his mind for no reason. Government Members interjected. Is he imbecilic? Surely he does not change The CHAIRMAN: Order! his mind merely for the sake of changing it. Mr. HOUSTON: They do not like the 'Parliament dcc;ded that there should truth being thrown at them. Their memories be 78 seats, and the Premier has not given are very short. any reason why there should be an increase Government Members interjected. in that number. He has said that he pro­ poses to give the State better representation. Mr. HOUSTON: They can throw anything Does he agree that Government members they like at me, but it will not stick. have given poor representation in the past? Mr. Robinson said the Liberals were I claim that honourable members on this adamant that there should be no increase. side of the Chamber-the honourable mem­ The newspaper article I have here states­ ber for Salisbury, the honourable member for "Party negotiators are due to meet again Delmont, the honourable member for Logan, soon in an attempt to reach a compromise." and others representing a very large number of electors-have given first-class represent­ That is what Mr. Robinson said on 7 October. ation to the people of their electorates. The Later, he said-- only reason why the Premier claims that Mr. R. E. Moore: He isn't here. better representation could be given is that some of his colleagues have given poor Mr. HOUSTON: I know he is not. Let representation in the past. me make this clear: I should not mind if Government members had not expressed an When clause 5 of the Electoral Districts opinion in this Chamber. In those circum­ Bill was submitted by the Government, it stances they could have changed their minds was rejected and a new clause was inserted as much as they wanted to. But every one in its place. As far as I am concerned, of them voted for 78 seats. If there is a that clause v1•as adopted. The Labor Party, change now, it must have come from outside. as I said on behalf of honourable members on this side of the Chamber at the time, Mr. HINZE: I rise to a point of order. did not think it was perfect-we thought Mr. F. P. Moore: Tell us what you said it had quite a few shortcomings-but the in the Chamber. point was that we believed that a redis­ tribution commission should be given maxi­ The CHAIRMAN: Order! I ask the mum time to do its job. After all, surely honourable member for Mouri!yan to con­ no-one would suggest that such a commission tain himself while a point of order is being should not have as much time as possible heard by the Chair. Electoral Districts Bill [29 JuLY 1971] Electoral Districts Bill 39

Mr. HINZE: My point of order is that I Mr. Hinze: How did you get on in Mary­ simply want to tell the Leader of the borough? Opposition that when I spoke in the Address­ in-Reply debate last year I said there should Mr. HOUSTON: The electors of Mary­ be 82 seats. borough certainly rejected the Country Party, and if time allows I will deal with Mr. HOUSTON: This is typical of the some of the lies and filth spread in support Liberal and Country Parties. When it is of Government candidates during that cam­ popular to tell a group of people something, paign. they tell them what they think they would The Premier, in attempting to justify the like to hear. But when they are put to new set-up, referred to New South Wales. the test it is a different story. The honourable We will look at this matter in greater detail member for South Coast did refer to 82 seats when we get the Bill, but at present I am in the Address-in-Reply debate, but what more concerned with the reasons advanced happened when the Bill was before Parlia­ for increasing the number of seats. I ment? He voted for 78 seats. He cannot reiterate that the Labor Party believes that deny that. there is no justification at all for an increase Mr. Robinson said that there was no in the number of seats in Queensland. How­ justification for any increase in seab. He is ever, as the Premier referred to New South the president of the Liberal Party. What Wales, I shall place on record the sizes of about the Leader of the Liberal Party in some of the seats in that State after a recent this Chamber? He is very quiet. What was redistribution. the position in January of this year? This Bligh, a metropolitan seat in Sydney, has is what one newspaper wrote- an enrolment of 28,778; Coogee has 29,609; "Mr. Chalk made it clear that his hopes and Kirribilli has 28,075. That is the were not based on any Liberal Party position in those electorates, yet the Premier capitulation. He said that he was adamant is saying that in Queensland one man cannot that 78 Parliamentary representatives were represent 5,000 or 6,000 electors. Those sufficient for successful government." figures show what members in New South Wales can do. What pressures have been applied to these men to make them change their minds? Let us look now at some of the smallest non­ After voting here for 78 seats and making metropolitan electorates in New South Wales. public statements in support of 78 seats, Maitland, an area of 351 square miles, has Government members are now asking for a 21,625 electors on the roll; Cessnock, an greater number of seats. electorate of 397 square miles, has 21,338; and Lismore, an area of 530 square miles, What did the Country Party really want? has 19,943. I turn now to some of the They kicked off originally by saying, "We largest non-metropolitan electorates in New want 79 seats," which they tried to justify. South Wales. Castlereagh, an area of They then increased it to 82 seats. The whips 64,472 square miles, has an enrolment of started cracking, and people in some of the 19,328 electors, larger than any possible country branches said, "What about us?" electorate in Queensland on the basis of Then someone else got a brainwave and said, a 78-seat distribution. Broken Hill, an area "82 is no good. That will not make a seat of 59,979 square miles, has 19,904 electors. for me. Let's make it 83 seats." The One could go on and show that in every Liberals then came back and said, "No; it has case the electorate enrolment in New South to be 78." Wales is much higher than it is in Queens­ I think