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Thursday, 25 May 1972
Page: 2149

Senator MURPHY (New South Wales) (Leader of the Opposition) - On the point of whether we should accept that the Minister is not guilty of neglect, I have found the passage that I was looking for earlier and I ask for a little indulgence to quote it. I was referring to the case of Gietzelt v Craig-Williams. In that case the Chief Judge said:

It seems curious that the offence created by subsection 1 does not extend to the case in which the dismissal is by reason of the circumstance that the employee proposed to become a member of an organisation. Then in the case of threatening to dismiss the offence is committed where the employee is a member of the organisation or proposes to become a member.

Even when the chief judge said that there was something wrong with the section, it took them 13 years to get around to cleaning it up. That does not seem to bear out entirely the suggestion that the Minister has always dealt promptly with these defects when they are to the disadvantage of the trade union movement.

Consideration interrupted.

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