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ALLEGATIONS CONCERNING A JUDGE-SELECT COMMITTEE-POWERS AND PROCEEDINGS-STATEMENT BY CHAIRMAN-VARIATION OF RESOLUTION OF APPOINTMENT

The Chairman of the Select Committee on Allegations Concerning a Judge (Senator Tate), by leave, made a statement relating to the proceedings of the Committee and moved the following motions together: (1) That the Select Committee on Allegations Concerning a Judge, in determining procedures and rules under paragraph (17) of the Resolution of 6 September 1984 appointing the Committee, may determine procedures and rules which do not permit the cross-examination of witnesses and of Mr Justice Murphy, should he give evidence, by counsel for other witnesses, notwithstanding paragraphs (12) and (18) (d) of that Resolution.

(2) That, notwithstanding paragraph (20) of the Resolution of 6 September 1984 appointing the Select Committee on Allegations Concerning a Judge, the Committee may determine that it will not disclose to witnesses or their counsel the written statement made by Mr Justice Murphy to the Select Committee on the Conduct of a Judge and the transcript of oral submissions made before that Committee by counsel for Mr Justice Murphy and relating to the evidence of Mr C. R. Briese.

(3) That, notwithstanding paragraph (20) of the Resolution of 6 September 1984 appointing the Select Committee on Allegations Concerning a Judge, the Committee may determine, in respect of any person other than Mr Justice Murphy, Mr C. R. Briese and their counsel, that it will not grant to that person access to the whole or part of the records of, transcripts of evidence taken by and documents submitted to the Select Committee on the Conduct of a Judge.

(4) That the Resolution of the Senate of 6 September 1984 appointing the Select Committee on Allegations Concerning a Judge be amended as follows: paragraph (2), sub-paragraph (b), leave out ''conduct amounting to misbehaviour'', insert ''conduct which could amount to misbehaviour''.

Debate ensued.

Ordered-That the motions be considered separately.

Question-That motion (1) (Cross-examination of Witnesses) be agreed to-put.

The Senate divided

AYES, 25

Senators- Bolkus Childs Coleman Colston Cook Crowley Evans, Gareth Foreman Georges Gietzelt Giles Grimes Hearn Jones McIntosh Maguire Primmer Ray, Robert Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

NOES, 28

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Chipp Collard Crichton-Browne Durack Evans, Jack Guilfoyle, Dame Margaret Haines Hamer Jessop Kilgariff Lajovic MacGibbon Macklin Martin Mason Messner Missen Rae, Peter Reid (Teller) Scott Teague Walters And so it was negatived. Question-That motion (2) (Access to Documents) be agreed to-put. On the motion of Senator Durack the following amendments were, by leave, taken together and agreed to: Leave out ''the written statement made by Mr Justice Murphy to the Select Committee on the Conduct of a Judge and''. Leave out ''that Committee'', insert ''the Select Committee on the Conduct of a Judge''. Question-That motion (2), as amended, be agreed to-passed. Question-That motion (3) (Restriction of Access to Records and Documents) be agreed to-put and passed. Question-That motion (4) (Amendment to Resolution Appointing Committee) be agreed to-put and passed.