Senate
2 November 1971

27th Parliament · 2nd Session



The PRESIDENT (Senator the Hon. Sir Magnus Cormack) took the chair at 3 p.m., and read prayers.

page 1565

MINISTERIAL ARRANGEMENTS

Senator Sir KENNETH ANDERSON:
Minister for Health · New South Wales · LP

– by leave - I wish to inform the Senate that the Minister for Primary Industry (Mr Sinclair) left Australia on 30th October to lead the Australian delegation to the Sixteenth Session of the conference in Rome of the United Nations Food and Agriculture Organisation. He is expected to return to Australia at the end of November. During his absence the Minister for Shipping and Transport (Mr Nixon) will be the Acting Minister for Primary Industry.

The Minister for Foreign Affairs (Mr N. H. Bowen) left Australia on 29th October to represent the Australian Government at the inauguration of President Thieu in Saigon. Mr Bowen is expected to return to Australia tomorrow. During his absence the Minister for National Development (Mr Swartz) will be the Acting Minister for Foreign Affairs.

page 1565

AID FOR PAKISTANI REFUGEES

Petition

Senator GUILFOYLE:
VICTORIA

– I present the following petition:

The Honourable the President and Members of the Senate: The humble petition of citizens of the Commonwealth respectfully showeth:

That the YWCA of Australia urges the Commonwealth Government on behalf of all the people of Australia immediately to increase its aid to the relief programmes for the East Pakistan refugees and urges the Government to seek in the United Nations a world-wide initiative for a permanent political solution to the Pakistan problem’.

And your petitioners, as in duty bound, will ever pray.

Petition received and read.

page 1565

NOTICES OF MOTION

Senator Sir KENNETH ANDERSON:
Minister for Health · New South Wales · LP

– I give notice that on the next day of sitting I shall move:

  1. That, unless otherwise ordered, the days and times of meetings of the Senate for the remainder of the present period of sittings be as follows:

Tuesdays, 2.30 p.m. to 6 p.m., 8 p.m. to 11 p.m.

Wednesdays, 2.30 p.m. to 6 p.m., 8 p.m. to 11 p.m.

Thursdays, 10.30 a.m. to 1 p.m., 2.15 p.m. to 6 p.m. 8 p.m. to 11 p.m.

  1. That, unless otherwise ordered, the sessional order relating to the adjournment of the Senate have effect at the terminating time each day.

I also give notice that on the next day of sitting I shall move:

That, unless otherwise ordered. Government Business take precedence over General Business on Thursday nights after 8 p.m. for the remainder of the present period of sittings.

page 1565

QUESTION

TRAINING OF CAMBODIAN FORCES

Senator MURPHY:
NEW SOUTH WALES

– My question is directed to the Leader of the Government in the Senate. Will the Minister inform the Senate whether it is true that a request has been made to Australia to leave Australian servicemen in Vietnam as advisers to train Cambodians, presumably for the defence of the Government of Lon Nol, the dictator who has dispensed with parliamentary democracy and is operating under martial law? Will he tell us who made the request to Australia? Will he also inform us whether we are again going to go through the whole business that was gone through with South Vietnam? Is it not a fact that the whole unhappy and tragic affair in Vietnam started with the provision of advisers?

Senator Sir KENNETH ANDERSON:

I anticipate that the Acting Prime Minister will make a statement in another place during question time on this matter. For that reason, I would prefer to respond to the question that the Leader of the Opposition has posed a little later during question time.

page 1565

QUESTION

VIP AIRCRAFT

Senator GAIR:
QUEENSLAND

– I direct a question to the Minister for Air. I ask: Firstly, is it a fact that Mr Whitlam, the Leader of the Opposition in another place, requisitioned a VIP aircraft to fly him from Albury to Brisbane on Saturday, 16th October, in order to open a swimming pool at Cleveland, near Brisbane? Secondly, is it a fact that the VIP aircraft returned south empty on the following day and that Mr Whitlam returned to Sydney by commercial aircraft? Thirdly, is it correct that the approximate cost of this flight, excluding flight crew salaries and wages, was at least $ 1,456? Fourthly, does the Minister believe that a visit to Brisbane to open a school swimming pool warrants the use of a VIP aircraft? Fifthly, is Mr Whitlam required to provide the Minister with information beforehand as to the purpose for which he requires a VIP aircraft?

Senator DRAKE-BROCKMAN:
Minister for Air · WESTERN AUSTRALIA · CP

– As the

Leader of the Australian Democratic Labor Party knows, I am responsible for the approval of applications by Ministers and the Leader of the Opposition and the Deputy Leader of the Opposition for the use of VIP aircraft. All applications to me must contain the date and the time of departure and arrival, the reason for the flight and why commercial aircraft cannot be used. Details of the passengers carried must also be shown. One other requirement is that the next of kin of each passenger on the aircraft has to be given. On this occasion Mr Whitlam applied for the use of an aircraft. He had a requirement to be at a function in Albury at a certain time and at a further function in Brisbane later in the day. No commercial aircraft was available that would suit his requirement to be at the 2 places. As his application complied with all the requirements laid down for the use of VIP aircraft, I had no alternative but to give him approval to make the flight. From the time it left Canberra to go to Albury and then to Brisbane before coming back to Canberra the aircraft was away for 7 hours and 5 minutes. The cost of a VIP HS 748 flight works out at about $205.50 an hour. If one multiplies that figure by the time taken to complete the journey, which was just over 7 hours, one gets just over $1,400, which is almost the amount the Leader of the Democratic Labor Party mentioned.

page 1566

QUESTION

NATIONAL DEVELOPMENT

Senator YOUNG:
SOUTH AUSTRALIA

– I direct a question to the Minister representing the Minister for National Development. Has the Minister seen a statement in today’s ‘Australian’ alleged to have been made by Mr Whitlam that, apart from Canberra and a kw mining centres, no new towns or cities have been built since Federation? Will the Minister inform Mr Whitlam that the city of Elizabeth in South Australia was established by the Playford Government as a new satellite city in the early post-war years?

Senator COTTON:
Minister for Civil Aviation · NEW SOUTH WALES · LP

– Yes, I shall certainly inform the Leader of the Opposition in the other place of the fact mentioned by the honourable senator. I did not read the article referred to by the honourable senator, but I do know the city of Elizabeth and I am happy to recommend it to the Leader of the Opposition.

page 1566

QUESTION

TAIWAN

Senator POKE:
TASMANIA

– In the absence of the Minister representing the Minister for Foreign Affairs, I address a question to the Leader of the Government in the Senate. I might add that I also have a supplementary question. Is it a fact that the Australian Government stated the view that Taiwan should not be expelled from the United Nations because it was a foundation member of that body and it had always acted as a responsible member and discharged its membership obligations?

Senator Sir KENNETH ANDERSON:

In the absence of Senator Wright, who represents the Minister for Foreign Affairs in this place - he is absent because of a family bereavement - let me say that, having regard to the historical facts of the case and because the question should be answered with particularity and in detail, I would prefer it to be placed on the notice paper. If there is to be a supplementary question, that also should be placed on the notice paper.

page 1566

QUESTION

IMPORTED FABRIC

Senator WEBSTER:
VICTORIA

– Has the attention of the Minister representing the Minister for Customs and Excise been drawn to the fact that samples of fabric have been imported into Australia from Mainland China which purport to be, and are labelled so as to lead a purchaser to believe that they are woollen piece goods when in truth the material contains no wool whatsoever and is manufactured from 100 per cent man made fibre? If, from these samples, goods are ordered for import, on what basis will customs duty be charged? Will it be charged on the basis of the true composition of the material or the wording of the false declaration?

Senator COTTON:
LP

– I am sure that the Minister for Customs and Excise and his officers will know about this. I. am equally sure that they will establish the proper level of duty, based upon the true article and not what it purports to be. I shall direct the question to the Minister to make quite sure that he and his officers are thoroughly up to date with the position.

page 1567

QUESTION

STANDARD GAUGE RAILWAY PROJECT

Senator McLAREN:
SOUTH AUSTRALIA

– In view of recent rulings by you, Mr President, that newspaper reports cannot be verified as being accurate, will the Minister representing the Minister for Shipping and Transport make a statement on the report appearing in the Adelaide ‘Sunday Mail’ of 30th October in which the Commissioner of Commonwealth Railways, Mr Keith Smith, is claimed to have revealed that $250m is to be expended on a standard gauge rail link between Adelaide and Darwin and that work is to commence within 18 months? If these reports are correct, will the Minister make available to the Senate at an early date a detailed report on the entire project.

Senator COTTON:
LP

– I think the operative words of the honourable senator’s question are ‘if these reports are correct’. 1 have received from the Department a fairly detailed statement in answer to the article which appeared in the ‘Sunday Times’ of Western Australia and the ‘Sunday Mail’ of South Australia. The material from the Department says this: The article does not reflect the real position. The position is that the Commonwealth is committed by the Northern Territory Acceptance Act and the 1949 Railway Agreement (South Australia) Act to the eventual construction of a standard gauge line from Darwin to Port Augusta. The Commonwealth agreed in principle to the construction of new standard gauge lines from Tarcoola to Alice Springs to replace the existing narrow gauge line. The SurveyorGeneral has surveyors studying detailed routes of this line. This will be a major step in fulfilling these obligations. But there are no plans for constructing the line beyond Alice Springs at this stage. That is as much information as I have. I will direct the honourable senator’s question in its entirety to the Department to see whether there is anything it would care to add.

page 1567

QUESTION

ABORIGINAL CHILDREN

Senator CARRICK:
NEW SOUTH WALES

– My question, which is directed to the Minister for Health, relates to the acquisition of the Mount Gillen Motel at Alice Springs by the Department of Health. Is the building functioning as yet as a treatment centre for malnourished and convalescent Aboriginal children? If so, what is the capacity of its accommodation and numbers of nursing staff? Has the Department renewed its previous practice of regular visits by trained nursing staff to Aborigines located on Northern Territory cattle stations?

Senator Sir KENNETH ANDERSON:

My attention was directed by Senator Carrick to an article that appeared in a magazine, and consequently I can say that I am conversant with the issues that he raises and that were raised in the article concerned. They are indeed problems to which 1 have devoted a great deal of attention, and I have referred to them here in the Senate in the last few weeks. Basically the problems of Aboriginal health in the southern region of the Northern Territory stem from the environmental conditions under which the Aboriginals live. Of course, honourable senators will also be aware that many very important aspects of the overall arrangements for Aboriginal welfare come within the ambit of my colleague, the Minister for the Interior, with whom I am in frequent consultation on this whole matter.

My Department is attacking the problem on 2 fronts - preventive and curative. In the preventive held I am pleased to be able to inform the Senate that my Department is expanding its rural health programme to increase the number of visits to cattle stations, settlements and missions. Reference in the article to a reduction in the number of health visits to cattle stations does noi reflect the present position. In the area of curative services, and specifically those applying to Aboriginal infants, I am pleased to be able to report to the Senate that yesterday the final steps were taken to complete the acquisition of a large motel in Alice Springs which is to be converted as a matter of urgency for use as a child care centre. When that centre is in operation - which I expect will be quite early in the new year - it will have accommodation for some 40 children in ward areas and for 16 mothers, plus their infant children, in separate room accommodation. A nursing establishment of 45 will be specially recruited to staff this new centre. The centre will supplement the intensified rural health programme now being conducted from Alice Springs and should have a considerable impact on the whole picture of Aboriginal child health in that area.

page 1568

QUESTION

VIETNAM

Senator PRIMMER:
VICTORIA

– My question is addressed to the Minister representing the Prime Minister. Is it a fact that the Prime Minister, Mr McMahon, learned only last Thursday of the American proposal that Australia send more troops to Vietnam? Has this proposal been under discussion by departmental and military advisers for some months? If so, does this indicate that departmental and military advisers are usurping the role of the elected representatives of the Australian people?