one of the smartest cartoons I land. have seen for-a long time was published in I know that honourable members opposite 'The Courier-Mail" on 28 October 1970. will refer to the Upper House in that State, It shows, I think, the Treasurer and' the but members of the Upper House are not Premier. I am in the background but that full-time members of Parliament and very is apparently of no consequence. The caption few constituents approach them with their reads "No Seat Increase? One vote, one problems. That is not their function as they value? Next thing, you'll have the electors are members of what is purely a House of choosing the Government!" This is what review. So far as electors in New South worries us. What did the Treasurer say 'Wales are concerned, their member of Par­ after the previous Bill was defeated, when he liament is the member of the Lower House. was asked why the boundaries had to be As my time is running out, let me pass as they were? He said, "I will do anything now to the electoral commission. I make to keep the Labor Party out of power." it very clear that whatever submissions are He said he would do anything at all, with made to that commission they should be the boundaries or anything else. made in public. We do not want any behind­ I come now to some of the other things the-door submissions. I am completely dis­ that worry us. gusted as I move around this House to hear Liberal and Country Party members of Par­ A Government Member interjected. liament discussing amongst themselves what Mr. HOUSTON: I know honourable mem­ their new boundaries will be. bers opposite support their Treasurer. Mr. R. E. Moore: That is not true. 40 Electoral Districts Bill (29 JULY 1971] Electoral Districts Bill

MK". HOUSTON: It is true. I know what amazing pieces of legislation that have been Government members have said and done brought before this Parliament. It is also in regard to the metropolitan area and I pertinent to remark, as my leader has done, know what they have done about country that in the earlier Bill the Government had arens as welL As a matter of fact, if there a golden opportunity to provide for certain is any more of this, I will say to any man things that we, e necessary at that time, so of honour and integrity, "Don't sit on this it was with a great deal of sorrow that Commission, because the whole thing is a we noticed the dissidents in the Liberal Party rcrt and is already determined." who had the opportunity then to do something Let there be no doubt about the Labor worth whi;e and to introduce

our ]Jlatform which has been a party it should have. In all its forms, the device plank since· our inception, of 'one vote, is thoroughly subversive of the democratic one value'. process." "It is accepted that the real-politics of That statement, made by the committee set coalition stability may require that in up in 1959 to review the Australian Con­ consideration of electoral re-distribution stitution, clearly shows that even in those . after the May 17 election, the Liberal and days it was believed that the creation of Country Parties meet somewhere 'in the electoral divisions was subversive of the middle' on this question. democratic process. "But equally it should be understood that The Bill now before the Committee pro­ whilst Country Party members may work poses to establish four zones or electoral from a base of rejecting the 'one vote, divisions, and in those divisions there will be one value' principle, as a Liberal I believe the same disparity of voting envisaged by myself committed to work from the base that committee. The proposed principle of of demanding it." four zones was condemned by the 1959 Joint Committee on Constitutional Review. I Apparently the Liberal Party has abandoned therefore believe that the gerrymander that this business of "demanding" or "working" will follow the passage of the Bill will in from this base, because there is no way in effect prove that the people of Queensland the world that this Bill will bring about any­ are not being given a "fair go". thing approaching one vote, one value. I further reinforce my argument by The Premier stated this morning that referring to the editorial of "The Courier­ quotas may be 20 per cent. up or down, and Mail" of 1 April 1969. It was headed, that even that percentage may be departed "Putting a value on our votes", and it from in some instances. I wonder what some stated- of the country quotas will finally be. I and "The Premier's recent criticism of the my party say that if what the Premier stated Labor Party for supporting 'one vote, one is in fact the case, we could again well find value' at State elections has brought to ourselves with the "rotten borough" type of public attention not only the division electorate in country areas, and on the between the Labor Party and the Country fringes of Brisbane and some provincial Party, but the differences between the cities, with quotas as they are at present. Country Party and the Liberal Party on I have 18,000 to 19,000 in my electorate, and this issue. adjoining it is one of about 7,000 electors. This is a matter on which some I can see that that situation will continue, Ministers probably would have liked to and I am quite disillusioned about it. I have let sleeping dogs lie until after the believe that members of the Country Party forthcoming elections. However, now the in the northern part of the State will also issue has been raised by the Premier, the be utterly and completely disillusioned. public has a right to expect the coalition I reinforce my argument on the one vote, parties to tell them in their election policy one value question by referring to the recom­ what they plan to do." mendations of a Joint Committee on Con­ [Sitting suspended from I to 2.15 p.m.] stitutional Review appointed on 30 April Mr. TUCKER: Before the recess for lunch, 1959 by the Australian House of Representa­ I was quoting from a leading article in "The tives to carry out a thorough investigation Courier-Mail" of Tuesday, 1 April 1969. It of the Australian Constitution. The com­ continued- mittee had on it four Liberals, two Country "There has to be a redistribution of