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Thursday, 21 November 1974
Page: 2668

Senator MURPHY (New South WalesAttorneyGeneral) - Having listened to the debate I am confident that the advice which is given to me is right. There is opportunity for some flexibility in this area. In the operation of the legislation the courts would choose to advise rather than to direct. May I suggest that it might be satisfactory if the proposal 'direct or advise' were adopted. I will do that but, if we are to return that far- to what we were doing in the beginning- I do not think that this kind of failure to comply with such a direction or advice ought to be a contempt of court. Really, this would get away from the atmosphere which one would expect. I indicate that I would want to restore the provision to what it was- 'but failure to comply with such direction or advice'. I do not think anyone would suggest that there could be a failure to comply with advice. Perhaps to take away any possible argument that there could be a failure I should seek leave to re-phrase the amendments, that is this one and the next one.

The CHAIRMAN (Senator Webster -Is leave granted? There being no objection, leave is granted.

Senator MURPHY -I move:

In sub-clause (4) after 'direct' add 'or advise' and after direction' add 'or advice'.

Clause 14 (4) will read:

.   . direct or advise either or both of the parties to attend upon a marriage counsellor, but failure to comply with such -

We should take out the word 'a', but the Chairman has the capacity to do that. direction or advice does not constitute a contempt of the court.

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