Senator Sir KENNETH ANDERSON:

Earlier, the Leader of the Opposition in the Senate, Senator Murphy, posed to me a question to which this subsequent question has some relationship. In his statement to Parliament on 18th August on the future of Australian forces in Vietnam the Prime Minister indicated that consideration would be given to the retention of some military training and advisory elements in Vietnam. The size of these elements and their task are under discussion. We are now examining also the possibility of making arrangements to include the training of Cambodians in Vietnam. There are no Australian military advisers or instructors in Cambodia and there is no intention of sending any. Of course, this is a policy matter and one which will necessarily be the subject of consultation with allies. The Prime Minister may be discussing the matter in the United States. Honourable senators will appreciate - and this is as spoken a few moments ago by the Acting Prime Minister in the other place - that I am not in a position to indicate at this stage the outcome of this combined consideration of this matter.

page 1568

QUESTION

UNITED NATIONS

Senator LILLICO:
TASMANIA

– In the absence of the Minister representing the Minister for Foreign Affairs. I ask the Leader of the Government in the Senate whether it is correct as reported in one newspaper that the Ukraine and one other State of the Soviet Union - I forget which but there are 2 of them - are both fully fledged members of the United Nations? If so, would it not be justice to apply this principle to the membership of Taiwan and Red China instead of the unworthy, despicable decision to expel a country which has done nothing to deserve such a fate?

Senator Sir KENNETH ANDERSON:

I am sure wc all appreciate that the decisions were taken at the United Nations as the result of a vote on a series of resolutions which were passed. Having said that, I confine myself to saying that I shall refer the honourable senator’s question to the Minister for External Affairs. In any event, I shall have a list of all the constituent members of the United Nations sent to the honourable senator. When I do that I am sure he will agree that unless one carried out some research a lot of nations would be difficult to locate in the light of the geography learned by the honourable senator and myself.

page 1568

QUESTION

AIR ACCIDENTS

Senator BISHOP:
SOUTH AUSTRALIA

– I ask the Minister for Civil Aviation whether it is a fact that representatives of the Australian Federation of Air Pilots have recently discussed with the Minister the need for new and improved procedures, including representation from the Federation of Air Pilots, in relation to air accident investigations? Has the Federation also requested a new inquiry into the Trans-Australia Airlines - Canadian Pacific Airlines incident? If so, what action does the Government intend to take in relation to these 2 matters?

Senator COTTON:
LP

– The Australian Federation of Air Pilots sent a delegation to Canberra and it had a talk about the particular matter to which the honourable senator refers plus some other matters. The Federation discussed matters with me in detail and I communicated its view - properly as 1 should - to the Department. The Federation did not request me to conduct any other kind of inquiry in any official sense whatsover. I have taken note of what it has had to say although I do not necessarily agree with it. Properly I should see the delegation and I have seen it.

Questions

page 1569

QUESTION

HOUSING

Senator BUTTFIELD:
SOUTH AUSTRALIA

– I ask the Minister representing the Minister for Housing whether he has had an opportunity to examine the announced Australian Labor Party policy to subsidise home building costs? Is it a fact that Mr Whitlam has said that a Labor government would grant a 2 per cent subsidy on all home building loans? If this is so, does the Minister consider that this would deter people from saving for their own house as the larger the loan the greater the subsidy? Can I also ask for an explanation of what was meant when Mr Whitlam said that the subsidy would be a short term measure? How short is it likely to be? Will it be for one year only? If not, how can the Minister explain Mr Whitlam’s comments that the loan would cost the Government only $80m a year? If the subsidy is to continue for more than a year will not the amount be a continuing and additional amount of $80m each year?

Senator Murphy:

– I rise to order. I suggest, Mr President, that this question not only in one respect but repeatedly has offended against standing order 99 in that it contains arguments, inferences, imputations, ironical expressions and hypothetical matter. It asked for an expression of opinion and probably also for legal opinion. I suggest that it is not a proper use of question time to start a debate on some matter of the Opposition’s policy, let alone the Government’s policy, that debate being between a questioner on the Government side of the chamber and a Minister. But, apart altogether from offending against the requirements of the standing order, the question offends against the requirements of fair play and decency when an attempt is made to indulge in a debate of this character in this way.

Mr PRESIDENT:

– I inform the Leader of the Opposition that I was pondering on that very standing order while listening to Senator Gietzelt ask his question. Because I decided to allow that question to be answered, I decided also to allow Senator Buttfield to finish asking her question. I think that both questions were out of order. In future I intend to see that honourable senators are obedient entirely to the standing order to which the Leader of

Questions 1569 the Opposition has referred and drawn my attention. The Minister may decide for himself whether he will reply to Senator Buttfield’s question.

Senator COTTON:
LP

– I was about to say in reply to the question that all I could do in the circumstances would be to have the figures that have been quoted thoroughly checked and referred to the responsible Minister by having the question put on the notice paper. I make the observation that I think the comments made by the Leader of the Opposition about fairness and decency are worth listening to by everybody.

page 1569

QUESTION

TAXATION BRANCH

Senator TOWNLEY:
TASMANIA

– Will the Minister representing the Treasurer state whether some Commonwealth Taxation offices are now overstaffed as the bulk of their work is now done by computers? What was the cost of operating the Taxation Branch computers during the pas year and what is the expected cost for the present year? What economies in staff numbers have been made since the introduction of computers into the Taxation Branch?

Senator Sir KENNETH ANDERSON:

It would be impossible for me to give precise information in reply to this question, but I shall seek that information from the Treasury. I feel bound to say also that it would be quite unreal to imagine that any government department or private business could simply press a button and say: ‘Hey presto, we have computers’. It is a long and arduous procedure to install computers. If I am any judge of the Public Service Board, its requirements would be that there be a phasing of staff to deal with the introduction of computers over a period, that the phasing of staff have regard to redundancies, if any, and that the intake of new officers into a department be watched to ensure that there was no injury to the employment rights of people in the department. I am sure that that is the answer to the question, but as to the detailed information about the costs of computers I shall have to obtain that from the Minister and make it available to the honourable senator. 2 November 1971

page 1570

QUESTION

PAKISTANI REFUGEES

Senator WRIEDT:
TASMANIA

– My question is addressed to the Minister representing the Minister for Foreign Affairs, who I presume at the moment is the Leader of the Government, ls it a fact that the Australian Government has taken no initiative to offer its services in resolving the current dispute between India and Pakistan? Is it not also a fact that assistance will continue to be needed until such time as a political solution allows the refugees to return to East Pakistan? For how long does the Government expect Australians to continue to donate to this cause while it takes no initiative to help to solve the problem?

Senator Sir KENNETH ANDERSON:

As to the Government not taking initiatives and linking this suggestion to contributions made to help the refugee situation, let me say that as late as last week I put down in this place a statement in relation to an added Commonwealth subvention in respect of the tragic refugee position in India vis-a-vis Pakistan. So to that extent the question is inaccurate, if I may use a gentle word. In relation to the balance of the question in which the honourable senator seeks information about Australia’s intervention, I ask that that broader question go on the notice paper.

page 1570

QUESTION

PAPUA NEW GUINEA

Senator GAIR:

– I address a question to the Minister representing the Minister for External Territories. Is it true that the recent delegation to Canberra of Papuan politicians, headed by Mr Oala OalaRarua, the Assistant Ministerial Member for Treasury, requested a system of regional assemblies or parliaments m Papua New Guinea? Was the purpose of this request to safeguard ethnic and minority rights against the encroaching demands of central government in Port Moresby? Will the Minister give an assurance that any request by responsible Papuan politicians for a federal government in New Guinea that will not infringe State or regional rights will receive full and sympathetic consideration from the Australian Government?

Senator COTTON:
LP

– I did notice a reference to this when Oala Oala-Rarua and his delegation were here to talk to the Minister for External Territories and officers of that Department. 1 read in the Press that they had made this proposal, but I have nothing to confirm that they did. People who are familiar with Papua New Guinea would understand that some people might think that that is a good idea. I am quite sure that if they made such a proposal the Department would study it earnestly. I am equally sure (hat the Department will have done a lot of work on this. One would need lo have regard to the problems Senator Gair mentioned - the difficulty of centralisation in a country so mixed in dialects in tribes, races and ethnic characteristics, and the cost of government. I will direct his question to the responsible Minister.

page 1570

QUESTION

OIL EXPLORATION

Senator WEBSTER:

– Has the attention of the Leader of the Government in the Senate been drawn to the comments of a director of Woodside Oil NL that the merger of the interests of Woodside Oil and Mid-Eastern Oil NL are a sell-out to overseas interests of great Australian natural resources and a sell-out of the last vestige of Australian control of the oil and gas leases on the northwest continental shelf? Will the Minister assure the Senate that the situation as described is not correct? Can the Senate be assured that the Government is alert to see that the control of our natural resources remains with the Government?

Senator Sir KENNETH ANDERSONI would agree with the honourable senator; the words attributed to the person whom he mentioned are strong words. Like him, I would express the view that the inferences that have been drawn from them are completely inaccurate. I would like the Senate to have the advantage of a response to that question as a question on notice, because no doubt it would give the facts in relation to the transaction and the implications in regard to Australian participation. For that reason I would ask that the question be placed on notice.

page 1570

QUESTION

SECURITY

Senator CAVANAGH:
SOUTH AUSTRALIA

– I ask a question of the Attorney-General. Was he responsible for charging a Mr Trevor Wayne Kotz of Adelaide with having unlawfully received part of a film belonging to the Commonwealth Weapons Research Establishment? Did the evidence show that the part of the film received by Kotz was a 5 feet leader strip which conveyed only the word ‘secret’ and some identification numbers? Did the defendant plead guilty to the charge and did the magistrate, in accordance with his powers under section 19 of the Crimes Act, dismiss the charge as trivial?

Senator GREENWOOD:
Attorney-General · VICTORIA · LP

– I was not responsible, nor was anyone in the Attorney-General’s Department responsible for the prosecution of Mr Kotz. He was prosecuted by Commonwealth police acting in accordance with their discretion as police officers. 1 understand that the evidence did show that a small amount of film was in his possession. The charge levelled against, him was that he had received Commonwealth property knowing it to have been stolen. It is true that he pleaded guilty to that charge and that the magistrate, after reserving his decision, did dismiss the charge under the section of the Crimes Act to which the honourable senator has referred.

page 1571

QUESTION

MIGRANT EDUCATION

Senator MULVIHILL:
NEW SOUTH WALES

– Is the Acting Minister for Immigration in a position to give a reply to the detailed criticism of our migrant education programme contained in the Melbourne Brotherhood of St Laurence extensive survey which, in the last 72 hours, has been largely substantiated by comments made by the New South Wales Department of Education and the Sydney Catholic Education Office?

Senator COTTON:
LP

– I have read some of the material to which the honourable senator referred. 1 have already asked for a detailed statement to answer these accusations chapter and verse. The earlier material which I had and which I have read does not confirm what is said, but I think I should update that.

page 1571

QUESTION

CRIMES ACT

Senator GEORGES:
QUEENSLAND

– My question, which 1 address to the Attorney-General, follows on the question by Senator Cavanagh and the answer given to him. In spite of the assurance given by the Attorney-General that it was not his Department that instigated proceedings, can the Senate be assured that it was not his

Department that imposed upon the Commonwealth Police not to press full charges against the person arrested?

Senator GREENWOOD:
LP

– I am not quite sure of the particular aspects of the prosecution of Mr Kotz to which the honourable senator has referred. In those circumstances, and having regard to the fact that he asked for an assurance by me following upon the answer I gave to Senator Cavanagh, I think the appropriate course is to ask the honourable senator to put his question on the notice paper and I will be able to give him an appropriate answer.

page 1571

QUESTION

UNITED NATIONS

Senator POKE:

– My question, which I address to the Leader of the Government in the Senate, is supplementary to the question asked by Senator Lillico. I ask: Can the Minister reconcile the view that Taiwan has always met its United Nations obligations with the fact that Taiwan left the United Nations owing S30.3lm in unpaid membership dues?