seats Party members and six representatives of undertaken by the new Parliament. That the Australian Labor Party. It was is clear. The present distribution of seats, therefore evenly balanced. One of the as a result of population changes, is recommendations of the committee, in unbalanced and unsatisfactory. paragraph 329, was that all electorates in "What should also be equally clear is each State should, as nearly as possible, have that the existing division of the State into the same number of voters. That recom­ three electoral zones-metropolitan, pro­ mendation came from members of the Liberal vincial city, and country-needs also to be Party, the Country Party and the Australian discarded. It was never a sensible scheme Labor Party. This all-party committee and operates even more unfairly today condemned the practice of having some electorates with fewer voters than others. It than when it was introduced." recommended that there should be no more If in fact that was so at that time, it will than a 10 per cent. allowance in electoral be doubly so under the Bill that the Premier enrolments. is introducing today. He discards the principle of one vote, one value when it In condemning the rigging of electoral suits him, but adopts the principle when he boundaries it said- wishes to make a point. He said today "One form of gerrymandering is the that 82 members will give one member for creation of electoral divisions in which each 22,000 people. It is obvious, therefore, there are substantial disparities in the that he grasps the principle quickly to make ·number of enrolled voters so securing a a point and then just as quickly discards political party greater representation than it. Electoral Districts Bill (29 JULY 1971) The Criminal Code, &c., Bill 43

Finally, I believe that the proposed Bill NoEs, 25 is a sell-out of principles by the Liberal Aiken Newton Party. It is a sell-out by Mr. Robinson, Baldwm O'Donnell Blake Sherrington president of the Liberal Party, obviously Bousen Thackeray because he wishes to become the Federal Bromley Tucker member for JVIcPherson and could not care Hanlon Wallis-Smith Houston Wood, B. less what happens in the future to the Liberal Inch Wood, P. Party in Queensland. It is a sell-out by Jones, R. Wright the Deputy Leader of the Liberal Party, Jordan Lloyd Tellers: Dr. Debmothe. Likewise, he does not care Margins on what happens to the Liberal Party because Melloy Casey we have it on good authority-the statement Moore, F. P. Jensen appeared in the Press again today-that the PAIRS: good doctor will leave in the next few Rae Dean months to be Agent-General for Queensland Sullivan Hanson in London and, th.erefore, his interest in the McKechnie Bennett Liberal Party will then cease. I should MUller Davis say, too, that it is a sell-out by the leader of Resolved in the affirmative. the Parliamentary Liberal Party, Sir Gordon Resolution reported. Chalk. Apparently Sir Gor·don also is going to leave Parliament, if one can take as true FIRST READING the statement appearing on page 2 of today's Biil presented and, on motion of Mr. "Telegraph". It says- Bjelke-Petersen, read a first time. "Pressure on Chalk to Stay "Liberal pressure is increasing on the THE CRIMINAL CODE AND THE Treasurer, Sir Gordon Chalk, to remain OFFENDERS PROBATION AND in politics." PAROLE ACT AMENDMENT BILL Apparently he is leaving politics. I wonder INITIATION IN COMMITTEE whether he \\ill accept the offer made by (Mr. Houghton, Redcliffe, in the chair) Utah. The article says also- Hon. P. R. DELAMOTHE (Bowen­ "Sir Gordon is likely to wait to see Minister for Justice) (2.27 p.m.): I move- the new electoral boundaries before making 'That a Bill be introduced to amend a decision." the Criminal Code and the Offenders I should say that, if the honourable gentle­ Probation and Parole Acts 1959 to 1968, man sees that statement, there is no doubt each in certain particulars." that he will leave politics, because it will not In tl.c rdorm programme submitted by suit the Liberal Party. It is a negation of the Law Reform Commission for the exam­ ever) democn1tic principle to keep the Premier ination of different breaches of the law for in his present job. the purposes of reform, consolidation and review of sta:ute law there was included an (Time expir~d.) item which required the Commission to Hon. J. BJELKE-PETERSEN (Barambah­ consider whether the distinction should be Premier) (2.18 p.m.), in reply: I have maintained between the crimes of wilful murder and murder. listened to what the Leader and the Deputy Leader of the Opposition have said. All This reform programme was approved by I can say is that most honourable members me and, as a result of the Commission's must be reasonably satisfied with the Bill. subsequent examination of this matter, it has now recommended the abolition of the Question-That the motion (Mr. Bjelke­ distinction between wilful murder and Petersen) be agreed to-put; and the Com­ murder. mittee divided- This recommendation, which was approved AYES, 38 by the Governor in Council, was laid before Parliament on 8 September 1970 as required Ahern Hughes Armstrong Hungerford under the provisions of the Law Reform Bird Jones, V. E. Commission Act. Bielke-Petersen Kaus Carnm Knox Queensland and Western Australia are the Campbell Lee only Australian States which have made Chalk Lickiss Chinchen Lonergan and still retain a distinction between the Cory Moore, R. E. offences of wilful murder and murder. The Crawford Murray relevant provisions of the Queensland Crim­ Delamothe Newbery Diplock Porter inal Code were precisely followed by the F!etcher Richter corresponding sections of the Western Aus­ Heatley Row tralian Code and of the Code of Papua and Herbert Tooth Hewitt, N. T. E. Wharton New Guinea. Hewitt, W. D. One important difference between the Hinze Tellers: Hodges Miller offences in Western Australia and Queens­ Hooper Tomkins land is that in Western Australia, for the 44 The Criminal Code and the [29 JULY 1971] Offenders Probation, &c., Bill offence of wiUul murder the death penalty this consequence seems to have had only may be imposed, Whereas in Queensland one practical effect, for