COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Hansard WEDNESDAY, 11 MARCH 1998 THIRTY-EIGHTH PARLIAMENT FIRST SESSION—SIXTH PERIOD BY AUTHORITY OF THE SENATE CANBERRA CONTENTS WEDNESDAY, 11 MARCH Senator Bolkus— Motion of Censure .................................... 755 Consideration of Legislation ............................... 780 Matters of Public Interest— Waterfront Reform .................................... 790 Mr Edgar Williams .................................... 793 Environment Legislation ................................ 795 Superannuation: Marriage Breakdown ....................... 797 AQIS: Meat Inspection ................................. 800 Weather Forecasting Aircraft ............................. 803 Questions Without Notice— Minerals and Energy Industries ........................... 805 Howard Government: Economic Strategy .................... 805 Minister for Resources and Energy ......................... 806 Environment: Marine Biodiversity ......................... 807 Minister for Resources and Energy ......................... 808 Health Care ......................................... 809 Minister for Resources and Energy ......................... 810 International Transfer of Prisoners ......................... 811 Minister for Resources and Energy ......................... 811 IT Outsourcing ....................................... 812 Minister for Resources and Energy ......................... 812 Endangered Species Legislation ........................... 813 Distinguished Visitors ................................... 814 Questions Without Notice— Fisheries Research and Development Corporation .............. 814 Postal Services ....................................... 815 Natural Heritage Trust ................................. 816 Employment Services .................................. 817 Answers to Questions Without Notice— Australian Geological Survey Organisation ................... 818 Commonwealth Rehabilitation Service: Outsourcing ............. 819 Native Title ......................................... 819 Commonwealth Services: Outsourcing ...................... 821 Privilege ............................................. 822 Answers to Questions Without Notice— Minister for Resources and Energy ......................... 822 Petitions— Native Title ......................................... 829 Notices of Motion— Economics References Committee ......................... 829 Regulations and Ordinances Committee ..................... 829 Regulations and Ordinances Committee ..................... 830 Committees— Selection of Bills Committee ............................. 832 Order of Business— Tibet .............................................. 833 Alternative and Complementary Medicine .................... 833 Employment Services .................................. 833 Vocational Education .................................. 833 Israel ............................................. 834 Committee Reports: Government Responses .................. 834 Australian Broadcasting Corporation: Funding ................. 834 Common Youth Allowance ............................. 834 Committees— Legal and Constitutional Legislation Committee—Extension of Time . 834 Women .............................................. 834 Native Title Legislation .................................. 834 CONTENTS—continued Romania: Mariana Cetiner ................................ 837 Genetic Privacy and Non-discrimination Bill 1998— First Reading ........................................ 838 Second Reading ...................................... 838 Women .............................................. 841 Commonwealth Environment Legislation ...................... 842 Cerebral Palsy ......................................... 842 Matters of Public Importance— Citrus Industry ....................................... 842 Committees— Scrutiny of Bills Committee —Report ...................... 854 Documents— Defence Determination 1998-99 ........................... 858 Lands Acquisition Act ................................. 860 Veterans Entitlements Act ............................... 860 Committees— Membership ......................................... 860 Native Title Amendment Bill 1997 [No. 2]— First Reading ........................................ 861 Second Reading ...................................... 861 Consideration of Legislation ............................... 867 Social Security Legislation Amendment (Youth Allowance) Bill 1997— In Committee ........................................ 873 Documents— Australian Industry Development Corporation ................. 878 Adjournment— Employment Services .................................. 879 Down Syndrome ..................................... 881 Postal Services ....................................... 882 Bureau of Meteorology: Willis Island ....................... 883 Minister for Resources and Energy ......................... 885 Documents— Tabling ............................................ 886 SENATE 755 Wednesday, 11 March 1998 the motion—that Senator Bolkus revealed certain contents of a confidential Federal Court document which formed part of legal The PRESIDENT (Senator the Hon. proceedings undertaken to recover assets Margaret Reid) took the chair at 9.30 a.m. allegedly concealed by Mr Skase; that Federal and read prayers. Court affidavits may only be obtained by leave of the court or a judge; that in relation SENATOR BOLKUS to the affidavit revealed by Senator Bolkus no Motion of Censure such leave had been obtained; and that Mr Donnelly had not authorised the release of the Debate resumed from 11 March, on motion affidavit. by Senator Vanstone: That is irrefutable and indeed accepted by That the Senate— the Labor Party. The evidence is absolutely (a) notes: irrefutable. What we heard yesterday was a (i) that Senator Bolkus, during and after a tirade against Senator Vanstone and against press conference on 5 January 1998, this excellent government. For argument’s revealed certain contents of a confidential Federal Court affidavit, sake, let us set aside all concepts of truth, logic and commonsense. Let us accept the (ii) that this affidavit formed part of legal proceedings undertaken by Mr Max violence done to truth, logic and common- Donnelly, trustee of the bankrupt estate of sense and say that what Labor alleges is Mr Christopher Skase, to recover assets correct. That in no way excuses or exculpates allegedly concealed by Mr Skase, Senator Bolkus from his own personal actions (iii) that Federal Court affidavits may only be which are the subject of this motion. obtained by leave of the court or a judge, It is like a little child caught with a hand in (iv) that in relation to the affidavit revealed the cookie jar who, when accused, says, ‘Oh, by Senator Bolkus no such leave had Jimmy did it as well.’ It does not excuse the been obtained, and behaviour of the child that was caught with (v) that Mr Donnelly had not authorised the the hand in the cookie jar and, in this circum- release of the affidavit by either his firm stance, it is Senator Bolkus. The opposition or solicitors acting for him; can obfuscate as much as they like, they can (b) censures Senator Bolkus for: filibuster as much as they like, but the reality (i) revealing the contents of a confidential is that Senator Bolkus has been caught out, Federal Court affidavit, and the case has been made very strongly as (ii) his disregard of the larger public interest to the five premises on which we base our in putting at risk the success of Mr case. Donnelly’s legal attempts to recover assets belonging to the bankrupt estate of On the basis of that, we believe that Senator Mr Christopher Skase, and Bolkus ought to be censured for revealing the (iii) his knowingly taking a course of action contents of a confidential Federal Court directly contrary to the public interest; document. Why is that such a serious matter? and Our whole society and its structure and (c) calls on Senator Bolkus to apologise for his stability are based on the rule of law, that actions to: there are certain rules which people abide by. (i) Mr Max Donnelly, trustee of the bankrupt If the would-be first law officer of the country estate of Mr Christopher Skase, cannot abide by those fundamental principles (ii) the Federal Court, and as the upholder of the rule of law in a com- (iii) the Senate. munity, then the whole basis on which our Senator ABETZ (Tasmania) (9.31 a.m.)— society is structured is under challenge. Yesterday I pointed out that the five premises This is a very important and very serious on which we base our censure motion against matter, one which cannot in any way be Senator Bolkus are beyond dispute. In sum- underestimated. Senator Bolkus himself mary they were—and allow me to quote from admitted to revealing the information and, 756 SENATE Wednesday, 11 March 1998 what is more, revealing more than what was to be censured and are deserving of the already on the public record, and that was condemnation and censure of this Senate? shown in his statement to Kerry O’Brien on We then call on Senator Bolkus to apolo- the 7.30 Report. He said, ‘If you look at what gise for his actions. First of all, he should I announced on that day and compare it to the apologise to the trustee of the bankrupt estate, article, there is very little different informa- which makes sense; that he ought to apologise tion,’ and then the telling point, ‘Very little to the Federal Court for breaking their rules; extra.’ He admits to revealing extra