Senator Sir KENNETH ANDERSON:

I would not know the precise amounts involved but I do know that many other countries owe a financial debt to the United Nations. I suggest that the honourable senator place the balance of his question on the notice paper.

page 1571

QUESTION

CIVIL AVIATION

Senator Douglas McClelland:
NEW SOUTH WALES · ALP

Has the Minister for Civil Aviation seen a statement attributed to the New South Wales Chief Secretary and Minister for Tourism which calls for an immediate open inquiry into negotiations between the Department of Civil Aviation and airline operators operating within and from Australia? Does the Minister agree that under this Government’s policy the interest of the airline operators have been allowed to supersede the interests of passengers and those people whose homes are situated near airports? Does he agree with the contention of the New South Wales Chief Secretary that the entire Commonwealth policy is urgently in need of review by an independent body? Will the Minister agree to such an independent public inquiry being established?

Senator COTTON:
LP

– I agree with none of the contentions of the honourable senator or of the New South Wales Minister to whom he refers.

page 1572

QUESTION

LAND SALES

Senator MILLINER:
QUEENSLAND

– Is the Minister representing the Minister for Primary Industry aware of the discontent expressed by people in the rural areas of Australia - victims of the rural depression - because Sir William Gunn is selling off another slice of Australia to overseas financial combines? Can the Minister indicate whether he and the Government view with alarm this attempt by Sir William Gunn? Can the Minister also indicate whether the Australian land sought to be sold by Sir William Gunn will be made available for purchase by the Australian people?

Senator DRAKE-BROCKMAN:
CP

– I do not know whether I would agree with the honourable senator that there is discontent throughout the rural community because of the matter to which he refers. There is some discontent because of the prices rural producers are receiving for their products. However, I will ask the Minister for Primary Industry to have a look at the honourable senator’s question and to give him a reply.

page 1572

QUESTION

TAA FLIGHT

Senator POYSER:
VICTORIA

– ls the Minister for Civil Aviation aware that 19 pieces of passengers’ luggage were off-loaded from Trans-Australia Airlines flight 437 from Canberra to Melbourne last Friday? Is he also aware that passengers were not advised that that had been done until they reached Melbourne and the last piece of luggage loaded for the flight had been collected? Can the Minister explain why the ticket numbers of the off-loaded luggage were not announced during the flight so that the passengers concerned could have arranged for the forwarding of their luggage to their respective destinations, thereby avoiding a delay of 20 to 30 minutes in Melbourne? By way of explanation 1 wish to advise the Minister that my wife and I missed our train to Geelong because of this unnecessary delay in Melbourne and we were seriously embarrassed in meeting an important engagement in that city on time.

Senator COTTON:
LP

– I have spoken to Mr Ferrier, who is the airport manager in Canberra, and he has advised mc that it was necessary to offload the luggage because of weather conditions prevailing at Canberra Airport on Friday afternoon. There were strong northerly winds and a high ground temperature. Because of these factors the take-off weight of the aircraft had to be reduced to 88,000 lb. He has indicated to me that a message was announced over the aircraft public address system informing passengers that some luggage had been left behind, and the Melbourne office was then advised of the tag numbers so that passengers could be advised on arrival. As the information that I have does not allow me to answer the honourable senator’s question fully I shall seek further information from the TransAustralia Airlines office in Melbourne.

page 1572

QUESTION

DIABETES

Senator BROWN:
VICTORIA

– Is the Minister for Health aware of the suggestion by Professor Levine, a recognised world authority on diabetes, that Australia should set up a national public testing programme for diabetes because the number of people with diabetes was growing and population testing was crucial in the fight against this disease? Will the Minister examine the professor’s suggestion with a view to initiating measures to implement such a scheme?

Senator Sir KENNETH ANDERSON:

My attention has been drawn to the statement made by the professor. I have asked to have it processed so that I may be informed of the background and have some examination of it. When this has been done, I shall reply in the Senate to the honourable senator’s question.

page 1572

QUESTION

COMMONWEALTH AIRCRAFT CORPORATION; GOVERNMENT AIRCRAFT FACTORIES

Senator POYSER:

– I direct my question to the Minister representing the Minister for Supply. Is it a fact that negotiations between the Commonwealth Aircraft Corporation and the Government Aircraft Factories for amalgamation of the 2 organisations have received a severe setback because Broken Hill Pty Co. Ltd.. one of the major shareholders in CAC, is demanding a 51 per cent equity in the new company? Can the Minister advise me of the assets currently held by both organisations?

Senator DRAKE-BROCKMAN:
CP

– I am seeking information already on some aspects of the matter raised by the honourable senator. I think that this question should therefore go on notice so that I can obtain further information.

page 1573

QUESTION

DEFENCE

Senator KEEFFE:
QUEENSLAND

– I ask the Minister representing the Minister for Defence: Is it a fact that troops from Singapore will now be trained in Australia? If the answer is in the affirmative, what amount in rent will be received annually from that country towards covering the cost of housing and barracks occupied by troops from Singapore?

Senator Sir KENNETH ANDERSON:

As late as yesterday I noticed a comment on this matter; I cannot say where I read it. In all the circumstances, I think the question should go on notice so that I can obtain a detailed reply to it.

page 1573

QUESTION

SECURITY

Senator CAVANAGH:

– I direct a question to the Minister responsible for the Commonwealth Police whom, I believe to be the Attorney-General. With reference to the charge against Trevor Wayne Kotz for receiving part of a film from the Weapons Research Establishment, did Dr M. W. Woods, Director of the Establishment, confiscate 40 feet of the same film from a reporter of the Adelaide ‘Advertiser’ who claimed that the film was obtained from Kotz? If so, why was this fact not disclosed to the court conducting the trial? Had the Commonwealth Police agreed to pay Kotz $300 for information which would lead to the recovery of the whole of the missing film but were they prevented by an order from higher authority to arrest and charge Kotz?

Senator GREENWOOD:
LP

– Insofar as the honourable senator’s question seeks information as to what Dr Woods did or did not do, I am unable to answer him. Dr Woods, as I understand it, is an officer of the Department of Supply and is located at Woomera. I have only recently had my attention drawn to certain allegations in a news sheet saying that the Commonwealth

Police had made offers to certain persons or that a person had made offers to the Commonwealth Police, in return for the payment of money, to divulge certain information, and I have not been able to check those allegations. I shall do so and I will let the honourable senator have a reply.

page 1573

QUESTION

SECURITY

Senator CAVANAGH:

– I ask a supplementary question. I asked questions about this matter a month ago and one addressed to the Minister for the Interior is still on notice. I ask the Attorney-General: Did the trial magistrate in the case of the Commonwealth v. Kotz express the opinion that a prima facie case for a more serious charge of attempting to obtain money from the Commonwealth Police by false pretences could be made out? Why was Kotz prosecuted on a trivial charge and not on the more serious one? Was the Commonwealth afraid that evidence in rebuttal of the more serious charge or a charge against any person for stealing secret film would expose to other countries the failure of Australian security to protect secret documents?

Senator GREENWOOD:
LP

– 1 am unable to say whether or not the magistrate used words such as those alleged by the honourable senator or words to that effect but I shall endeavour to find out what he did say. With regard to the charge being dismissed by the magistrate, I can only say that before the magistrate reserved his decision - this is as it has been reported to me - he indicated to the defendant, who had pleaded guilty, that he would consider giving a bond to him if he revealed to the police further information as to where he obtained the stolen material. However, after reserving his decision, the magistrate on the day he delivered his decision said that although the circumstances surrounding the charge might be serious the charge itself was not and he thought that the offence, divorced from matters which he did not think it proper to take into consideration, was trivial, and therefore he dismissed the charge.

As to the allegation that certain conduct occurred or certain steps were not taken because of a fear that security might be shown to be imperilled, I can assure the honourable senator, as a result of the inquiries I have been able to undertake, that no such consideration was involved. The Commonwealth police at all times have been concerned to ascertain how Mr Kotz came into possession of material of which he should not have had possession, and have been diligently ascertaining, as best they are able, the circumstances surrounding the whole of this matter.

page 1574

QUESTION

SOUTH VIETNAM

Senator GEORGES:

– In a statement put down by him today the Leader of the Government in the Senate announced that the Minister for Foreign Affairs had gone to Saigon to be present at the inauguration of President Thieu. I ask: Why was there such a high level representation to celebrate such an undemocratic result? Does this indicate that the Australian Government approved of the method of the election of President Thieu, which excluded all other candidates? If so, why has there been a change of attitude on the part of the Government which previously did not approve of the election and did not send observers?

Senator Sir KENNETH ANDERSON:

The honourable senator expresses his views in his question and I am sure they have no relationship to fact. I put down a statement saying that the Minister for Foreign Affairs had gone to Saigon on the occasion of the inauguration of the President and that he would be home tomorrow. Anything that Senator Georges added is an expression of his own personal views. They certainly are not my views or those of the Government.

page 1574

QUESTION

PYRAMID SELLING

Senator MCAULIFFE:
QUEENSLAND

– I wish to ask a question of the Attorney-General. When I asked a question earlier regarding pyramid selling 1 was requested to place it on the notice paper and was told by an honourable senator that there is already a question about it on the notice paper. I have searched through the notice paper. While there is a question about pyramid selling on the notice paper it is not in line with the aspect I wish to develop.

The PRESIDENT:

– What is your question?

Senator MCAULIFFE:

– My question is: Is the Attorney-General aware of an increase in the practice of what is known as pyramid selling? Will he consult with the appropriate authorities in the States on the possibility of uniform action to control this form of selling?

Senator GREENWOOD:
LP

– I am not aware of an increase recently in the practice of pyramid selling but I am aware that there has been an emergence of this trade practice in Australia in recent times. I am not able to say how widespread it is but I am aware that persons have been enticed into the practice and that not only have some fingers been burnt but also some persons have been exposed to bankruptcy or near bankruptcy as a result of undertaking commitments for which they could not obtain the returns which they believed, as a result of the inducements held out to them, they would be able to obtain. I think it is a practice which essentially could be avoided if only people would realise that they cannot be made rich quickly by adopting the practices suggested by those at the top of the pyramid.

I attended a meeting of the Commonwealth and State Attorneys-General in Hobart last Thursday and Friday at which this matter was discussed. The difficulties of uniform action are very real, just as it is difficult to define the practice of pyramid selling in a way that will prohibit the practice and at the same time not imperil or prejudice what are quite legitimate trading activities. However, as a result of the discussions which took place at that conference. I said that the matter would be looked at in the course of the review of the existing trade practices legislation to which the Government is committed.

page 1574

QUESTION

MEDICAL BENEFITS

Senator POKE:

– My question is addressed to the Minister for Health. The Minister will recall that last week I asked him a question about the allocation of an item number under the Commonwealth schedule of medical benefits for venipuncture services. I ask: Has the Minister yet got this information? [f so. will he inform the Senate about it?

Senator Sir KENNETH ANDERSON:

It is true that Senator Poke asked me a question last week about the determination of an item number in the medical benefits schedule for the service known as venipuncture. As promised. I have had the matter examined. The following information was supplied to me by my Department: Venipuncture is a medical term to describe the taking of a blood, sample for the purpose of a pathology test. In some cases the venipuncture is performed by a doctor who himself carries out the pathological test. In cases of the kind to which Senator Poke apparently refers, the service of venipuncture and the pathology test are regarded as a single medical service for which the medical benefits appropriate to the pathological test are payable. In those cases a separate benefit is not payable for the venipuncture. In other words, one can only claim when it is done by the one person. In other cases the doctor who performs the venipuncture forwards the blood specimen to another doctor - the pathologist - for testing. When this is done the patient of the doctor who carries out the venipuncture may be paid medical benefits for the venipuncture - item 931 of the schedule - or a consultation but not both. That is because a consultation and a venipuncture are regarded as a single medical service. I might add that the question of the retention of item 931 in the schedule of benefits is currently under review.

page 1575

QUESTION

TRAVEL AGENTS

Senator KEEFFE:

– I address a question to the Minister representing the MinisterinCharge of Tourist Activities or to the Leader of the Government in the Senate. Is it the intention of the Government to license travel agents in order to ensure that members of the travelling public are completely protected when deposits are paid for cruises and tours? Can such licensing be instituted under the Commonwealth Constitution, or will it be necessary to take this action under State legislation?