the prerogative of capital punishment was abolished in 1922. mercy could be exercised as well in the Tasmania is the only other Australian case of wilful murder as in that of murder. State which has enacted a Criminal Code, The provision that the recorded sentence and that Code does not contain any reference has the same effect as a pronounced sen­ to an offence of wil£ul murder. tence no doubt had the effect of making the subsequent act of the hangman lawful in In New South Wales, Victoria, South a case of murder in which the prerogative Australia, New Zealand and England no of mercy had not been exercised and in distinction is made between the offences of which judgment of death had been recorded wilful murder and murder. The reason for instead of being pronounced. this is that a Criminal Code has not been enacted in any of these States and countries When capital punishment was abolished in and under the common-law jurisdiction there Queensland in 1922 by the provisions of the is no such offence as wilful murder. Criminal Law Amendment Act, the provision In the Queensland Criminal Code wilful of the Criminal Code relating to the record­ murder is described thus: "A person who ing of a sentence of death was also repealed. unlawfully kills another, intending to cause This meant that the only difference which his death or that of some other person, is could follow from a conviction of wilful guilty of wilful murder." murder as opposed to a conviction of murder was dispensed with. Yet the distinction Murder in the form most commonly between the two offences was maintained. encountered is defined as follows: "A person The preservation of the distinction can lead who unlawfully kills another . . . if the to a positive disadvantage which arises in offender intends to do to the person killed or this way: Section 576 of the Code provides, to some other person some grevious bodily inter alia, as follows:- harm ... is guilty of murder." "Upon an indictment charging a person In his letter to the Attorney-General, which with the crime of wilful murder, he may accompanied the draft Criminal Code that be convicted of the crime of murder or he submitted in 1897, Sir Samuel Griftith of the crime of manslaughter, if either made the following observation:- o£ those crimes is established by the "In the jurisprudence of many countries evidence ..." a distinction is made between different It happens not infrequently that a jury acquits kinds of murder according to their heinous­ of wilful murder and convicts of murder in ness. Thus we hear of murder in the a case in which the evidence points over­ 'first' and 'second' degree and of murder whelmingly to wilful murder. It cannot be 'with extenuating circumstances'. It has said that a jury is to be blamed for this, occurred to me that the simplest distinc­ and it would not matter if it stopped there. tion and that which best indicates the But in many cases it does not stop there. different views actually taken by the An appeal may be brought and may be ordinary mind of different cases of homi­ successful, and a new trial may be ordered. cide is between wilful murder-that is to Because the accused has been acquitted of say intentional killing, and murder-that wilful murder he cannot be tried again for is to say killing which, though unintentional, that offence; on the second trial, therefore, is done under such circumstances as he is tried for murder, that is, for an unlaw­ to warrant the infliction of the last penalty. ful killing in which the intention was not to I have accordingly framed the chapter on cause death, but to cause grievous bodily homicide on this basis and have suggested harm. But the evidence upon the second that in the case of murder, not being trial remains exactly the same as that upon wilful murder, sentence of death may the first; that is, it points unerringly to an (as in other capital cases except treason intention to kill. It is almost impossible in and wilful murder) be 'recorded instead such a case for a judge to sum up convinc­ of being actually passed'." ingly to a jury; that is, to direct them that The purpose of recording a sentence of death they must be satisfied beyond a reasonable was to enable the court to abstain from pro­ doubt that the accused intended, not to kill, nouncing a sentence of death if the court but to do grievous bodily harm. They have was of opinion that, under the circumstances heard the evidence and know the direction of the case, it was proper that the offender in which it points. A trial conducted in such should be recommended for the Royal Mercy. circumstances is highly artificial, and it is A record of judgment of death so entered widely thought that it has led to acquittals had the same effect in all respects as if which are quite unjustified. sentence of death was pronounced in open Dr. Colin Howard, at page 38 of his book court. "Australian Criminal Law," makes the The only consequence of the dis'inction remark that "in Queensland at the present between wilful murder and murder, under the day the distinction between wilful murder provisions of the Code as originally enacted, and murder is of no practical importance was that in the case of a conviction of because the sentence on conviction of either murder, judgment of death could be recorded is fixed at life imprisonment with hard instead of being actually pronounced. Even labour." But he appends a footnote to The Criminal Code and the [29 JULY 1971] Offenders Probation, &c., Bill 45 the effect that "The type of conviction may The Bill also deals with proposed amend­ have some bearing on Executive clemency". ments to the Offenders Probation and Parole It is apprehended, however, that having Act. Mr. Justice Hoare, chairman of the regard to the provisions for parole, this is Parole Board, has suggested that these Acts unfounded; it imputes to the Executive the be amended with regard to- tendency, quite unwarranted, to act accord­ (a) interrelation of section 19 (7) Crim­ ing to rule of thumb. inal Code sentences with functions of Under the common Jaw, murder, speaking the Parole Board; and very generally and ignoring the concept of (b) interrelation of