Ms CARNEY - 2005-08-23
When you introduced the Law Reform Bill in October 2003, you said: ‘The aim, in developing this package, has been to ensure equality of treatment under the law’. How can a one-month sentence given to an Aboriginal elder for rape, based on customary customarily law considerations, be equality under the law? As you know, I have called on your government repeatedly to prevent violent Aboriginal men hiding behind the veil of customary law when they appear in court. In light of this most recent and other cases, will you now act to remove the protection that customary law provides to violent Aboriginal men who rape and bash Aboriginal women and children?
ANSWER
Madam Speaker, the first thing I would say about that particular case is that – and the Leader forof the Opposition is well aware it has now gone to appeal - I am certainly not going to comment about the adequacy of the final outcome; - we do not have one yet.
Mrs Braham: Why not? If we do not speak up for these people, who will?
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: The second thing I would like to make very clear to members, particularly the member for Braitling, is that it is most improper for members of parliament to be setting up a kangaroo court with misleading information and only half the facts of the matter, and taking that out into public debate. We have a very …
Mrs Braham: The silence on your side has been deafening.
Madam SPEAKER: Order!
Dr TOYNE: We have a very strong responsibility …
Mrs Braham: You should be speaking up for women and children.
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: … to work within our roles and responsibilities as members of parliament.
What can we do on this matter? The position that the Leader forof the Opposition has brought to me is the appropriate position, which is to say: ask w‘what law have we have put out there through this parliament; how is it panning out with the cases to which those new laws are being applied; and, to see if the intent or the will of parliament is being reflected in the court outcomes? That is our role as parliamentarians,. iIt is not to go around pandering to the opportunist politics by putting out half information and setting yourself up as a de facto judge.
There is a very important principle here,. tThis is the separation of powers between our justice system and the parliament. As parliamentarians, we can look consistently in review at the laws we have made in this House, we canto see if the outcomes are adequate. If you want to know what outcome I am looking for under those laws If you want to ask me what is the outcome I want to see out of those laws, we want to see those type of offenders dealt with very firmly and seriously. If that is not happening under the current provisions we will go back and look at it. That is our role here: - we make laws, review laws, and we see that the laws have the intended effect in our community -. wWe do not set up kangaroo courts.
ANSWER
Madam Speaker, the first thing I would say about that particular case is that – and the Leader forof the Opposition is well aware it has now gone to appeal - I am certainly not going to comment about the adequacy of the final outcome; - we do not have one yet.
Mrs Braham: Why not? If we do not speak up for these people, who will?
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: The second thing I would like to make very clear to members, particularly the member for Braitling, is that it is most improper for members of parliament to be setting up a kangaroo court with misleading information and only half the facts of the matter, and taking that out into public debate. We have a very …
Mrs Braham: The silence on your side has been deafening.
Madam SPEAKER: Order!
Dr TOYNE: We have a very strong responsibility …
Mrs Braham: You should be speaking up for women and children.
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: … to work within our roles and responsibilities as members of parliament.
What can we do on this matter? The position that the Leader forof the Opposition has brought to me is the appropriate position, which is to say: ask w‘what law have we have put out there through this parliament; how is it panning out with the cases to which those new laws are being applied; and, to see if the intent or the will of parliament is being reflected in the court outcomes? That is our role as parliamentarians,. iIt is not to go around pandering to the opportunist politics by putting out half information and setting yourself up as a de facto judge.
There is a very important principle here,. tThis is the separation of powers between our justice system and the parliament. As parliamentarians, we can look consistently in review at the laws we have made in this House, we canto see if the outcomes are adequate. If you want to know what outcome I am looking for under those laws If you want to ask me what is the outcome I want to see out of those laws, we want to see those type of offenders dealt with very firmly and seriously. If that is not happening under the current provisions we will go back and look at it. That is our role here: - we make laws, review laws, and we see that the laws have the intended effect in our community -. wWe do not set up kangaroo courts.
Last updated: 09 Aug 2016