Senator COTTON:
LP

– This matter was being considered, to the best of my knowledge, some while ago. What stage it has reached, I do not know. I can understand Senator Keeffe’s concern because in the travel agent area from time to time there are occasions when one would like to see a much higher level of responsibility exercised towards people who pay money to travel and who do not get to travel. So I shall inquire for him. The matter has my interest, as well as his.

page 1575

QUESTION

PRIME MINISTER

Senator GEORGES:

– May I tentatively test your patience, Mr President, and ask a question of the Leader of the Government in the Senate?

The PRESIDENT:

– My patience is almost infinite.

Senator GEORGES:

– I have found that in the past. Will the Leader of the Government agree that when the Prime Minister operates within Australia he reflects the policies and attitudes of the Liberal and Country Parties and they alone need suffer the embarrassment of any attack on his reputation? Will he also agree that when the Prime Minister is overseas his reputation is the concern of all Australians including the Opposition? Will he therefore take steps to advise the Prime Minister’s Press officer that the term ‘Battling Billy’ is neither dignified nor acceptable and that its use in Press reports ought to be discouraged, especially before some enterprising journalist adds to the description and so completes our humilitation?

Senator Sir KENNETH ANDERSONAN I can say that this is a free country and I have heard many people speak about freedoms, not only on our side of the chamber but also on the other side. Senator Georges’ question implies that a form of censorship would be exercised. I wonder whether that is the Labor Party’s policy?

page 1575

QUESTION

REGULATIONS AND ORDINANCES COMMITTEE

Senator MURPHY:

– My question is directed to Senator Wood in his capacity as Chairman of the Standing Committee on Regulations and Ordinances. I refer to standing order 36a which provides that all regulations and ordinances laid on the table of the Senate, with some exceptions, shall stand referred to such Committee for consideration and, if necessary, report thereon. I ask Senator Wood whether his Committee would take into consideration the question of reporting from time to time on those ordinances - some made many years ago - which are no longer subject to disallowance and which may not meet the standards the Committee presently applies to the ordinances which come before it? I may say that it seems certain that some provisions of the regulations and ordinances already on the book are unconstitutional and that others almost certainly would not meet present requirements. Will he take into consideration the question of whether reports should be made on those regulations?

Senator WOOD:
QUEENSLAND

– I thank Senator Murphy for his continual interest in the work of the Standing Committee on Regulations and Ordinances. I assure him that the point he has brought forward will be recommended by me to the Committee for consideration and that where possible we will comply with that request.

page 1576

QUESTION

ATOMIC ENERGY

(Question No. 1307)

Senator CAVANAGH:

asked the Minister representing the Minister for National Development, upon notice:

  1. Does the Atomic Energy Act 1953-1966 require that the discovery, of a ‘prescribed substance’ be reported, at the time of discovery, to the Minister?
  2. Is uranium a ‘prescribed substance’ in the terms of the Act?
  3. Is it the practice for the report of the discovery of a ‘prescribed substance’ to be made to the Minister through the Australian Atomic Energy Commission?
  4. Has any member of the Commission, between the date of notification of a discovery to the Commission and the date upon which the discovery has become public, acquired shares in mining companies which have discovered uranium?
Senator COTTON:
LP

– The Minister for National Development has provided the following answer to the honourable senator’s question:

  1. Yes.
  2. Yes.
  3. Yes.
  4. No.

page 1576

QUESTION

HEALTH

(Question No. 1404)

Senator MULVIHILL:

asked the Minis ter for Health, upon notice:

Will the Minister arrange for women to receive the benefit of specialist medical treatment, without the need for referral by general practitioners, in cases where they have known medical problems?

Senator Sir KENNETH ANDERSON:
NEW SOUTH WALES · LP

The answer to the honourable senator’s question is as follows:

I am unable to agree to the honourable senator’s request. The referral system introduced on 1st November 1970 is based on long accepted practice within the medical profession. The system is considered necessary because of the large number of services introduced with the new Health Benefits Plan which attract benefits at the higher specialist rates. The system recognises that general practitioners are the doctors of first contact and, as family, doctors, have an overall responsibility for the medical treatment of their patients. Payment of specialist benefits is dependent upon referral by another practitioner and no general exception can be made in the case of women patients.

page 1576

QUESTION

COLOUR TELEVISION

(Question No. 1414)

Senator POYSER:

asked the Minister representing the Postmaster-General, upon notice:

  1. When is colour television likely to be available in Australia?
  2. Has any progress been made towards giving some indication both to the trade and the public as to when the Government will approve of the introduction of colour television?
Senator GREENWOOD:
LP

– The PostmasterGeneral has provided the following answer to the honourable senator’s question:

  1. and (2) The question of the introduction of colour television in Australia was, late last year, the subject of a most exhaustive examination by the Government having regard to the wide range of information available to it, including a report from the Australian Broadcasting Control Board. As I announced on 14th December 1970, the outcome of the Government’s examination of the matter was that it was decided not to declare any date for the introduction of colour television at that stage. I also said that when the Government subsequently agreed to the introduction of colour television, 3 years notice would be given in order to allow industry to prepare adequately. In the circumstances, I cannot say when colour television will be introduced to Australia, but the question will be kept under review. I should add, however, that on the technical side, the Australian Broadcasting Control Board has determined standards which have been made available to the industry.

page 1576

QUESTION

POSTCODES

(Question No. 1511)

Senator POYSER:

asked the Minister representing the Postmaster-General, upon notice:

Are the postcodes to be changed throughout Australia? If so, what period of warning will be given to industry and commerce or, alternatively, what compensation will be paid to industry and commerce for stationery which will become outdated by the change.

Senator GREENWOOD:
LP

– The PostmasterGeneral has provided the following answer to the honourable senator’s question:

No. Present planning does not include the changing of postcodes throughout Australia.

page 1577

QUESTION

BOXING

Senator GREENWOOD:
LP

– On 5th October 1971 Senator Primmer asked me the following question:

In view of the death in Brisbane last Friday of the Filipino boxer Alberto Jangalay, what action does the Postmaster-Genral intend to take to remove the violence of boxing from our television screens in line with the expressed attitude of the Australian Broadcasting Control Board to violence on television? Does the Board require more boxers to die during a televised boxing match before it takes action?

The Postmaster-General has now furnished me with the following information in reply:

I have discussed the matter raised with the Chairman of the Australian Broadcasting Control Board and understand that the bout in question was not in fact televised. With regard to the televising of boxing contests generally, the Board is of the view that it would not be justified in intervening in the present arrangements between television stations and the boxing organisations governing the conduct of boxing programmes. Boxing, which is a widely accepted form of sport in Australia, is permitted by law and is conducted under accepted rules with the proper supervision of a qualified referee who has regard to the apparent condition of the contestants during the course of the bout.

page 1577

QUESTION

AUSTRALIAN CAPITAL TERRITORY: FREEHOLD LAND

(Question No. 1317)

Senator MULVIHILL:

asked the Minister representing the Minister for the Interior, upon notice:

  1. What portion of the 22,000 acres of freehold land recently and compulsorily acquired in the Australian Capital Territory will be earmarked for parklands of various categories?
  2. What is the total acreage of remaining freehold land in the Australian Capital Territory. How many landowners hold it and how much of the land will be put aside for parklands?
Senator COTTON:
LP

– The Minister for the Interior has provided the following answer to the honourable senator’s question:

  1. It is not possible to state at this time what proportion of the lands acquired will be put aside for parkland. It is normal practice in the Australian Capital Territory to set aside adequate areas for parkland in association with the provision of urban development. In addition it can be envisaged that hill top areas which are too steep or otherwise unsuitable for urban use will be retained in their existing state as parkland or as open rural areas.
  2. There is about 70,034 acres held in freehold by 85 owners (excluding lands in the Oaks Estate and the villages of Hall and Tharwa). Again it is not possible at this time to define the quantity of this land which would be set as parkland.

page 1577

QUESTION

CIGARETTE ADVERTISING

(Question No. 1343)

Senator WILLESEE:
WESTERN AUSTRALIA

asked the Minister for Health, upon notice:

  1. Will the Minister heed the call of the Chairman of the Government Members’ Health Committee, Mr D. J. Hamer, M.P., who yesterday advocated a total ban on all forms of cigarette advertising?
  2. Does the Minister disagree in any way with Mr Hamer s view that the effect of the massive advertising campaign is to increase the number of cigarettes being smoked?
Senator Sir KENNETH ANDERSON:

The answer to the honourable senator’s question is as follows: (1)I have noted the views of the Chairman of the Government Members’ Health Committee in relation to the banning of cigarette advertising.

  1. It is presumed that the purpose of cigarette advertising is to promote the consumption of cigarettes.

page 1577

QUESTION

CIGARETTES

(Question No. 1359)

Senator WILLESEE:

asked the Minister for Health, upon notice:

  1. Has the Director-General of Health submitted a report to the Government on the World Health Organisation recommendations on smoking? If so, will the Minister publish the report as requested by the Australian Council on Smoking and Health?
  2. What has the Government done to implement the World Health Organisation recommendations?
Senator Sir KENNETH ANDERSON:

The answer to the honourable senator’s question is as follows:

  1. The Director-General of Health has drawn my attention to the recommendations of the World Health Organisation on smoking. These recommendations are very similar to the recommendations of the National Health and Medical Research Council, which have been studied by the Government. The views of the Government in this matter have been stated on a number of occasions.
  2. The recommendations contained in the World Health Organisation’s report are mainly concerned with the areas of health education on smoking; warning labels on cigarette packets; restrictions on the contents of cigarette smoke; and other recommendations regarding taxation measures in respect of tobacco. These latter recommendations would of course come within the jurisdiction of my colleague, the Treasurer. So far as the other recommendations are concerned,- I should firstly state that the action which the Commonwealth can take in these areas is limited. Major areas of responsibility lie within the jurisdiction of the individual State Governments. In the mainland Territories, the Commonwealth has intensified health education programmes to discourage smoking, and is co-operating with the education authorities in developing effective health education programmes in the health aspects of smoking.

Concerning warning labels on cigarette packets the Commonwealth Government has undertaken to introduce complementary legislation when all State Governments have implemented measures requiring such labels.

Action has also been taken by the Commonwealth Government to curtail the advertising of cigarettes on television and radio. The voluntary code governing such advertisements was recently revised, in co-operation with the cigarette manufacturers, media representatives and broadcasting authorities, to both restrict the times at which cigarette advertisements may be shown and to shift the emphasis of these advertisements away from young people, particularly children. The revised code took effect from 1st October 1971.

page 1578

QUESTION

SMOKING

(Question No. 1368)

Senator WILLESEE:

asked the Minister for Health, upon notice:

  1. Has the Minister received any report concerning the methods by which the recommendations of the World Health Organization, in regard to smoking and health, may be implemented?
  2. When will the Government implement the legislative recommendations of the World Health Organization, and are there any recommendations which the Government will not implement?
Senator Sir KENNETH ANDERSON:

The answer to the honourable senators question is as follows:

  1. and (2) See answer to question No. 1359.

page 1578

QUESTION

CIVIL AVIATION

(Question No. 1373)

Senator MILLINER:

asked the Minister for Civil Aviation, upon notice:

  1. Have alterations toflight schedules of Ansett Airlines of Australia to Dirranbandi, Queensland, reduced the service to that town, and has a smaller aircraft replaced the Fokker Friendship service?
  2. Is the town now without a weekend air service as a result of the altered flight schedules, and is an inadequate mail service now being provided?
  3. Did the Department of Civil Aviation approve the altered flight schedules?
  4. Will the Minister take up with Ansett Airlines of Australia the unsatisfactory aspects of air services to Dirranbandi?
Senator COTTON:
LP

– The answer to the honourable senator’s question is as follows:

  1. Until 16th August 1971, Ansett Airlines of Australia operated 2 services a week from Brisbane to Dirranbandi, and 3 services a week from Dirranbandi to Brisbane, using Fokker Friendship and Twin Otter aircraft. On 16th August, the timetable was altered to provide a twice-weedly service in each direction, and Cessna 402A aircraft replaced the larger Friendship and Twin Otter types.
  2. With the alteration to the timetable on 16th August, the only weekend service operated, the Saturday service from Dirranbandi to Brisbane, was discontinued. On 23rd September, however, following discussions with its local agents, the airline again revised its timetable to provide a service in each direction between Brisbane and Dirranbandi on Fridays. This further adjustment to its services was a reflection of its desire to provide the community with the service it required. The question of the adequacy or otherwise of the mail service to Dirranbandi is properly one for my colleague the Postmaster-General, but, for my part, I am not aware that the airline has received complaints in this regard.
  3. Yes.
  4. I have discussed with Ansett Airlines the service provided to Dirranbandi. I am informed that, for the year ended 30th June 1971, the average weekly uplift of passengers at Dirranbandi was only 6 or an average of 2 per flight. On the basis of these traffic statistics the airline believes that the present frequency is adequate. I concur with this view.

page 1578

QUESTION

PACIFIC AIR SERVICE CAPACITIES

(Question No. 1396)

Senator WILLESEE:

asked the Minister for Civil Aviation, upon notice:

What are the details of the common method of scrutiny and assessment of Pacific air service capacities, established in the United States of America-Australia Agreement announced by the Minister on 19th September 1971.