automatic remissions malice aforethought, which has no place in of sentences with the parole system. the criminal law of Queensland, may be described as unlawful killing in which the In relation to (a), the proviso to section offender intends either to kill or to inflict 19 (7) of the Criminal Code provides that:­ grievous bodily harm. It therefore includes "whenever the Court shall sentence any both wilful murder and murder as defined person so convicted to a teim of imprison­ in the Queensland Criminal Code. ment, it may further order that the offender be imprisoned for such portion Further support for the abolition of the of that term as it shall think fit and distinction is gained from the material pro­ that the execution of the sentence for visions of the draft Criminal Code for the the remaining portion thereof be sus­ Australian Territories, which has been pre­ pended upon his entering into a recog­ pared after many years of intensive and nizance, with sureties if so directed, as scholarly research by the Law Council of aforesaid but further conditioned that, if Australia and was submitted to the Attorney­ called upon, he shall appear and receive General of the Commonwealth in 1969. judgment in respect of his service of The draft Code draws no distinction between the portion of his sentence so suspended, the offences of wilful murder and murder. and any judge of the Court may, upon The commentary on the draft Code, which being satisfied that the offender has com­ was prepared by the experienced Queens­ mitted a breach of any of the conditions land Co-ordinating Committee, states:- of the recognizance, forfeit the recog­ "In the homicide sections, specific men­ nizance and commit him to prison to tal elements have been expressly included undergo the portion of his sentence so in the drafting. It is in this field that suspended or any part thereof." the law has traditionally distinguished This proviso was introduced in 1948. Since finely the relevant mental states, under then, the Parole Board has been reconstituted the influence, no doubt, of the existence and given wider powers of parole, which of capital punishment. We have not, has resulted in an overlapping of the func­ it will be noted, drawn any section as tions of the Board with the proviso to a "capital murder" section. The question section 19 (7) of the Criminal Code. of capital punishment lay outside our terms of reference." The existence of two separate authorities to deal with the release of a prisoner who In the light of these considerations, there has been validly sentenced gives rise to some is no longer any legal reason for preserving concern. For example, if a prisoner is in Queensland this fine distinction between sentenced by Judge A, who does not use wilful murder and murder, and the Law the proviso to section 19 (7) of the Code, Reform Commission has recommended that and is sentenced to, say, three years' imprison­ section 301, which relates to wilful murder, ment, he will not ordinarily be eligible for be repealed and section 302, which relates parole until he has served half the sentence, to murder, be enlarged to include the present namely, 18 months. On the other hand, if definition of wilful murder. the prisoner were to be sentenced by The remaining provisions of the Bill are Judge B, who also thought that the sentence merely transitional provisions to permit of of three years was appropriate for the offence the continuance of legal proceedings in but who also utilises the proviso to section respect of an offence committed before the 19 (7) of the Code, the prisoner might then Bill is introduced and machinery provisions find himself released on recognisance after to ensure that any reference in an Act to serving as little as three months of his wilful murder shall be read as a reference sentence. to murder. It is desirable that only one body exercise this function. It is considered that when Since the abolition of capital punishment, the means of knowledge possessed by a the distinction between the verdicts of wilful judge at the time of sentence is compared murder and murder has been maintained with the means of knowledge likely to be in Queensland without any practical effect possessed by a Parole Board or other so far as the sentence is concerned. Both authority after the prisoner has under~one a carry the same fixed penalty of life imprison­ term of imprisonment, the probability of a ment. To that extent, the distinction is correct conclusion being reached in the meaningless and the provisions of this amend­ circumstances is overwhelmingly in favour ing Bill will have the desirable effect of of the authority which has the additional removing such distinction. information. 46 The Criminal Code and the [29 JULY 1971] Offenders Probation, &c., Bill

An objection to one authority, namely, unexpired portion of his term of imprison­ the Parole Board, dealing with all persons ment or detention shall be regarded as time sentenced is that at the present time a served in respect of that term. prisoner is not eligible for parole until he has served half of his sentence. In view of It is considered that there should be some the increasing use of the proviso to section elasticity which would in effect enable the 19 (7), it is apparent that a number of Board, in the event of a breach of parole, judges consider that the prisoner should be to require the parolee to be returned to released at a much earlier stage than after prison either for the whole of the unexpired the completion of half the sentence. term of the sentence or for such part thereof as the Board thinks fit. Some such provision This objection can be overcome by would avoid the extreme rigidity of the empowering the Parole Board, in "special present provisions and would enable the circumstances", to admit a prisoner to parole Board, in appropriate cases, to give con­ before he has served half his sentence. sideration to allowing the parolee some "Special circumstances" could include the remission for good conduct on parole and fact that a trial judge has recommended the take into account other circumstances, such release of the prisoner on parole at some time as