AG Greg Smith's speech to Public Defender's Conference

Speech by Greg Smith SC MP, Attorney General and Minister for Justice to 

open the Public Defender’s Conference, Saturday 24 March 2012 at Taronga 

Park Zoo Conference Centre. 

This Monday marks the first anniversary of the election of the O'Farrell Government.  

For the past week we have had the pleasure of getting up at 5.30 and going out to 

railway stations handing out  little cards telling people what good things we’ve done 

and they are saying: what’s up?, Is there an election on? But we have had a very 

good reception. 

I am pleased to say the firm agenda I set in opposition – with the backing of the 

Coalition –which was that there would be no law and order auction at the last 

election, has been honoured by us. And I think Labor was becoming weary of it. 

They didn’t try to counter with a one sided auction – no grid sentencing, or more 

maximum life sentences, no extra aggravated offences, no standard non parole 

periods – which had coloured the previous 20 years of elections. 

Unlike previous governments, our State plan does not demand a certain number of 

arrests or prisoners. Take section 22A of the Bail Act; it allowed only one application 

for bail and had a particular impact on young people - especially for those who 

breached curfews. There are now are 150 people a week in juvenile detention 

centres who will never receive a custodial sentence. 

I promised we would open a second metropolitan drug court – I expect that will up 

and running in May – and the first intensive drug treatment facility in a NSW jail. We 

have done that at the John Morony complex at Windsor. In late February the first 62 

prisoners started and within two years I hope we have 300 prisoners – 250 men, 50 

women - undergoing treatment that will last for about six months. They will be linking 

up with the non-government organisations after their release so they can continue 

their treatment. 

Drug addiction can be a lifelong struggle and my hope is that this program will help a 

lot of people to turn their lives around and make a positive contribution to the 

community. If they can get off the drugs, get a job, get somewhere to live and help – 

 rather than just being thrown into jail and let out with the same problems – it will be 

better for the community. We will have more citizens who might have been 

permanent criminals going straight and the community will be safer. And hopefully 

the perceptions of safety will increase because that is one of our big problems. 

Fanned by publicity and sensation, there is a perception out in the suburbs of 

Sydney that it’s dangerous out there, in the night, even in the day.   

Malaysia Solution judiciary hits back at Julia Gillard's 'unfair' criticism

Joe Kelly | The Australian | 3 September 2011

OFFENDED judges and magistrates have hit back at Julia Gillard's criticism of the High Court and Chief Justice Robert French, labelling her attack as "unfair" and "extraordinary".

As Labor waits for legal advice from the Solicitor-General on the High Court's decision to overturn the Malaysia Solution, the Prime Minister was yesterday forced to clarify the intention of her attack.

Ms Gillard said she had sought only to put the facts of the matter on the table because the public was entitled to an explanation and, strengthening her rhetoric, claimed the High Court had "changed the law".

"I don't resile from one word of what I said," she told Sky News.

"The simple facts are that there were precedents that obviously those advising us legally drew on.

"Some of those precedents are from the current Chief Justice of the High Court himself.

"They were part of what the legal advice to us rested on."

Ms Gillard dismissed suggestions she had challenged the separation of powers as "ridiculous" and provided a reassurance her government had accepted the court's decision.

But the Judicial Conference of Australia -- with a membership of more than 600 judicial officers across the nation -- yesterday suggested Ms Gillard had gone too far.

"Responsible criticism by one branch of government of another is a healthy sign of a free society," said the organisation's vice-president, Philip McMurdo.

"Irresponsible criticism, especially from a Prime Minister, could tend to upset the balance of separated powers which is essential to that society."

The JCA said yesterday Ms Gillard's statement that the High Court had missed an "opportunity" to smash the people-smugglers' business model fundamentally misconstrued the role of the court and was "misguided".

"It is not the court's role to look for and take 'opportunities'. Its job here was to decide whether the minister's actions were lawful, according to the statute which the parliament had enacted," the JCA said.

Ms Gillard's decision to single out Chief Justice French for special criticism was described as "extraordinary" and "unfair". "He is one of six justices who reached the same conclusion. The seventh dissented," Justice McMurdo said.

The rebuke from the legal community comes as the government prepares to receive the advice of Solicitor-General Stephen Gageler on the consequences of the Malaysia Solution for offshore processing.

The advice, expected within days, is thought to confirm his initial oral counsel to the cabinet on Wednesday night following the High Court's decision to overturn the Malaysia Solution.

Some Labor MPs believe there will be scope for offshore processing to continue despite Ms Gillard's warning that the decision could throw the practice into doubt.

While the Solicitor-General's legal advice could tie the future of offshore processing to the need for further legislation, the opposition says this step is not necessarily required.

"There is nothing in the High Court decision that outlaws offshore processing," opposition legal affairs spokesman George Brandis said.