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Tuesday, 7 December 1965


Mr BUCHANAN (McMillan) . - The Attorney-General made the point that the Tribunal, if it thinks fit, can agree to an application by a party that a question of law be referred to the court for determination. This is somewhat different from what first appeared in my reading of the legislation. Right through this legislation we find such phraseology as " if it thinks fit ", " if it should decide " or " if there is a tendency to " - all discretionary powers for the Tribunal. Surely the parties should have some right of appeal on their own account. Surely the parties, by application of the laws to which we are accustomed in other matters, should be able to appeal to some court if they feel aggrieved or believe some injustice has been done to them. If they want to carry the matter to its ultimate conclusion - if they are not satisfied with the jurisdiction of some lay members who are by the very nature of their appointment not acquainted with the law and who by the nature of their training would not be able to adjudicate on the facts, and there is only a presidential member who has legal knowledge - surely it is inherent in our whole legal structure that there should be some court of appeal to which they can turn. If, in the opinion of the Attorney-General, it is right for a party in a matter before the Tribunal to have questions of law referred to a court - I presume the Industrial Court - with the approval of the Tribunal, surely it is common or garden justice that he should have some right of appeal on his own account if he thinks he is aggrieved. [Quorum formed.]







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