the fact that breach of parole was com­ before the expiration of half his sentence. mitted a very long time ago and the parolee has led a law-abiding life for a long period. These proposed amendments, which have been agreed to by the Comptroller-General of The proposed amendments, which are Prisons and his Deputy and the Chief endorsed by the Chief Probation and Parole Probation and Parole Officer, involve the Officer, involve:- following:- (a) an amendment to section 32 (2) of (a) that the proviso to section 19 (7) of the Offenders Probation and Parole Acts the Criminal Code be deleted; and to provide that when a prisoner is paroled, (b) that section 32 of the Offenders the term of his parole shall be for the Probation and Parole Acts be amended so remainder of his sentence or for such that the Parole Board in special circum­ shorter period as the Board in its dis­ stances will be empowered to parole a cretion thinks fit; and prisoner before the expiration of half his (b) an amendment to section 35 (4) of sentence. the Offenders Probation and Parole Acts In relation to (b), under the provisions of to provide that the Parole Board, in the section 32 (2) of the Offenders Probation event of a breach of parole, may require and Parole Acts a prisoner is required to be the parolee to be returned to prison either on parole during the period from his release for the whole of the unexpired term of until the expiration of his term of imprison­ the sentence or for such part thereof as ment. the Board thinks fit. Parole is not utilised by a number of The amendments are the result of recom­ prisoners who might well be expected to mendations made by Mr. Justice Hoare, benefit from release on parole. It is clear Chairman of the Parole Board, and I com­ tbat one of the factors influencing some mend the Bill to the Committee. prisoners against applying for parole is that tbey know that with reasonably good con­ Mr. BENNETT (South Brisbane) (2.46 duct their sentence will be automatically p.m.): In the first place, I believe that reduced on a predetermined scale in accord­ when two separate Acts are being amended, ance with the regulations. On the other in this case the Criminal Code and the hand, if granted parole the prisoner in effect Offenders Probation and Parole Act, it is receives no benefit from his good conduct better done by two Bills. Correlating two either in prison or after release on parole amendments in one Bill merely adds in the in the community. long run to the cost of annotations and various other matters when the statutes are It is felt tbat the provisions of section printed. 32 (2) sbould be amended to provide that, when a prisoner is paroled, the term of his The first amendment, of course, is nothing parole sball be for the remainder of his new; it is something that I advocated in sentence or for such shorter period as the this Chamber last year, and something that Board in its discretion, may fix. has now been recommended by the Law Reform Commission for well over 12 months. Another problem encountered is that, as Jt is a matter on which I made some observa­ tbe law stands at present, where parole has tions in debates during the previous session, been revoked either by order of the Board when I knew that one of the few recom­ under section 32A of the Offenders Probation mendations that had at that time been made and Parole Acts or under section 35 of the Acts, the parolee must serve the whole by the expensive Law Reform Commission of the unserved portion of his sentence. was for the abolition of the distinction between the terms "wilful murder" and Under the provisions of section 35 ( 4) of "murder" in the Criminal Code. As I the Offenders Probation and Parole Acts, no pointed out, it was rather pitiable, if not part of the time between his release on humorous, to say the least, that one of parole and his recommencing to serve the the few recommendations made by the Law The Criminal Code and the (29 JULY 1971] Offenders Probation, &c., Bill 47

Reform Commission had been, up till now, Incidentally, as we have now written into rejected by the Minister, no doubt on advice the Criminal Code an amendment to the given to him by the Solicitor-General's office. section dealing with dangerous driving-to I could not understand, for the very reasons add a section known as "Dangerous driving and arguments that he has advanced here causing death"-I believe .tbat, because of today, why the Minister was not prepared to a judgment delivered by Mr. Justice D. J. accept the recommendation of the Law Campbell, the Central District Judge (it is Reform Commission. Why it was rejected reported in the Queensland Weekly Notes), up till today, one will never know. The the Crown Law Office and Crown prosecutors Minister was very reluctant to commit him­ should be given suitable instructions. self on his refusal to accept that recommenda­ Bills are brought before us without any tion. Now he has given quite cogent, logical forewarning and, because of that, I have and convincing reasons for the amendment not the judgment with me. I cannot remem­ to eliminate the differentiation between "wilful ber the exact phraseology of Mr. Justice murder" and "murder", but he has not given Campbell's judgment, but he said in effect to the Committee the reasons why he delayed that the section dealing with dangerous driv­ the adoption of that recommendation. ing causing death should not be used to get a compromise verdict when a motorist is Beyond saying that, I da1 not propose to charged with manslaughter. tarry too long on this proposal, because, as I understand it, the Law Reform Com­ A man charged with manslaughter in mission and lawyers generally, with perhaps the use of a motor vehicle can of course the exception of some c1f those in the be convicted of manslaughter, o; he can b~ Crown Law Office, say that it is necessary. conv1cted of dangerous driving causing death, I agree with them. The old differentiation or . dangerous driving simpliciter, or, alter­ no longer exists, for the reason, as pointed natively, he can be acquitted. Mr. Justice out by the Minister, that fortunately the Campbell has pointed out that at least in