Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Thursday, 31 July 1930

(   8 ) A Conciliation Commissioner shall also have all the powers which the court or a judge has under section thirty-eight of this act, other than -

(a)   the powers contained in paragraphs

(d)   and (f) of that section, and

(b)   the power to give an interpretation of any term of an existing award, contained in paragraph (o) of that section:

Provided that a Conciliation Commissioner Shall not have power, in pursuance of this section, either to make or vary an award, which, by reason of the provisions of section eighteen a or eighteen aa of this act, cannot be made or varied by a single judge. (9.) Any award or order made by a Conciliation Commissioner pursuant to the power conferred by this section shall for all purposes be and be deemed to be an award or order of the court".

Upon which Senator Pearce had moved by way of amendment -

That sub-sections 7, 8 and 9, proposed new section 18c, be left out.

Amendment - by leave - withdrawn.

Senator SirGEORGE PEARCE (Western Australia) [3.55]. - I understand that it is the intention of the VicePresident of the Executive Council to move the amendment of which he has given notice. I have a prior amendment, and move -

That after the word " Commissioners ", sub-section 1 of proposed new section 18c, the words " of such number and ", be left out with a view to insert in lieu thereof the words " not more than two in number ".

Senator Daly - I am prepared to accept " three " as a compromise.

Senator Sir GEORGEPEARCE.I shall alter my amendment accordingly.

Amendment amended accordingly and agreed to.

Senator SirHAL COLEBATCH (Western Australia) [3.57]. - I direct the attention of the Senate to sub-sections 4 and 5 of proposed new section 18c. During the long debate this morning, we heard several references by the Leader of the Government in the Senate (Senator Daly) to the necessity for preserving the traditions of British justice. Here it is contemplated to appoint an officer with all the powers of a judge to determine issues which will vitally affect not only the fortunes but the livelihood of people. Yet it is provided, contrary, I suggest, to any of the principles of British justice, that that officer shall be subject to summary dismissal by the Attorney-General, and that he shall not be reinstated except by a resolution of both Houses of the Parliament. The Attorney-General will know when he makes a suspension that, on party lines, one House will be entirely behind him. I invite the Leader of the Government in the Senate to explain how he can reconcile with the traditions of British justice the appointment of an officer who is given the power to judge, and who is to be subject to summary dismissal by the Attorney-General, without any possibility of redress.

Suggest corrections