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Wednesday, 31 May 1972
Page: 2320

Senator MURPHY (New South WalesLeader of the Opposition) - I thank Senator James McClelland for reminding me of the fact that a judge could state that the reading of a charge against a man was evidence of his guilt. This shows the necessity for provision to be made for some kind of appeal. Other examples of decisions which are made and which would seem strange to others are legion. It fortifies us in the view that there should be provision for appeal. The matters with which we are concerned in this place are not matters of arbitration, not the fixing of wages and conditions; they are strictly judicial functions. The Commonwealth Industrial Court is exercising the judicial power of the Commonwealth. It would seem to us that no judge of what is a court of limited jurisdiction and not the High Court of Australia should be able to make decisions without some form of appeal existing against such decisions.

Indeed, while we say that the amendment moved by the Attorney-General has gone a long way, it does not strictly meet the question that we pose, that is, that there ought to be some form of appeal. What he has done is to provide that there must be a multiple bench. That is an improvement. In the exigencies of today, we are prepared to say that we will forgo the amendment which is on the list that we have circulated. Senator James McClelland did not move for the incorporation of that proposed amendment on the matter of an appeal. I ask for leave to incorporate it in Hansard.

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