death penalty no longer applies in this certain cases it is improper for the Crown State. to use the charge of manslaughter in the use of a vehicle when the correct charge is The only sentence that can now be imposed dangerous driving causing death. I believe for murder is imprisonment with hard labour that, because of his judgment (with which for life. In these modern times, provided I entirely agree), the Crown Law Office and the prisoner responds to the treatment given ~he Crown pr?secutors should be suitably to him in the gaol and conducts himself mstructed and mformed that they should not properly, a life sentence virtually means a use, as they ~o so regularly, the charge of sentence of 10 years. Of course, by the manslaughter m the use of a motor vehicle same token, he can be kept there for the when the appropriate and proper charge is term of his natural life if he does not behave dangerous driving causing death. himself. I have no doubt that in many instances It is interesting to note that section 299 the Cro':'m employs the major charge, the of the Criminal Code says- very senous one of manslaughter, knowing "A person is noi deemed to have killed full well that no jury will convict a motorist another if the death of that person does of n:anslaughter but hoping that, because not take place within a year and a day of the Jury must acquit on the manslaughter the cause of death." charge, it will say, "We have done a fair In other words, if there is a grievous wound­ deal for the offender. We will convict him ing of one person by another, provided that of t?e lesser, charge . of dangerous driving the person wounded survives for a period causmg death. That 1s happening too often. of one year and a day the offender cannot It is a compromise verdict; it is unfair to be charged with homicide. the motorist and, as far as I am concerned it is an improper prosecution. ' . Unl<:wful homicide is defined in this way m sectiOn 300 of the Criminal Code- Section 300 of the Criminal Code "Any person who unlawfully kills another provides- is guilty of a crime, which is called wilful "Any person who unlawfully kills murder, murder, or manslaughter, accord­ another is guilty of a crime which is ing to the circumstances of the case." called wilful murder, murder: or man­ slaughter, according to the circumstances Manslaughter is the unlawful killing of a of the case." person when, firstly, there is no intent involved or, secondly, there is no intent to No doubt this Bill will abolish or abandon do grievous bodily harm. It amounts to the the d.efinit!on of. "wilful murder" presently commission of some act of criminal negli­ contamed m sectiOn 301 of the Code which gence that involves the death of a person. provides- ' In th~ main, subject, of course, to many "Except as hereinafter set forth, a person exceptiOns, !he manslaughter section is who unlawfully kills another intending to employed in cases involving motor vehicles. cause his death or that of some other In other words, when death results from the person, is guilty of wilful murder." use of a dangerous object, such as a motor The only real difference between murder vehicle, with criminal negligence, a person and wilful murder is the intention to cause can be convicted of manslaughter. the death of another. If a person does not 48 The Criminal Code and the [29 JULY 1971] Offenders Probation, &c., Bill intend to cause the death of another but honourable member for Wavell when speak­ intends to do him grievous bodily harm, and ing on the matter in earlier debates and kills him in the process of that deliberate the arguments advanced by the British par­ attempt to do grievous bodily harm, he is liamentarian who delivered an address in not guilty of wilful murder but guilty of Brisbane last night. murder. On either conviction a person must be sentenced to imprisonment with The definition of manslac1ghter provides hard labour for life, so the difference that when a person unlawfully k;lls another becomes purely one of academic importance. in such circumstances as not to constitute wilful murder or murder, he is guilty of Compromise verdicts could do an injustice manslaughter. Time does not permit me in some circumstances. If a person was to go into what is manslaughter. In effect, charged with wilful murder-possibly he it means that if somebody is killed as a could be charged with murder simpliciter, but he never is-it could well be that the jury result of the criminal negligence of the must find him not guilty of wilful murder, offender, that offender can be convicted of but, having given him the decision on one manslaughter. count, they believe that in order to com­ It is equally appropriate that there shoulcl promise between the Crown and the accused be some amendment to the Offenders Proba­ they must find him guilty on the second tion and Parole Act. As a matter of count, that is, guilty of murder simpliciter. fact, after having read many reports from As I understand it, that is one of the criminologists, having heard the experiences reasons why lawyers and the Law Reform of many men who have served both short Commission have decided to recommend that and long-term sentences in gaol and having the academic differentiation be removed so listened to the pronouncements of prominent that a jury will have the responsibility and men in the judiciary, I am prefectly satisfied obligation of determining whether it is that it is absolutely useless sending anybody murder or not in relation to the wilful to prison for short periods of up to three killing. They could, of course, still come months. It does not achieve anything what­ in with the alternative verdict of man­ ever. If a person is so alienated from slaughter. society, the short period he spends in prison does not protect society greatly, if at all. Let me refer to the circumstances under In fact, his imprisonment becomes a financial which a person is deemed to be, or could burden on society. It does not correct the be deemerl to be, guilty of the offence of offender in any way and perhaps damages murder as set out in section 302. It refers what decent sensitivities he might have. to a person who unlawfully