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Tuesday, 26 November 1974
Page: 2755

Senator GREENWOOD (Victoria) -I think the position as stated initially by Senator Durack is of tremendous importance. Under the clause to which we have just agreed the Parliament is given a power to appoint 6 judges or a power to appoint 100 judges. I do not recall any other legislation that has been passed by this Parliament in which the number of judges has not been specified. I think there are currently 9 judges of the Australian Industrial Court. There are currently 7 judges of the High Court of Australia. There are currently 3 judges of the Australian Capital Territory Supreme Court. There are currently 2 judges of the Northern Territory Supreme Court. This is a situation in which there can be an unlimited number of judges. As Senator Durack said, the power of patronage is unlimited. There ought to be control. I can imagine the Attorney-General (Senator Murphy), when he was in Opposition, urging that the Parliament keep control over the Executive, whatever be the character or colour of that Executive. I urge him to recall his words on earlier occasions and to accept that there ought to be some control over the Executive.

Senator Murphy - I have accepted that.

Question put:

That the words proposed to be added (Senator Missen's amendment) be added.

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