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Thursday, 1 September 1994
Page: 751


Senator SPINDLER —I give notice that, on the next day of sitting, I shall move:

  That the Senate notes that—

  (a)in contradiction of the claims by the Premier of Victoria (Mr Kennett) that States protect individual rights, his Government has enacted legislation since coming to office which has denied Victorians basic civil liberties and legal rights and has broken fundamental constitutional principles;

  (b)the Kennett Government has on 34 occasions expressly removed the jurisdiction of the Supreme Court of Victoria in accordance with the Constitution Act 1975;

  (c)the Acts affected by these amendments include:

  Accident Compensation (Work Cover) Act

  Public Sector Management Act

  Victoria Park Land Act

  State Owned Enterprises Act

  Marine (Amendment) Act

  Casino Control (Amendment) Act

  Police Regulation (Discipline) Act

  Education (Teachers) Act

  Victoria Plantations Corporation Act

  Land Titles Validation Act (dealing with Aboriginal Title)

  State Taxation (Further Amendment) Act

  Transport (Amendment) Act

  Equal Opportunity (Amendment) Act

  Health and Community Services (Further Amendment) Act

  Tatersalls Consultations (Further Amendment) Act

  Land (Further Amendment) Act

  Gas and Fuel Corporation (Heatane) Gas Act

  Teaching Service (Amendment) Act

  Public Sector Management (Amendment) Act

  Land (Further Miscellaneous Matters) Act

  Road Safety (Amendment) Act

  Children and Young Persons Act

  Medical Practice Act

  Gaming and Betting Act

  Melbourne Exhibition Centre Act

  Office of the Regulator General Act

  Public Prosecutions Act

  State Trustees (State Owned Corporations) Act

  Swan Hill Pioneer Settlement Authority Act

  Accident Compensation Act

  Catchment and Land Protection Act

  Land (Revocation of Reservations) Act

  Westernpoint (Crib Point Terminal) Act

  (d)this has the effect of taking away an individual's right to appeal against or seek judicial review of the Government's actions, and the court's power to entertain any action at all;

  (e)the removal of the common law right to judicial appeal represents a serious undermining of the division of powers, the independence of the judiciary and the conformity of law and administration to these fundamental principles of law; and

  (f)these actions of the Victorian Government demonstrate the need for comprehensive constitutional review to ensure that all Australian State governments implement the principle of separation of powers and that the basic civil and political rights of all Australian citizens are protected, no matter where they live.