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Social security: alleged Greek frauds court transcripts

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What is the reason for the continuing delay in

promulgating regulations under the Family Law Act 1975, s.Ill, to enable performance of Australia's obligations under the United. Nations Convention on the Recovery Abroad of Maintenance signed on 20 June 1956, which matter was the

subject of House of Representatives Question on Notice Nos.

■ 233 of 1977, 121 of 1978 and 799 of 1978, by the Honourable E.G. Whitlam.

SENATOR DURACK - The answer to the honourable senator's question is as follows: ,- .

There has been a ' need to devise procedures appropriate for proceedings of an unusual nature in that the claimant will at all times be in another country. The procedures must provide for representation of that party and for the expeditious hearing and determination of claims notwithstanding that the party is unavailable locally to give evidence or to be cross-examined. They must also be made available in courts throughout Australia arid be agreed

to by the States in respect of their application to

maintenance claims that are still governed by State law (e.g. maintenance of ex-nuptial children). Consideration of these matters has been proceeding but is not complete.

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SENATE NO. 22 19 November 1979 Page 2518-2519


SENATOR GRIMES - asked the Attorney-General, upon notice, on 29 Aqgust 1979:

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(1) What has· been the cost to 29 August 1979, of

providing transcripts of the current court case concerning the alleged Greek frauds in New South Wales.

(2) Who are entitled to receive these transcripts (a) free; (b) at cost; and (c) under what other conditions.

(3) Who are not entitled to receive these

transcripts. .

SENATOR DURACK - The answer to the honourable senator's question is as follows:

(1) The proceedings are being conducted in a State Court where transcript is usually prepared and distributed by the State authorities. By arrangement with those authorities, the Commonwealth obtains each day one copy of

the transcript, makes copies of it for its own purposes and also supplies copies to the defendants. Expenditure by the Commonwealth in copying transcript under these arrangements is estimated at $14,000 to 29 August 1979.

(2) and (3) Under the New South Wales Justices Act 1902 a defendant is not entitled to free transcript during committal proceedings but may purchase transcript. However, a defendant who is committed for trial becomes entitled to free transcript of the committal proceedings. A person other than a defendant may, on showing sufficient cause purchase transcript of committal proceedings. In these proceedings, the Commonwealth is, under the arrangements mentioned in

(1), providing two copies of transcript free of charge to

each defendant. The Commonwealth is, because of the unusual and lengthy nature of the matter, adopting this course, out of a sense of fairness.

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