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Tuesday, 14 December 1993
Page: 4559


Senator CRANE (9.18 p.m.) —The opposition will be opposing these clauses. We do not believe that it is necessary to set up a separate court to handle industrial matters. The industrial division of the Federal Court has, with great independence and clarity, handled industrial matters now for a number of years. In fact, the history of the industrial division of the Federal Court goes back to 1978 or thereabouts when Lionel Bowen, on the Labor Party side, made some very interesting comments in the parliament in support of it.

  This was reinforced once again by Minister Ralph Willis in 1988, just 10 years later. He articulated why the government at that time was not proceeding with an industrial court. The evidence given by the Law Council to the Senate standing committee that dealt with this act made it quite clear that, with a couple of small amendments, the industrial court was, in its view, the best jurisdiction.

  There are two principal reasons that I want to put on the record as to why the Law Council thought it was the best jurisdiction. The first relates to the independence of that court and the fact that it is at arm's length from the Australian Industrial Relations Commission. Secondly, it did not believe it was good for the law making process in this country to have a situation whereby there are specialist courts. We have already canvassed that subject tonight so I will not go over it again. The other point that it raised which is most valid—I would like the minister at the table to address this because it appears that the Minister for Industrial Relations (Mr Brereton) was either not willing or not capable of doing so—is the issue of the cost of setting up a totally new court, how many people will be involved in it, and what will be the independence of the people who are appointed to the industrial court.

  In speaking to this amendment and expressing our strong objection to it and saying that after the next election we will not be continuing with an industrial court, I would like an answer to those questions. They are as follows: what will be the cost; what will be the independence of the appointments to that particular court; where will it be set up; and what will be its structure?