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Thursday, 25 October 1973
Page: 1483


Senator James McClelland (NEW SOUTH WALES) - Here again we are seeing this inconsistency that runs right through the Opposition's amendments. The Opposition's attitude to this would continue the present anomalous situation in which decisions of the Commonwealth Industrial Court on inquiries into amalgamation ballots would be appealable to the High Court while decisions of the Commonwealth Industrial Court on registration and deregistration of organisations under Part VIII of the Act, which also involve questions of property and assets, and decisions on inquiries into irregularities in union elections under Part IX of the Act would not be appealable. The Bill as framed by the Government has the merit of consistency which I submit is considerable merit. The decisions of the Industrial Court in both of these matters are, I think Senator Greenwood would agree, concerned mostly with questions of fact; they are not high questions of law which should engage the attention of the High Court. In such circumstances it is difficult to justify appeals to the highest court in the land. We have a consistent pattern in the matter of appeals running right through the Bill whereas Senator Greenwood once again is inconsistent.

Question put:

That clause 49 stand as printed.







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