Policy: 1988 Brief


CM 28.9.88.

That apart from the enormous expense of anonymously testing blood for AIDS it is difficult to see what use the compilation of these statistics could serve. If, for example, it disclosed that the disease is not as widespread as previously thought, then presumably financial resources will be directed away from AIDS sufferers. If it discloses that AIDS is more widespread than previously thought, if that is at all possible, then what more could the Government do than has already been done to warn potential risk groups about the problem? Other nations envy Australia's vigorous efforts to contain the spread of this disease and to treat its sufferers. The taking of blood as part of the medical treatment stands in precisely the same position as the giving of confidential information to your medical practitioner. The blood sample is taken only with the consent of the patient, only those tests to which the patient has agreed may be performed in relation to it and the information from the tests is supplied only to the patient, his or her doctor, or to other persons with the patient's consent.


CM 27.4.88

That CCL oppose the principle of compulsory reporting of financial transactions to a government agency and oppose the creation of a criminal offence for not reporting suspicions of suspect transactions, however, defined.

CM 22.6.88

That CCL considers that the Bill imposes an unacceptable degree of surveillance over the affairs of individuals within the community. The Bill is unacceptable in that it replaces the law on breach of confidence and defamation with an obligation on bankers to betray confidences in them.


Video Material (CM. 27.7.88)

That the CCL opposes the proposed changes to the classification of video cassettes and supports the introduction of a classification of non-violent erotica.


Arrest (CM. 27.4.88)

That CCL:

  • Oppose detention for interrogation;  
  • Oppose the proposal to empower the police to demand, under threat of penal sanction, the name and address of anyone who may be able to assist the police with their inquiries into offences which 'may have been or are likely to have been committed.'
  • Recommend the abolition of common law powers of arrest and replacement with appropriate statutory powers so that the law or arrest is clear and accessible.

Criminal Defamation (CM. 27.4.88)

That CCL request that the offence of criminal defamation be abolished by the repeal of sections 50 to 53 of the Defamation Act. At the same time, it would be appropriate to amend s.49 of the Act to abolish the criminal offence of blasphemous, seditious and obscene libel, all of which are inappropriate to a late 20th Century liberal, democratic society.

Conspiracy (CM. 27.04.88)

That conspiracy should only be available where jurisdictional factors prevent the charge of a substantive offence and that, in those circumstances, only those conspiracies to do acts which are crimes should be chargeable.

Motor Traffic (Road Safety) Amendment Act 1987 - Drug Driving (CM. 24.2.88)

That CCL recommends the repeal of the law until sufficient scientific experimentation is done to show what concentrations of what drugs result in drivers driving in a way that puts themselves and other road users at risk.

Summary Offences Act 1988 (CM. 27.7.88)

CCL calls on the Attorney-General to initiate the legislation necessary to repeal the offences of affray and rout.


Fisheries Regulations and the right of appeal (CM. 26.10.88)

That there should be an obligation on the authority when notifying a fisherperson of its decisions, to also inform the fisherperson of his/her right of appeal and not merely of its decision and;

The Minister should be under an express obligation to afford the appellant a hearing.

I.C.A.C. Bill

CM. 25.5.88

  • Search Warrants: That CCL opposes the power of ICAC to issue its own warrant without limitation on its power.
  • Privilege against Self-incrimination: That the Council resists any further encroachment upon the right against self-incrimination. If the right is removed, the Council supports the grant of transactional immunities to witnesses compelled to incriminate themselves in ICAC hearings.
  • Reporting Power: That CCL oppose the power of the ICAC to report to the Parliament during concurrent criminal proceedings against the subject of the report.
  • Secrecy Provisions: That the secrecy provisions which oust the powers of the courts to scrutinise the operations of the ICAC be strenuously opposed.


CM. 27.4.88

That CCL legal aid is to be granted only by the Committee or, in emergencies, by the Chairperson of the Legal Panel in consultation with some or all of the Executive, and that the Chairperson of the Legal Panel report on a regular basis to the Committee on the status of cases in which CCL has given assistance.


Complaints against Police - the Ombudsman's powers (CM. 25.5.88)

The Council condemns the Government's attempts to restrict the powers of the Ombudsman as bad in principle and inconsistent with the promise to enhance the powers of the Ombudsman made by Mr Greiner before the 1988 State election.