Senator COTTON:
LP

– The answer to the honourable senator’s question is as follows:

The procedures worked out in the recent discussions in Washington on South Pacific air services involve each Government in scrutinising new frequency applications by their respective carriers and in accepting a common basis for measuring the current and future size of the AustraliaUnited States of America traffic market. It is open to either Government to express its concern on capacity increases before new frequencies take effect. After the new schedules have come into effect they can, following a specified but limited period of operating experience, be discussed between the governments. Both governments are fully aware of the difficulties involved in an excess capacity situation. The new procedures should be helpful in enabling them to keep this problem under constant review and to make appropriate adjustments if, and when, the traffic and capacity situation demands it.

page 1579

QUESTION

UNITED STATES DIPLOMATS

(Question No. 1398)

Senator WHEELDON:
WESTERN AUSTRALIA

asked the Minis ter representing the Minister for Foreign Affairs, upon notice:

  1. Did the Malagasy Republic recently expel the United States of America Ambassador and other United States diplomats on the grounds that they were engaging in a conspiracy to overthrow the Malagasy Government?
  2. Will the Government bear in mind the experience of this friendly anti-communist country, whose President was a recent guest of Australia, when admitting United States of America diplomats and other United Slates Government employees to Australia?
Senator WRIGHT:
Minister for Works · TASMANIA · LP

– The Acting Minister for Foreign Affairs has furnished the following reply:

  1. I am not aware of any public statements by, the Government of the Malagasy Republic that bear on the substance of the honourable senator’s question. However the United States announced on 25th June that it was recalling five members of its Embassy in Tananarive at the request of the Malagasy Republic,It was also announced that there, were no immediate plans for the return to Tananarive of the United States Ambassador who had earlier returned to Washington for consultations.
  2. The honourable senator’s suggestion is too ludicrous to require comment.

page 1579

QUESTION

ABORIGINALS

(Question No. 1402)

Senator WHEELDON:

asked the Minis ter for Health, upon notice:

  1. Do Aborigines in the South-West of Western Australia receive only Commonwealth Government assistance with regard to medical expenses since the Western Australian Government ceased the payment of a lump sum amount to the Western Australian Branch of the Australian Medical Association, which previously helped to provide medical treatment for Aborigines?
  2. Are no more than 1,000 of the six to seven thousand Aborigines living in the South-West of Western Australia covered by the subsidised medical scheme; if so, what action is the Minister taking to improve this situation?
  3. Will the Minister table correspondence between the Western Australian Branch of the Australian Medical Association and the Department of Health on this matter?
Senator Sir KENNETH ANDERSON:

– The answer to the honourable senator’s question is as follows:

  1. and (2) Aborigines who are members of low income families or who are in receipt of unemployment sickness er special benefits arc eligible for this assistance under the Subsidised Health Benefits Plan. However, the number of Aborigines in the South-West of Western Australia who have availed themselves of assistance under the Plan is not known because no distinction is made between Aborigines and other Australians. Prior to the introduction of the Plan, State authorities and private doctors assumed some responsibility for the cost associated with providing medical care for low income groups and in particular Aborigines.

In this connection it must be recognised that the Plan is aimed at assisting necessitous grou/s with the costs of health insurance and is not aimed at relieving States or doctors of responsibilities which they previously carried. It is proposed to introduce, as from 1st November 1971, a simplified application form for low income families. Provision will be made on the form to enable a responsible person, such as a hospital secretary, or doctor, to complete, on behalf of someone incapable of completing the official application form, the necessary administrative steps in applying for assistance under the Plan and in enrolling in the health insurance fund.

In addition, I have instructed my Department to examine more effective means of assisting eligible persons to use the help available, and it is proposed that this examination will encompass greater utilisation of social workers, charitable organisations, and other appropriate welfare groups in the community.

  1. Correspondence between my Department and the Western Australian Branch of the Australian Medical Association was concerned with proposals put forward by the Association to assist wilh the payment of doctors for services rendered to Aborigines.

The Departmental replies were similar, in substance, to the answer I have given to the Honourable Senator’s questions and I will make copies of them available to him if he so desires.

page 1579

QUESTION

FREIGHT RATES

(Question No. 1407)

Senator WRIEDT:

asked the Minister representing the Minister for Trade and Industry, upon notice:

  1. Under what agreement, and by which parties, are freight rates arrived at for cargoes carried by Australian-United States Atlantic Gulf Conference vessels.
  2. Does the Government have representation at meetings when new freight rates are determined or are under discussion; if so, what is the nature of such representation; if not, does the Conference advise the Government regularly of the results of discussions.
  3. What communications exist between the United States of America Federal Maritime Commission and Australian Federal Government departments or agencies.
  4. What role does the United States of America Federal Maritime Commission play in determining or influencing freight rates fixed by the Conference.
Senator COTTON:
LP

– The Minister for Trade and Industry has provided the following answer to the honourable senator’s question: (l)a ‘The Shippers Rate Agreement’.

  1. b Freight rate discussions take place between the Australia/United States Atlantic and Gulf Shipping Conference and various Shipper Associations representing the interests of individual shippers and marketing Boards. At the present time the major Associations involved in this trade comprise:

The Australian General Cargo Shippers’ Committee who also represent -

Australian Chambers of Commerce Export Council

Australian Canned Fruits Board

Australian Dried Fruits Control Board

Australian Dairy Produce Board

Australian Manufacturers Export Conncil

Australian Woolgrowers’ & Graziers’ Council

Australian Textile By-Products Association

Rutile & Zircon Development Association.

The Australian Meat Exporters Federal Council

The Australian Council of Wool Buyers

Wool Textile Manufacturers of Australia

The Metal and Minerals Shippers’ Association of Australia

The Australian Citrus Growers Federation

The Australian Egg Board

The Furskin Buyers Association of Victoria

Following discussions, each Shipper Association recommends to its members whether or not to accept the new ‘Shippers Rate Agreement’ proposed by the Conference. The decision whether or not to actually sign the Agreement however rests with individual shippers.

  1. First part: No. Since there is no Shipper Body designated under the Shipping Provisions of the Trade Practices Act in this trade there is no legal basis for Government representation. The decision whether ornot to form a designated shipper body rests with the major shippers in the trade,I understand that discussions are currently in progress with regard to the formation of a shipper body.

Second part: Althongh the Conference has no legal obligation at this time to advise the Government of the results of its discussions with shippers it has sought to keep the Government informed of certain major developments from time to time.

  1. Contact is maintained with the United States Federal Maritime Commission through the Australian Embassy in Washington and through direct correspondencewith my Department on relevant matters relating to Australia/United States shipping.

Contact is also maintained between the FMC and various Australian marketing organisations and Boards on commercial issues concerning the shipping of particular commodities. Whilst representatives of various Australian organisations make separate approaches to agencies of the United States Government they do not make representations on behalf of the Australian Government.

  1. It would not be appropriate to comment in detail on the role and activities of the United

States Federal Maritime Commission. Under the United States Shipping Act of 1916, the Commission has certain powers to act in regard to freight rates in trades serving the United States. Section 18 (b) (1) of the Shipping Act of 1961 provides that every common carrier by water in foreign commerce and every conference of such carriers shall file with the Commission and keep open to public inspection tariffs showing all the rates and charges of such carrier or conference of carriers for transportation to and from United States ports and foreign ports.

page 1580

QUESTION

ROYAL AUSTRALIAN AIR FORCE

(Question No. 1410)

Senator MULVIHILL:

asked the Minis ter for Air, upon notice:

  1. Has Regents Park Royal Australian Air Force Stores Establishment been ignored when large sums of money are being spent on the Royal Australian Air Force Stores Depot at Chester Hill.
  2. Are 300 civilian employees at the Regents Park Establishment provided with primitive amenities, resultingin 3 employees sharing each locker.
Senator DRAKE-BROCKMAN:
CP

– The answer to the honourable senator’s question is as follows:

  1. The Royal Australian Air Force establishment at Regents Park is No. 2 Stores Depot, a functional storage facility for bulk stocks of equipment. In accordance with recommendations by the Parliamentary Standing Committee on Public Works (3rd Report of 1971), the area owned by the RAAF at Chester Hill, which is in close proximity to Regents Park, is to be developed to provide domestic accommodation for Service personnel employed at No. 2 Stores Depot and at other RAAF units in the Sydney metropolitan area. Work at Chester Hill is planned for construction in the financial year 1972-73. Redevelopment of storage facilities at the Regents Park site has also reached an advanced stage of planning and proposals will in due course be submitted for consideration by the Parliamentary Standing Committee on Public Works.
  2. Recently a review was made of the amenities available to civilian staff at the Regents Park Depot. As a result approval was given for the erection of five pre-fabricated portable buildings to provide lunch and change room facilities. Three of the buildings have already, been completed and the other 2 will be erected within the next few days. A locker is available on request to each member of the civilian staff employed at the Regents Park Depot and there is no need for any employees to share lockers.

page 1580

QUESTION

TOWNSVILLE AIRPORT

(Question No. 1.437)

Senator KEEFFE:

asked the Minister for

Air, upon notice:

  1. What area of land is to be resumed on the Many Peaks Range, Queensland, for the construction of radar and other installations for use by the control section at Townsville Airport.
  2. Where will access roads be built and, if the area is to be resumed, will it be enclosed by protective fences.
Senator DRAKE-BROCKMAN:
CP

– The answer to the honourable senator’s question is as follows:

  1. The land proposed for acquisition by the Commonwealth for air traffic control, communication and navigational aid purposes is that land above the 300 ft contour on Many Peaks Range. The Department of the Interior is at present arranging a survey of the area to determine the details; it is estimated that the area involved will be in the order of500 acres.
  2. Installations are planned for construction on the eastern and western extremities of the Range. Access to that on the eastern end will be by road approximately¾ mile in length from the existing quarantine station on Commonwealth land on Cape Pallarenda. Subsequently, the road will require extension by approximately 2 miles to the western end of the range; the location of both sections will be subject to the survey referred to above and will be determined in conjunction with the Queensland Lands Commission and the Townsville City Council. The whole of the area concerned will not be fenced, the requirement for fencing will be limited to the immediate site for each facility; maximum fenced areas envisaged at any installation will be 500 ft square.

page 1581

QUESTION

COMMUNITY AND CULTURAL GRANTS

(Question No. 1452)

Senator WEBSTER:

asked the Minister representing the Minister for the Interior, upon notice:

  1. On what grounds are Ministerial allocations of funds made from community and cultural grants, and what method of applicationis required to achieve a Ministerial allocation.
  2. What factors are taken into consideration when deciding grant allocations and priorities at zone, central, and Government level.
  3. To what extent can grants be assured for a long-term project under existing conditions.
  4. Is there any process by which the achievement of organisations is evaluated, and is such evaluation used in deciding levels of allocations.
  5. Does the Government consider the present system of assessment for the allocation of grants to charities, sporting and cultural bodies, to be satisfactory.
Senator COTTON:
LP

– The Minister for the Interior has provided the following answer to the honourable senator’s question:

  1. and (2) Applications for grants from community and cultural organisations are treated on their merits, having regard to the purpose for which each grant is sought and the benefit which is likely to accrue to the community from the organisation’s activities. In the Northern Territory the Minister has the benefit of recommendations of the Central Grants Committee to which all applications for assistance are directed in the first instance. To obtain a grant, an organisation has to demonstrate that -

    1. it has sufficient support to ensure stability in its operations;
    2. the objects of the organisation merit support from public funds;
    3. its activities are of benefit to a significant section of the community or it is providing a service which would otherwise have to be provided by the Government;
    4. its financial report confirms that the organisation could not reasonably meet the costs from its own resources and its activities show a significant degree of selfhelp.

