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JUDICIARY AMENDMENT BILL (NO. 2) 1984

Order of the Day read for the adjourned debate on the motion of the Attorney-General (Senator Gareth Evans)-That this Bill be now read a second time-And on the amendment moved thereto by Senator Durack, viz: Leave out all words after ''That'', insert ''the Bill be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report and, without limiting the generality of such inquiry and report, particularly to examine: (a) whether, in recent years, there has been an increase in the workload of the High Court sufficient to justify the abolition of the existing rights of appeal to that Court as of right;

(b) whether further restrictions upon the rights of appeal to the High Court are justified in view of the workload of the Court and, if so, what would be the fairest and most equitable system of restrictions which could be imposed;

(c) what matters should be considered by the High Court in determining whether to grant special leave to appeal; and

(d) whether the conduct of the Government's litigation would be improved or rendered more efficient following the establishment of the Australian Government Solicitor to replace the office of Crown Solicitor, as proposed by the Bill''.

Debate resumed.

Question-That the words proposed to be left out be left out-put.

The Senate divided

AYES, 24

Senators- Archer Bjelke-Petersen Boswell Carrick, Sir John Collard Crichton-Browne Durack Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis MacGibbon Messner Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson Withers

NOES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Elstob Evans, Gareth Evans, Jack Foreman Gietzelt Grimes Haines Hearn Jones McClelland McIntosh (Teller) Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson Ryan Sibraa Tate Zakharov

Amendment negatived accordingly.

Question-That this Bill be now read a second time-put.

The Senate divided

AYES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Elstob Evans, Gareth Evans, Jack Foreman Gietzelt Grimes Haines Hearn Jones McClelland McIntosh (Teller) Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson Ryan Sibraa Tate Zakharov

NOES, 24

Senators- Archer Bjelke-Petersen Boswell Carrick, Sir John Collard Crichton-Browne Durack Hamer Harradine Hill Jessop Kilgariff Lajovic Lewis MacGibbon Messner Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson Withers

And so it was resolved in the affirmative.

Bill read a second time.

Ordered-That consideration of the Bill in Committee of the Whole be an Order of the Day for the next day of sitting.