Mr ELFERINK - 2001-02-28
I note that the home of the Leader of the Opposition was broken into last week and, after some diligent police work, an arrest was made. Assuming that the young man responsible is found guilty, the Opposition Leader said last week in the papers that she supported a custodial sentence for this particular chap. In the past, however, she has made comments about 15-year-olds going into detention.
I invite comment from the Attorney-General and Chief Minister as to what the Labor Party’s position is on this issue.
ANSWER
Mr Speaker, it is a puzzling statement, to say the least, from the Leader of the Opposition as reported in the NT News. Firstly, she supports the actions of the Northern Territory police. This is the same Leader of the Opposition who reported to the Omsbudsman the actions ...
Mr Stirling: Om-buds-man.
Mr BURKE: Om-buds-man. I am sorry; I apologise. I am just a poor Palmerston boy and I am not ABC trained.
This is the same Leader of the Opposition who reported to the Ombudsman the actions of police in the case of one of her colleagues being broken into. This is the same Leader of the Opposition who screamed outrage because of an anonymous caller to the ABC who talked about the actions of police when investigating a house break. But when called upon by the Commissioner of Police to come forward and substantiate those allegations, there was absolutely silence because, as we all know, that particular caller was her chief of staff. This was a fraud and a perception that was visited on Territorians with the full knowledge of the Leader of the Opposition.
I wrote to the Ombudsman asking why he did not extend his investigation to include the allegations of the Leader of the Opposition. He replied: ‘I’m precluded by legislation from investigating and commenting on the actions of a member of the Legislative Assembly’. No reference has been provided to him by Ms Martin with regards to that issue. The only way that issue will be investigated is by the holder of all the information, the Leader of the Opposition, making a formal complaint to the Ombudsman, which is something she refuses to do. The only other alternative identified by the Ombudsman is that it be pursued by the Commissioner of Police. I believe that is exactly what should happen. It was a deliberate fraud visited on not only the Commissioner of Police but on Territorians.
She also said that she believed housebreakers should go to jail. A 15-year-old broke into her home, and she says housebreakers should go to jail. This is the same Leader of the Opposition who has pilloried this government for months and months on end for the inhumane treatment that we visit on housebreakers through mandatory sentencing. And she now says: ‘I believe they should go to jail’.
One wonders how she is trying to reinvent herself ...
Ms Martin: Our policy is very clear, Chief Minister. Absolutely clear.
Mr BURKE: The Leader of the Opposition says, ‘Our policy is very clear’. I will tell you what the policy of the Labor Party is in the Northern Territory. If the Labor Party in the Northern Territory, God help us, ever gets into government the first thing they will do is abolish mandatory sentencing. They are absolutely unequivocal about that. They also, I might add as an aside, believe there should be a summit on drug use and how we deal with drug users. I can tell you the result of that summit. Look to Western Australia and Victoria. Labor governments introduced free heroin-injecting rooms. That is their policy. The answer to that summit is well and truly on record. It is now being done in Western Australia by a Gallop government.
She will return total discretion to the courts. She wrote a letter to lawyers in the Northern Territory outlining how this would be done. I table that letter. She says in that letter:
Since I have been Leader we havetaken an unequivocal stand against mandatory sentencing in property crime as applied in the Northern Territory. These laws will be repealed at the earliest opportunity under a Labor government.
…
Labor in the Territory understands and respects the separation of powers, including the necessity of an independent judicial system free ...
Mr Toyne: Correct.
Mr BURKE: The member for Stuart says: ‘Correct'.
... from political interference, unlike our opponents.
We all share a common interest in ensuring the rule of law is not further eroded, or threatened with the perception of erosion.
Now comes the hook:
…Labor needs your resources to mount an effective campaign culminating at the ballot box this year. I would therefore urge you to consider making a donation to the Labor Party.
This is the Labor policy with regards to law and order. You go to those lawyers, particularly those who are absolutely opposed to mandatory sentencing and the law-and-order policies of this CLP government, and you say: ‘You pay us to mount a campaign, you sling us some money, and when we get into power we will do what you want. When we get into power we will do what you want, you sling us some money’. And they have the gall to talk about the separation of powers! They have the gall to talk about an independent judiciary! They have the gall to talk about a strong law-and-order policy! They are nothing but hypocrites!