Applications are received in writing and should cover the points made above, together with any relevant information on the organisation’s programme.

  1. Because funds are appropriated on an annual basis, it is not possible to give an assurance of continuity of grants to organisations with longterm projects. However, preference in the allocation of funds may be given, for example, where an organisation is receiving an operational subsidy for the employment of essential staff.
  2. The performance of organisations in receipt of regular grants is scrutinised carefully. Continuation of a grant is made only if the need for assistance is established each year and provided the organisation continues to perform a worthwhile community activity.
  3. Yes. In the Northern Territory private citizens are closely involved in recommendations to the Government through the committee system established to consider all applications for assistance. In the Australian Capital Territory this system applies to cultural grants.

page 1581

QUESTION

POPLAR PLANTATIONS

(Question No. 1454)

Senator MULVIHILL:

asked the Minis ter representing the Minister for National Development, upon notice:

  1. Were any offers received in the past 12 months to purchase the poplar plantations mentioned on page 34 of the 1970-71 Annual Report of the Snowy Mountains Hydro-electric Authority; if so, were they unacceptable, and for what reasons.
  2. Whathas been the income from the sale of poplar thinnings to chip-board mills.
Senator COTTON:
LP

– The Minister for National Development has provided the following answer to the honourable senator’s question:

  1. As a result of extensive advertising both in Australia and overseas there have been a number of inquiries about the purchase of the poplar plantations, but to date no firm offers have been received. The Authority is persisting in its efforts to sell the plantations as going concerns.
  2. The net income from the sale of ooplar thinnings, after deducting felling and delivery costs, is insignificant. Thinning is a necessary cultural operation which is carried out regardless of whether there is a market for the material. The fact that the sale of thinnings more than recovered the cost of the operation is considered to be satisfactory.

page 1582

QUESTION

CIVIL AVIATION

(Question No. 1456)

Senator WILLESEE:

asked the Minister for Civil Aviation, upon notice:

What are the noise levels generated during take-off by the following aircraft (A) Boeing 707, (B) Boeing 727, (C) Boeing 747, (D) Douglas DC-8, (E) Douglas DC-9, (F) Fokker F27, (G) Fokker F28, and (H) Lockheed Electra.

Senator COTTON:
LP

– The answer to the honourable senator’s question is as follows:

Details of the noise levels generated by those aircraft for which information is available follows. Unfortunately no figures are available in respect of the Fokker F27 or the Lockheed Electra aircraft.

Note - The locations of the measuring points are as follows:

Take-off (fly-over) - The point on the extended centreline of the runway at a distance of 3.5 NM from the start of roll.

Lateral - The point on a line parallel to and 35 NM from the runway centreline, or extended runway centreline, where the noise level is at maximum during take-off.

Approach - The point on the ground on the extended centreline of the runway vertically below the 3° descent path and 1.08 NM short of the runway threshold.

page 1582

QUESTION

CIVIL AVIATION

(Question No. 1457)

Senator WILLESEE:

asked the Minister for Civil Aviation upon notice:

How many take-offs and landings per week between 11 p.m. and 6 a.m. does Ansett Airlines of Australia propose to make with its converted Electra freighter aircraft at (a) Sydney, (b) Brisbane and (c) Adelaide.

Senator COTTON:
LP

– The answer to the honourable senator’s question is as follows:

  1. Sydney - 6 take-offs and 6 landings
  2. Brisbane- 7 take-offs and 6 landings
  3. Adelaide- Nil.

page 1582

QUESTION

MINERAL EXPORTS TO JAPAN

(Question No. 1464)

Senator WILLESEE:

asked the Minister representing the Minister for Trade and Industry, upon notice:

  1. Has the Minister seen reports that Japanese imports of Australian coal, iron ore, bauxite and alumina are to be significantly reduced.
  2. What effects will this reduction have on the economy and, in particular, on development projects in northern Australia.
Senator COTTON:
LP

– The Minister for Trade and Industry has supplied the following answers:

Some unconfirmed reports concerning likely reductions in Japanese imports of Australian minerals have come to my attention. With the current economic slow-down in Japan and the recent United Slates economic measures affecting Japanese exports to that country it is a logical assumption that there may be some reduction in the level of Japanese mineral imports. However, earlier this month the Japanese Government introduced a supplementary budget designed to stimulate the country’s economy. Following this action, the Japanese Economic Agency, which advises the Government on economic matters, forecast that the Japanese economy should return to an annual growth rate of 10 per cent by mid-1972. Any fall away in Japan’s industrialrequirements of raw materials including minerals is therefore expected to be comparatively short-lived, and it might well be that imports of minerals from Australia may not be adversely affected to any significant extent during this period. At the same time, even accepting the possibility of some reduction in our exports to Japan, new markets being developed, such as coal and iron ore for Europe and coal to South America, hold promise of absorbing any surplus of mineral stocks in Australia. In these circumstances, it would appear that the Australian economy is not likely to suffer a serious set back from any short term reduced demand in Japan for the range of minerals which we supply in quantity to that market. Likewise, mineral development projects in Northern Australia should not be adversely affected by the current Japanese market situation, as the likelihood of new world market outlets can be expected to widen and increase overseas demand for our minerals.

page 1582

QUESTION

POSTMASTER-GENERAL’S DEPARTMENT: MAIL CONTRACTS

(Question No. 1465)

Senator WILLESEE:

asked the Minister representing the Postmaster-General, upon notice:

  1. Who holds the contract for mail deliveries between Darwin and Croker Island, in the Northern Territory, and how frequent are deliveries by this service.
  2. Have certain mail parcels been subject to delays of a month or more in transit between Darwin and Croker Island.
  3. Is the delay in the delivery of mail parcels to Croker Island designed to encourage residents to use the more expensive air-freight service rather than the postal service.
  4. Who operates the air-freight service to Croker Island.
Senator GREENWOOD:
LP

– The PostmasterGeneral has provided the following answer to the honourable senator’s question:

  1. Connair Pty Ltd, which operates two air services per week between Darwin and Croker Island. Mail is carried on both services.
  2. There have been some unavoidable delays in the conveyance from Darwin of parcels paid at surface rates of postage, because of limited capacity on aircraft. Recently, however, it was possible to make special arrangements for the delivery of the backlog of parcels.
  3. No. As the postage rates on parcels are generally well below the air freight rates, Connair Pty Ltd air-freight takes priority over Post Office surface parcels if there is insufficient capacity on an aircraft.
  4. Connair Pty Ltd.

page 1583

QUESTION

POSTMASTER-GENERAL’S DEPARTMENT: SURFACE MAIL

(Question No. 1471)

Senator MILLINER:

asked the Minister representing the Postmaster-General, upon notice:

Has there been any recent decision to alter the arrangements for surface mail to be carried interslate by other than the respective State Railway Commissioners; if so. what are the details of the new arrangements.

Senator GREENWOOD:
LP

– The PostmasterGeneral has provided the following answer to the honourable senator’s question:

Yes. The Post Office is undertaking, for a trial period of three months, the use of alternative means of transport for the conveyance of surface mail from certain principal centres. Details of the arrangements are as follows:

Between Melbourne and Adelaide - Conveyed by road contractor.

Perth to Sydney mail is being carried to Melbourne by rail and then by Departmental transport to Sydney. Perth to Brisbane mail is railed to Adelaide and then conveyed by passenger bus to Brisbane.

Adelaide to Sydney mail is carried to Melbourne by road contractor and then to Sydney by Departmental transport.

page 1583

QUESTION

POSTMASTER-GENERAL’S DEPARTMENT: TELEPHONE CHARGES

(Question No. 1472)

Senator McAULIFFE:

asked the Minister representing the Postmaster-General, upon notice:

Are there different rates for telephone calls between sections of the City of. the Gold Coast and Brisbane; if so, will the Postmaster-General review the zoning of the City of the Gold Coast so as to correct this extremely iniquitous situation.

Senator GREENWOOD:
LP

– The PostmasterGeneral has provided the following answer to the honourable senator’s question:

Yes, there arc different rates applying for telephone calls between sections of the Municipalities of the City of Gold Coast and the City of Brisbane.

The Municipality of the City of Brisbane extends into six call charging zones - a central zone and five zones in an outer annulus. Because of its smaller size the City of Gold Coast municipal area extends over only two zones.

The charges for calls between the six Brisbane zones and the two serving the city of Gold Coast are determined by the radial distance between the centres of the zones concerned. For a call of 3 minutes at the day rate they vary from 19 cents for calls between exchanges in the zones of the respective municipalities closest to each other, to 57 cents for those furthest apart. The charge for calls between any two exchanges is, of course, the same in both directions.

The charging arrangements for calls between the Gold Coast and Brisbane have been reviewed on many occasions and it is not proposed to vary them.

page 1583

QUESTION

TRADE

(Question No. 1478)

Senator GEORGES:

asked the Minister representing the Minister for Trade and Industry, upon notice:

  1. Will the Minister take notice of the claim of Mr Lang Hancock, a Western Australian, that Japan is playing grand-scale power-politics to get greater control of Australian raw materials and will he have the Department of Trade and Industry closely scrutinise the various aspects of trade and finance between Australia and Japan to ascertain the true position.
  2. Will the Minister investigate claims that Japan has progressively stockpiled raw materials, especially coal and iron ore, and is now in a position to reduce its purchases of these minerals.
  3. Will this situation further depress prices, increase the losses of Australian mining companies, and thus lay them open to takeover bids by foreign interests.
Senator COTTON:
LP

– The Minister for Trade and Industry has supplied the following answer:

  1. Japanese investment constitutes only a small proportion of foreign investment in the Australian mining industry. However, with Japanese industry becoming more dependent upon Australian minerals, Japanese investment in this industry is increasing. In line with the Japanese Government’s resources policy Japanese investors are interested in securing greater participation in the development of overseas resources, including those of Australia, and they have generally expressed preference for joint venture type operations. New investment is expected to contribute to Australia’s overall mining and industrial development, particularly in Northern Australia. It also reflects the growing trade and financial co-operation between Australia and Japan which is the basis of some 27 per cent of our export income.
  2. and (3) It is not believed that Japanese companies have stockpiled sufficient minerals, especially iron ore and coal, which could lead to major reductions in overseas orders of minerals to the extent that it would create financial difficulties for Anstralian mining companies. However, the current Japanese economic slowdown, coupled with the effects of the United States economic measures, has naturally led to some build up of stocks of minerals and raw materials in Japan as industrial production has slowed. Although there is a possibility that this will result in some slackening in Japanese mineral import requirements, indications are that if any reductions occur, they will be manageable and temporary. Any reductions should not create serions difficulties for Australian mining companies in the short term and new world market prospects particularly for iron ore and coal, are developing satisfactorily.

page 1584

QUESTION

COMMONWEALTH RAILWAYS

(Question No. i486)

Senator McLAREN:

asked the Minister representing the Minister for Shipping and Transport, upon notice:

What action has been taken to alter the existing sick leave provisions covering Commonwealth Railways employees to allow accumulated half-pay sick leave credits to be converted to full-pay credits.

Senator COTTON:
LP

– The Minister for Shipping and Transport has provided the following answer to the honourable senator’s question:

No action has been taken by the Commonwealth Railways Commissioner to alter the existing sick leave provisions covering Commonwealth Railways employees, nor is any action intended at the present time.

page 1584

QUESTION

COMMONWEALTH NATIONAL FITNESS COUNCIL

(Question No. 1502)

Senator McAULIFFE:

asked the Minis ter for Health, upon notice:

Did the Commonwealth National Fitness Council arrange a youth survey to determine the fitness of young Australians; if so, when will the findings be made available.