kills another H:s pcriocl in prison is costly from the under any of the following circumstances- administrative point of view and is too "If the offender intends to do to the short for him to undergo any corrective person killed or to some other person some treatment. grievous bodily harm; I concede that week-end detention or If death is caused by means of an act detention of that nature is of some benefit done in the prosecution of an unlawful to certain individuals. It enables them to purpose, which act is of such a nature continue to serve the community in a con­ as to be likely to endanger human life; structive manner. It reminds them that If th.; olTender intends to do grievous they should adopt a sense of responsibility bodily harm to some person for the pur­ in society and enables them to maintain pose of facilitating the commission of a contact with ordinary civilisation. I am crime ...; not attacking that type of penalty or If death is caused by administering any imposition. What I am attacking are the stupifying or over-powering thing . . ." straight-out sentences of one, two or three (such as a drug); months in prison, which do not serve any "If death is caused by wilfully stopping useful purpose. the breath of any person for either of such purposes." I am fortified in my opinion by the It is interesting to note that on the question unanimous decision of the Court of Criminal of the sufficiency of evidence to support a Appeal, the highest court in that field in conviction under this section for murder Queensland, whose decision has been reported caused by an attempt to procure an abortion, in the case of R. v. Draper, recorded in we have authorities to say that if a person the "Queensland Law Reporter" of 20 June was attempting to perform an abortion on a 1970. Mr. Justice Hart, one of our erstwhile woman, obviously not intending to do her colleagues in Parliament, sat on that court even grievous bodily harm, let alone kill and he agrees with all the sentiments her, and she died in the process of that expressed by it. Mr. Justice Kneipp, the illegal operation, he could be charged with northern judge, said that he agreed in toto and convicted of murder. And rightly so. with the observations of Mr. Justice Hoare, I hope that that provision in our law who was, I think, at the time, and certainly is never changed by this Legislature, for had been for quite a while, chairman of the reasons that have been advanced by the the Parole Board. The Criminal Code, &c., Bill [3 AuGUST 1971] By-Elections 49

Dealing with short-term sentences and the I had the very onerous and long and con­ question of sending prisoners to gaol, he tinuing job of introducing the Companies said- Act Amendment Bill and the Securities "This type of case presents particularly Industry Bill. Besides taking up most of the difficult problems. The offender has pre­ time of Parliament, they consumed a viously borne a good character and is tremendous amount of time in preparation. a hard-working man. One cannot fail to have much sympathy for a man who I could not agree more with the honourable has not previously offended. There is member's comments about the uselessness also the circumstance that the evidence of short prison sentences. I have had a disclosed that the offence was committed look at the New Zealand system and, in this on one occasion only." State, which does not impose minimum sen­ I cannot quote him in full, but he went tences, I am surprised that the judges, includ­ on to say- ing Mr. Justice Hoare, who holds very firm "With our present penal system short ideas, have not really applied the advice given sentences are regarded as useless at best, in the passage quoted by Mr. Justice Hoare. and in most cases pos;tively harmful. I am having research carried out into the One strong argument against the imposi­ effects of short sentences over the last 10 tion of short prison sentences which is years. I expect that it will reveal the fact of particular application to younger that Queensland prisoners are no different offenders is that there is a considerable from New Zealand prisoners. If this fear of the unknown in all of us. So research project throws up that sort of answer, long as an individual without prison experi­ there will be no tardiness in amending the ence has the threat of possibly being sent Act to follow New Zealand very closely. to prison it is reasonable to expect that there will be some deterrence from that Motion (Dr. Delamothe) agreed to. threat. However if the fear of the unknown is Resolution reported. removed by sending him to prison for a short term, the benefits of the threat are FIRST READING lost for all time. Bill presented and, on motion of Dr. Another matter well known to persons Delamothe, read a first time. acquainted with the present prison admini­ The House adjourned at 3.11 p.m. stration is that while long sentence prisoners may have some discipline instilled into them and receive some corrective training, these benefits are entirely lost in the case of short sentence prisoners." Many countries regard New Zealand as being the leader in the method of imposing penalties. That country has established periodic-deten­ tion centres. Mr. Justice Hoare referred to a provision in the New Zealand Act, which says- "No court shall sentence any person to imprisonment for a term of less than six months unless, having regard to all the circumstances of the case, including the nature of the person's offence and his character and personal history, the court has formed the opinion that no way of dealing with him other than imprisonment is appropriate." (Time expired.) Hon. P. R. DELAMOTHE (Bowen­ Minister for Justice) (3.7 p.m.), in reply: I want to thank the hon. member for South Brisbane for reinforcing what I said during my introductory remarks. However, I do not agree entirely with the criticism that he levelled at the tardiness with which the first proposal was brought in to discard the charge of wilful murder, because this has been awaiting amendment since 1922. In effect, I am just perpetuating the tardiness of my predecessors. All honourable members know that in the last session of Parliament