I invite comment from the Attorney-General and Chief Minister as to what the Labor Party’s position is on this issue.
ANSWER
Mr Speaker, it is a puzzling statement, to say the least, from the Leader of the Opposition as reported in the NT News. Firstly, she supports the actions of the Northern Territory police. This is the same Leader of the Opposition who reported to the Omsbudsman the actions ...
Mr Stirling: Om-buds-man.
Mr BURKE: Om-buds-man. I am sorry; I apologise. I am just a poor Palmerston boy and I am not ABC trained.
This is the same Leader of the Opposition who reported to the Ombudsman the actions of police in the case of one of her colleagues being broken into. This is the same Leader of the Opposition who screamed outrage because of an anonymous caller to the ABC who talked about the actions of police when investigating a house break. But when called upon by the Commissioner of Police to come forward and substantiate those allegations, there was absolutely silence because, as we all know, that particular caller was her chief of staff. This was a fraud and a perception that was visited on Territorians with the full knowledge of the Leader of the Opposition.
I wrote to the Ombudsman asking why he did not extend his investigation to include the allegations of the Leader of the Opposition. He replied: ‘I’m precluded by legislation from investigating and commenting on the actions of a member of the Legislative Assembly’. No reference has been provided to him by Ms Martin with regards to that issue. The only way that issue will be investigated is by the holder of all the information, the Leader of the Opposition, making a formal complaint to the Ombudsman, which is something she refuses to do. The only other alternative identified by the Ombudsman is that it be pursued by the Commissioner of Police. I believe that is exactly what should happen. It was a deliberate fraud visited on not only the Commissioner of Police but on Territorians.
She also said that she believed housebreakers should go to jail. A 15-year-old broke into her home, and she says housebreakers should go to jail. This is the same Leader of the Opposition who has pilloried this government for months and months on end for the inhumane treatment that we visit on housebreakers through mandatory sentencing. And she now says: ‘I believe they should go to jail’.
One wonders how she is trying to reinvent herself ...
Ms Martin: Our policy is very clear, Chief Minister. Absolutely clear.
Mr BURKE: The Leader of the Opposition says, ‘Our policy is very clear’. I will tell you what the policy of the Labor Party is in the Northern Territory. If the Labor Party in the Northern Territory, God help us, ever gets into government the first thing they will do is abolish mandatory sentencing. They are absolutely unequivocal about that. They also, I might add as an aside, believe there should be a summit on drug use and how we deal with drug users. I can tell you the result of that summit. Look to Western Australia and Victoria. Labor governments introduced free heroin-injecting rooms. That is their policy. The answer to that summit is well and truly on record. It is now being done in Western Australia by a Gallop government.
She will return total discretion to the courts. She wrote a letter to lawyers in the Northern Territory outlining how this would be done. I table that letter. She says in that letter:
Since I have been Leader we havetaken an unequivocal stand against mandatory sentencing in property crime as applied in the Northern Territory. These laws will be repealed at the earliest opportunity under a Labor government.
…
Labor in the Territory understands and respects the separation of powers, including the necessity of an independent judicial system free ...
Mr Toyne: Correct.
Mr BURKE: The member for Stuart says: ‘Correct'.
... from political interference, unlike our opponents.
We all share a common interest in ensuring the rule of law is not further eroded, or threatened with the perception of erosion.
Now comes the hook:
…Labor needs your resources to mount an effective campaign culminating at the ballot box this year. I would therefore urge you to consider making a donation to the Labor Party.
This is the Labor policy with regards to law and order. You go to those lawyers, particularly those who are absolutely opposed to mandatory sentencing and the law-and-order policies of this CLP government, and you say: ‘You pay us to mount a campaign, you sling us some money, and when we get into power we will do what you want. When we get into power we will do what you want, you sling us some money’. And they have the gall to talk about the separation of powers! They have the gall to talk about an independent judiciary! They have the gall to talk about a strong law-and-order policy! They are nothing but hypocrites!
Last updated: 09 Aug 2016