Senator Sir KENNETH ANDERSON:

The answer to the honourable senator’s question is as follows:

The Commonwealth Council for National Fitness did arrange for a survey to be conducted into the fitness of Australian secondary school students between the age of 13 and 17 years. Survey testing was carried out with the assistance of the Slate Education Departments in 1969 and 1970 and a draft report to the Council received preliminary consideration at its meeting in June this year. It will receive further consideration at the next meeting ofthe Council which is scheduled for early 1972. At this stage I cannot say when its findings will be made available.

page 1584

QUESTION

NORTHERN TERRITORY

(Question No. 1508)

Senator McLAREN:

asked the Minister representing the Minister for the Inferior, upon notice:

What progress has been made bythe Joint Study Committee inquiring into an increased role for elected representatives in the administrative arrangements for the Northern Territory, and will the report of the Committee be made available to the Parliament.

Senator COTTON:
LP

– The Minister for the Interior has provided the following answer to the honourable senators question:

The Joint Study Committee met for 2 series of meetings in April and June of this year.

At the June meeting representatives of the Legislative Council on the Study Group asked that Commonwealth representatives arrange a meeting between Ministers and Legislative Councillors.

The Government has agreed to Ministers meeting with elected members of the Council if [his is sought when the Legislative Council has been reconstituted after the general elections held on 23rd October 1971.

The question of releasing any written report made by the Study Group will be considered after the discussion with Ministers.

page 1584

QUESTION

TELEVISION

Senator GREENWOOD:
LP

– On 29th September, 1971, Senator Devitt asked me the following question:

With the introduction of daylight saving in the eastern States imminent would any consideration be given by the Australian Broadcasting Control Board to changing the cut-off times for general viewing - this relates, in particular, to the times of programmes watched by children - on television to adapt to the adjusted social patterns that will inevitably accompany this scheme

The Postmaster-General has now furnished me with the following information in reply:

As the honourable senator is probably aware, the Television Programme Standards of the Australian Broadcasting Control Board provide that nothing unsuitable for children’s and family viewing shall be televised between 4.00 p.m. and 7.30 p.m. on week-days and before 7.30 p.m. on Saturday and Sunday.

The Board is aware of the possible implications of the introduction of daylight saving in relation to the televising of evening programmes. The Board does not consider any alterations are necessary at this stage but the honourable senator may be assured that it will be watching the position closely. In this connection the Board is guided partly by the fact that no particular problems have been encountered with television programmes in Tasmania, where daylight saving has operated for some years.

It would seem to be reasonable to assume that, after a short period of re-adjustment, no real difficulties should arise from the televising of adult programmes at their normal times. It will of course be necessary for parents to accept responsibility, as they are obliged to do now, for what their children view after 7.30 p.m.

page 1585

QUESTION

DAYLIGHT SAVING

Senator COTTON:
LP

– On 30th September 1971, Senator Lawrie asked the following question, without notice:

  1. Is the experiment in daylight saving, which is due to commence in the eastern States at the end of October, to apply to the Australian Capital Territory.
  2. If the answer is yes, how is it proposed to be implemented - by Act of Parliament or by ordinance.

The Minister for the Interior has provided the following reply to the honourable senator’s question:

  1. Yes.
  2. By ordinance.

page 1585

COMMONWEALTH SERUM LABORATORIES

Senator Sir KENNETH ANDERSON:
Minister for Health · New South Wales · LP

– Pursuant to section 44 of the Commonwealth Serum Laboratories Act 1961- 1970 I present the tenth annual report of the Commonwealth Serum Laboratories Commission for the year ended 30th June 1971, together with financial statements and the Auditor-General’s report on those statements.

page 1585

JOINT COMMITTEE ON THE AUSTRALIAN CAPITAL TERRITORY

Senator WITHERS:
Western Australia

Mr President, on behalf of the Joint Committee on the Australian Capital Territory, I bring up the Committee’s Report on item No. 1 of the 48th series of proposed variations to the Plan of the lay-out of the City of Canberra in the Australian Capital Territory as gazetted in 1925 - Division of Pialligo Avenue.

Ordered that the report be printed.

page 1585

PRIMARY AND PRE-SCHOOLS, NORTHERN TERRITORY

Report of Public Works Commitee

Senator JESSOP:
South Australia

– In accordance with the provisions of the Public Works Committee Act 1969, I present the report relating to the following proposed work:

Primary and Pre-schools at Bradshaw (Alice Springs) and Nakara (Darwin), Northern Territory.

page 1585

SENATE COMMITTEES

Motion (by Senator Sir Kenneth Anderson) agreed to:

That following the introduction of 3 Bills from the House of Representatives the sitting of the Senate be suspended until the ringing of the bells at approximately 10.15 p.m. this day to enable Estimates Committees B and E to meet.

page 1585

STEVEDORING INDUSTRY BILL 1971

Bill received from the House of Representatives.

Standing Orders suspended.

Bill (on motion by Senator Wright) read a first time.

Second Reading

Senator COTTON:
New South WalesMinister for Civil Aviation · LP

– I move:

The purpose of the Bill is to amend section 7 of the Stevedoring Industry Act 1956-1966 to give effect to changes which have taken place in the Port of Darwin upon the North Australian Workers’ Union application for de-registration as an organisation under the Commonwealth Conciliation and Arbitration Act. Since 1920 the North Australian Workers’ Union (NAWU) has been the principal employee organisation operating in the Northern Territory and as such it has until recently recruited into its membership the registered waterside workers employed in the Port of Darwin. This position was recognised under the Stevedoring Industry Act by the definition which appears in section 7 (1) in respect of ‘union’ as follows: “Union” means the Waterside Workers Federation of Australia, the North Australian Workers Union or any organisation of employees specified in a declaration in force under section nine of this Act and “the Union” means -

  1. in relation to a port, other than the port of Darwin, . . . - the Waterside Workers Federation of Australia;
  2. in relation to the port of Darwin - the North Austraiian Workers Union and
  3. in relation to any other port in respect of which a declaration under section nine of this Act is in force - the organisation of employees specified in the declaration.’

Subsequently in 1969 the North Australian Workers Union sought affiliation with the Federated Miscellaneous Workers Union of Australia, an organisation also registered under the Conciliation and Arbitration Act. The necessary procedures under that Act have been complied with and, following hearings by the Industrial Registrar together with certain appeals before Mr Justice Aird, have resulted in the request being granted. During the course of these proceedings it was agreed that the Waterside Workers Federation should take over the North Australian Workers Union waterfront section’ comprising all of the registered waterside workers in the port of Darwin and recruiting them into full membership of the Federation.

To all intents and purposes, the North Australian Workers Union has now ceased to exist as a registered organisation and until the Waterside Workers Federation is recognised as the appropriate union in the port of Darwin there is an administrative void in respect of that port. The amendment seeks to correct the position by changing the definition of ‘union’ as it presently appears in section 7 (1.) of the Act by deleting the reference to the North Australian Workers Union in the preamble and elsewhere and according recognition of the Waterside Workers Federation. This is a simple administrative matter which is being introduced with the consent of all parties concerned in the stevedoring industry and I commend the Bill to the Senate.

Debate (on motion by Senator Bishop) adjourned.

page 1586

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT BILL (No. 2) 1971

Bill received from the House of Representatives.

Standing Orders suspended.

Bill (on motion by Senator Greenwood) read a first time.

Second Reading

Senator GREENWOOD:
Attorney-General · Victoria · LP

– I move:

There are 2 main purposes of this Bill, which relates to the Supreme Court of the Australian Capital Territory. One is to make provision with respect to the tenure of office of the Judges of the Court. The other is to provide for the appointment of another Judge. Because this latter amendment affects the operation of the appropriation section in the principal Act, it was necessary for the Bill to be introduced first in another place. The present position is that the Supreme Court of the Territory consists of 2 Judges appointed under sub-section (1.) of section 7 and such ‘additional Judges’ as have been appointed under sub-section (2.) of that section. To be eligible for appointment as an ‘additional Judge’ a person must already be a Judge of another Commonwealth Court. There are at present 6 such additional Judges and they are all Judges of the Commonwealth Industrial Court.

The number of Judges that may be appointed under sub-section (1.) of section 7 was increased earlier this year from one to 2 by the Australian Capital Territory Supreme Court Act 1971. This was to provide for the appointment of a Judge who would become the first Chairman of the Law Reform Commission of the Territory. Mr Justice Blackburn has since been appointed to this judicial office and also to the position of Chairman of the Law Reform Commission. The Supreme Court of the Australian Capital Territory was established on the basis that it was a Federal court for the purposes of the Commonwealth Constitution and that the tenure of office of the Judges of the Court was accordingly governed by provisions in Chapter III of the Constitution. That is to say, the Act was enacted on the basis that a Judge of the Court would hold office for life, subject to resignation or removal from office on an address of both Houses of Parliament for proved misbehaviour or incapacity.

In April of this year the High Court of Australia decided, in the case of Capital TV and Appliances Ltd v Falconer, that the Supreme Court of the Territory was not a Federal court, but a court of the Territory. A consequence of that decision is that the provisions in the Constitution with respect to the tenure of office of Federal Judges are not applicable to the Judges of the Supreme Court of the Territory. The High Court’s decision has accordingly disclosed a need for the tenure of the Judges of the Territory Court to be provided for by statute and the present Bill makes such provision.

The Bill amends section 7 to provide that a judge appointed under sub-section (1.) is to hold office until he attains the age of 70 years. There is an undoubted trend these days against life appointments and. in relation to judges, this has resulted in retiring ages being fixed in all the States. In each of the States except Victoria, the retirement age is 70; in Victoria, the retirement age fixed is 72 years. The requirement of the Bill that judges retire at 70 years of age is subject to an exception in the case of a judge who held office on the Supreme Court of the Australian Capital Territory or the Northern Territory on the date of the High Court’s decision in the Capital TV case. Appointments made prior to that decision were made and accepted on the basis that they carried life tenure and that basis should not be varied at this stage.

The tenure to be provided for the additional judges must take account of the fact that the primary judicial appointments of such judges will generally be to Federal courts and accordingly governed by the Constitution. The Bill provides, therefore, that an additional judge is to hold office as such while he continues as a judge of another court created by the Parliament. It has been necessary also to make provision as to the removal of judges from office. In this regard the Bill introduces a provision which, in its effect, is the same as the provisions that apply to judges of Federal courts.

The second of the major amendments effected by the Bill is to be found in clause 5. Experience over the last year has made it clear that another judge without conflicting commitments to a court outside the Territory is needed to enable the Supreme Court of the Territory to deal with the cases coming before it. There is at present a waiting period of approximately 8 to 10 months from the time a civil case is set down for trial to the time when it can be heard. Honourable senators will agree, I am sure, that this is a quite unsatisfactory position. Recently Mr Justice Blackburn has been giving a great deal of his time in assisting with the judicial work of the Court, but it is desirable that he should be able to devote most of his time to his duties as Chairman of the Law Reform Commission. This will be facilitated by the appointment of the further judge provided for in this Bill.

I come now to the amendments concerning matters of procedure. Clause 7 of the Bill amends section 8 to enable the jurisdiction of the Court to be exercised in appropriate cases by the Registrar. The classes of matters that the Registrar may deal with will be specified in the Rules of Court, and there will be an appeal to a judge. This amendment will bring the Supreme Court of the Territory into line with the Supreme Courts of the States by making available a procedure long accepted as necessary to the proper working of a superior court.

The first amendment effected by clause 8 relates to the exercise by the court of disciplinary powers over legal practitioners. Under section 8aa of the Act, a matter arising under an ordinance and relating to the professional behaviour of a legal practitioner is to be dealt with by a court constituted by 3 judges. However, such matters may arise otherwise than under an ordinance, and these are at present left to be dealt with by a single judge. The Bill removes this inconsistency by making all matters relating to the conduct of legal practitioners cognisable by a court of 3 judges. As the Act stands, the only matters that may be dealt with by 3 judges sitting together are those which relate to the admission and professional behaviour of legal practitioners. However, there may be other matters in which it is desirable that more than one judge be present. For example, a matter may raise a question of lav/ that has been the subject of differing opinions expressed by the judges and for the resolution of which it is desirable that a court of 3 judges be constituted. Clause 9 therefore introduces a new provision to enable the jurisdiction of the Court to be exercised by not fewer than 3 judges whenever it can be shown to the satisfaction of a judge that such a procedure is desirable.

Section 28 of the Act at present vests the power to make Rules of Court in the judge of the Supreme Court. Consistently with the increase in the number of judges provided for by this Bill, clause 11(a) provides for the rule-making power to be vested in the judges appointed under subsection (1.) of section 7 or any 2 of them.

Clause 11(d) includes amongst the matters on which Rules of Court may be made the qualifications for admission of legal practitioners in the Territory. This matter is at present governed by an ordinance, but it is usual for the judges of a court to regulate certain aspects of the requirements for admission to their court. The amendment will accordingly bring the Territory into line with the position in the States. The Act at present authorises Rules of Court providing for the service and execution of the process of the Court. Tt goes on, however, to mention specifically service of process outside the jurisdiction as a matter on which Rules may be made but makes no mention of execution of process outside the jurisdiction. This approach has given rise to certain doubts in the minds of practitioners as to the means by which process of the Court may be executed outside the Territory. To enable these doubts to be overcome, clause 11(e) of the Bill provides for the extension of section 28 to authorise Rules dealing with execution - as well as service - of process outside the Territory. The disallowance of a Rule of Court does not, at present, revive a Rule revoked by the disallowed Rule. Clause 11(f) of the Bill reverses this situation, thereby bringing the position regarding Rules into line with that obtaining in respect of Ordinances.

The only remaining amendment of substance is effected by clause 13. Under sections 38 and 39 of the Act, evidence at the hearing of a cause must, as a general rule, be given orally unless the parties agree to the contrary. Evidence of particular facts may, however, be given by affidavit where good reason can be shown. It seems desirable that greater flexibility in the use of affidavit evidence be allowed and the proposed section 39 accordingly provides that a judge may order that all or part of the evidence be produced on affidavit. The existing provisions for giving evidence by affidavit have not been used in criminal proceedings, and the proposed section 39 is so drawn as to confine the procedure to civil matters. The remaining amendments effected by the Bill are of a minor nature and merely consequential on those I have outlined. I commend the Bill to the Senate.

Debate (on motion by Senator Murphy) adjourned.

page 1588

NORTHERN TERRITORY SUPREME COURT BILL 1971

Bill received from the House of Representatives.

Standing Orders suspended.

Bill (on motion by Senator Greenwood) read a first time.

Second Reading

Senator GREENWOOD:
VictoriaAttorneyGeneral · LP

– I move:

Thai the Bill be now read a second time.

The primary purpose of this Bill is to amend the Northern Territory Supreme Court Act to make provision with respect to the tenure of office of judges of the Supreme Court. The Bill also includes several amendments relating to the procedure of the Court. The need for amendment of the Act in relation to the tenure of office of judges was disclosed by the decision of the High Court in the case of Capital TV and Appliances Ltd v. Falconer. The effect of that decision was outlined in my speech on the Australian Capital Territory Supreme Court Bill (No. 2) 1971, and I will not detain the Senate by repeating what I then said. It will be sufficient, I think, for me to point out that the same need for legislative provision exists in the Northern Territory as in the Australian Capital Territory, and the amendment effected by this Bill is identical with that of the earlier Bill. The judge appointed under sub-section (1.) of section 7 of the Act - there is provision for only one such judge in the Northern Territory - will hold office until he attains the age of 70 years. An additional judge will hold office whilst he continues to be a member of another court created by the Parliament, and the provisions governing removal from office will be the same as those applying to judges of Federal courts.

Of the remaining amendments effected by this Bill the following have their counterparts in the Bill already introduced to amend the Australian Capital Territory Supreme Court Act: (I) Clause 4 relating to the exercise of jurisdiction by the Masler of the Supreme Court; (2) clause 6 regarding the use of affidavits; (3) clause 7 (b) relating to the execution of the process of the Court outside the jurisdiction.

The one amendment that is peculiar to this Bill is to be found in clause 7 (c). The purpose of the amendment is to bring the Northern Territory provisions regarding disallowance of Rules of Court into line wilh those in the Australian Capital Territory as amended by the recently introduced Bill. The remaining amendments effected by the Bill are all merely drafting changes made necessary by the other amendments I have discussed. I commend the Bill to the Senate.

Debate (on motion by Senator Poke) adjourned.

The DEPUTY PRESIDENT (Senator Prowse) - In order that the Estimates Committees may conduct their hearings, the sitting of the Senate will now be suspended.

Sitting suspended from 4.20 to 10.15 p.m.

page 1589

OBITUARIES

Senator Sir KENNETH ANDERSON:
Minister for Health · New South Wales · LP

– Before moving the motion for the adjournment of the Senate I inform honourable senators of the passing of Mr William Heatley who had been a senator in this place. Ex-senator William Clarence Heatley was a man of many parts. In his time he had been a jackeroo, a timber executive, a sheep and cattle station proprietor and a decorated soldier. He was a director of a prawn trawling company and was notable as a senator from Queensland. As a member of the forces he started at the bottom and ended his service as a captain. There was not much that Bill Heatley did not put his hand to during his life, and he was successful in whatever job he undertook.

Bill Heatley was educated at All Souls College at Charters Towers, at Townsville Grammar School and at the Southport School. During his war service he saw action in Tobruk, Syria, El Alamein and New Guinea. He was wounded in action and was mentioned in dispatches. On 14th April 1966, following the death of the late Senator Sherrington, he was appointed to the Senate for Queensland by the GovernorGeneral under section 15 of the Constitution. He quickly made his mark in this chamber and became a member of the Senate Select Committee on Offshore Petroleum Resources from 19th December 1967 until his defeat in June 1968. His absence from politics was short as he soon became a member of the Parliament of Queensland. After gaining pre-selection he entered and won a three-cornered byelection contest following the death of Mr Carey, the member for the electorate of Albert.

Those of us in this place who were privileged to work alongside the late Bill Heatley are aware that his far-reaching experience enabled him to bring to the chamber a quite distinctive flair and style. I am sure that all honourable senators would wish to join with the Premier of Queensland, his fellow Queensland parliamentarians and indeed the people of Queensland in extending sympathy to Mrs Heatley and her 4 children.

I take this opportunity also to say to Senator Mulvihill thai we are all sad for him at the loss of his mother. She was an elderly lady. This is a bereavement that we all have to endure at some time or other. The loss of a mother is particularly sad because she is the one to whom we all looked for love and comfort in our earlier years. I am sure 1 speak on behalf of all senators when I say that we extend our sincere sympathy to Senator Mulvihill.

Senator MURPHY:
New South WalesLeader of the Opposition

– I join with the Leader of the Government (Senator Sir Kenneth Anderson) in his expressions of sympathy in regard to the late Mr Heatley. Some of us in this place had an opportunity to know him for the few years he was here and he impressed us with his quiet sincerity. He was not a person who exhibited himself much in debate, but he went about his affairs in a workmanlike manner. We regarded him as one who was setting out to do in a sensible fashion all that he could do on behalf of his State of Queensland. I join with the Leader of the Government in expressing sympathy to his family.

On behalf of the Opposition I should like also to extend to our colleague Senator Mulvihill our sympathy with him in the loss of his mother. She was born in Bankstown, a suburb of Sydney, New South Wales, married a gas worker and lived a hard vigorous life. She lived through the depression, a period when one needed all the qualities that she had if one was to survive and bring up a family. She followed public affairs right up until the day of her death. She was an avid reader of newspapers and political journals, not only those published in Sydney but also those from Canberra. She listened to the debates of Parliament and particularly, of course, to the speeches of Senator Mulvihill. She was a very strong critic of him. She was a quite hard taskmaster and let him know when he was straying from the paths of good advocacy or good politics. It is nice to know that a person can lead a life of interest, not only in the affairs of her own family but also in the affairs of the nation. She lived a useful life, a good life, a satisfying life and a full life. It is pleasing to know that Senator Mulvihill was able to be with her in her last hours on this earth. We all regret her passing, but it was a passing after a full and enjoyable life.

Senator GAIR:
Leader of the Democratic Labor Party · Queensland

– It is with sincere regret that I rise to join with the Leader of the Government in the Senate (Senator Sir Kenneth Anderson) and the Leader of the Opposition (Senator Murphy) in their expressions of sympathy to the widow and family of the late Bill Heatley who died very unexpectedly and prematurely last Friday. I had the pleasure of knowing Mr Heatley for many years. He was a son of a well known and highly respected Townsville family. Although I did not come in contact with him frequently until he came to the Senate, I knew sufficient of him to know that he was a man of very modest character. He was unostentatious. He was very knowledgeable with regard to the resources of Queensland and he applied himself diligently to his pursuits. In the short time that he was in the Senate he showed by his speeches that he had a very deep knowledge of public affairs and that he was devoting himself assiduously and effectively to the work associated with his parliamentary duties and as a member of a Government party.

After his retirement from this place, he entered the State parliament when he won a by-election following the death of Mr Carey. Whilst I know that he would have been very happy to return to the Senate, he was doing a very good job as a State parliamentarian. Of course, we all are very sorry for his widow and his family. I knew Mrs Heatley as a schoolgirl. She is the daughter of a highly respected medico in South Brisbane, the electorate which I represented for 28 years. Mr Heatley’s death is a great sorrow for her and her family. We hope that the good Lord will comfort her in her sorrow.

I also join with the Leader of the Government and the Leader of the Opposition in expressing sympathy to Senator Mulvihill on the loss of his mother. When people advance to a great age we expect death, but that does not lessen our sorrow when death comes. Our memories go back to our childhood days when we were nurtured, fondled, guided and protected by our mothers. No-one else can give us the consolations and the comforts that a mother can. Irrespective of how old we might get and of how we might grow up, their interest in us never lessens. They feel that they are there to help us with direction, with advice and, as the Leader of the Opposition said, with criticism where they believe that it is deserved and timely. We never repay them for all those things. The death of a mother is a big loss. Senator Mulvihill’s mother had reached a ripe age and death was something that one could expect. Mr Heatley was only 51 years of age. His death was untimely and premature. On behalf of my colleagues and myself, 1 sympathise with the bereaved in both cases.

Senator BYRNE:
Queensland

– As one who came into this place following the retirement of the late Mr Heatley after the Senate election in 1967 and as one who knew him, his wife and his family personally, I pay my small tribute of regard and express my sorrow at his unfortunate and premature passing. Mr Heatley was, as has been said, a man of quiet disposition and gentle character. His private secretary, Miss Hanman, is now my private secretary. Therefore I am able to assess, in a sense, the type of work which interested him most and with which he identified himself most closely. He was interested in people. He was concerned about and solicitous for individual welfare. Many people who were Mr Heatley’s concern, whose cases he fostered over the years and for whom he attempted to obtain some amelioration of apparently harsh administrative decisions still come to me today. Those who wrote in still write with affection and regard for the late Mr Heatley. I convey to the family of the late Mr Heatley - his sons and daughter and his widow - my personal sorrow. I trust, as Senator Gair said, that they will be comforted in the sadness which has come upon them.

I join with other senators in expressing, my sorrow at the passing of Senator Mulvihill^ mother. One’s mother is a most precious and only once given gift. I am sure that particularly those of us who have been through the same sorrow will feel for Senator Mulvihill in his tremendous deprivation.

The PRESIDENT:

– I invite honourable senators to join with me in standing for a moment or two as a mark of respect.

Honourable senators stood in their places.

Senate adjourned at 10.30 p.m.

Cite as: Australia, Senate, Debates, 2 November 1971, viewed 22 October 2017, <http://historichansard.net/senate/1971/19711102_senate_27_s50/>.