Linda Kirk (SA, Australian Labor Party) Share this | Hansard source

It does a bit! I won’t elaborate. I wish her and Ian and their gorgeous children Conrad and Cordelia the very best for the future.

The five women that I have just mentioned are a great loss to this place, and together with the retirement of Senator Vanstone and the untimely death of Senator Ferris, the face of the Senate will change dramatically from 1 July 2008. In saying this I intend no disrespect to continuing and incoming senators. I merely make the point that the historic changes to legislation that occurred in recent years may not have happened but for the presence of the women to whom I have referred. When it is recalled that the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Bill passed the Senate by only one vote, I think my point is made.

In my maiden speech in the Senate on 28 August 2002 I said that I joined the Australian Labor Party as a student because I was attracted to the party’s policies and philosophies, which reflected the values that had been instilled in me by my parents and my background. These core values include: the right of individuals to develop and apply their talents and abilities for self-advancement, supported by high standards of public education and training; an unqualified opposition to discrimination based on race, colour, ethnic origin, gender or sexuality; recognition of the prior possession of Australia by the Aboriginal people; belief in and assistance for developing the Australian population through family support and further migration, including a substantial intake of refugees; the right of workers to organise and bargain collectively, supported by a robust, independent and fair industrial relations system; and the belief in a strong, democratic and republican system of constitutional government underpinned by strict separation of powers and adherence to the rule of law. It was these beliefs that motivated me to stand for election to this place and I said in my maiden speech that I would dedicate myself to their promotion and advancement.

In the past week or so I have gone back and read many of the speeches I have delivered in the Senate since my first speech in August 2002. I am pleased to say that the record shows that I have consistently adhered to my beliefs and principles and refused to waver from them even when put under enormous pressure to do so. I have spoken a number of times about the importance of access to, and adequate funding for, higher education, a fair system of industrial relations, equality of treatment for all regardless of race, colour, ethnic origin, gender or sexuality, the rights of our Indigenous people, respect for the rule of law, adherence to principles of international law and maintaining and protecting our system of constitutional government.

A major theme of my first speech was the need to maintain a strong separation of powers between the legislative, executive and judicial branches of government. I took the opportunity whenever I could during my contribution to debates in this chamber and in committee inquiries to ensure adequate judicial oversight of executive action and to limit restrictions on judicial review of administrative action. I continue to maintain my long-held view that Australia should progress to an independent republic, and I hope that this will be realised under the stewardship of Prime Minister Rudd.

I very much look forward to the community consultation and discussion that the government has indicated that it intends to facilitate about whether Australia should adopt a statutory or constitutional bill or charter of rights. I acknowledge that there are strong arguments on both sides of this debate. I very much look forward to participating in that.

I am proud of the private senator’s bill that I introduced last year, reflecting a private member’s bill introduced by the Hon. Duncan Kerr in the House of Representatives. This bill seeks to introduce an independent commission to consider and make recommendations in relation to referrals to it from the parliament of allegations of judicial incapacity or misconduct. Our existing system lacks an independent and transparent mechanism for the consideration of complaints against serving federal judicial officers. This bill would provide a much-needed process for the examination of such allegations. I hope that, after my departure, some consideration will be given to adopting this bill.

I am particularly proud of the stance I have taken on human rights issues during my time here, including my advocacy for the removal of children from immigration detention, for the rights and fair treatment of refugees and asylum seekers, for justice for David Hicks and for an end to child abuse and mistreatment in our community. As convenor of Parliamentarians Against Child Abuse I have advocated for the establishment of a children’s commissioner and a national child protection framework.

One of the most rewarding parts of this job has been my work on the Senate Standing Committee on Legal and Constitutional Affairs. I have relished the opportunity to conduct detailed scrutiny of legislative measures and to hear from experts in the field about the impact of policy on individuals and communities. The Senate’s committee system is perhaps the greatest feature of this institution, in my view, and its importance to the democratic process cannot be understated. I have considered it a privilege to have been an active participant in this critical aspect of our system of governance.

Like Senator Campbell, 5½ years of my time here was spent in opposition—for him, of course, it was much longer. I was of course delighted to see the election of a Labor government on 24 November last year, and very proud to see Kevin Rudd sworn in as Prime Minister of Australia. The Prime Minister has been a strong supporter of mine over many years and I am privileged to be able to call him not only a loyal colleague but also a friend.

I would like also to congratulate and acknowledge the Deputy Prime Minister, Julia Gillard, who is a remarkable woman and another person who has always been incredibly supportive of me. I would like also to recognise the Attorney-General, Robert McClelland, who has long been a supporter of mine. He is hardworking and a very diligent lawyer and he is most deserving, in my view, of the job of first law officer of Australia.

There are of course many other colleagues and ministers that I would like to be able to mention, but time does not permit me to do so today. Someone said to me the other day that I am fortunate to leave this place with the respect of my colleagues. I am indeed lucky to have earned the respect of so many people in this place but, most particularly, the respect of those people whom I respect.

I would like to express my thanks to those who have worked in my office over the years and without whom it would not have been possible for me to have carried out my work as a senator. I thank Sevi Livaditis for keeping my Adelaide office running smoothly. I thank Jane Backhouse for her work, in particular on child protection issues, and Jenny Lee for her research on Indigenous matters. I would also like to thank tonight my principal legal researcher and parliamentary assistant, Johanna Palenschus, who is an exceptionally talented young woman. She has been of great assistance to me, particularly in the preparation of my private senator’s bill. I also thank Josh Peak, who travelled from Adelaide today to be here. I thank him for his commitment to the Labor cause and for his campaigning skills, which were so evident during last year’s federal election. Josh has a very bright future, and I am sure his many talents will be recognised by the powers that be. Thank you to Nick Studdert, who is also here today. He is my only Canberra based staffer. I would like to thank him for his diligence in my parliamentary office and his enthusiasm and willingness to undertake all kinds of tasks—with the exception of washing the dishes. I would like to single out just two of my former staff who have made a really important contribution: Tania Baxter and Xanthe Kleinig. Both of these ladies made a significant contribution to my speeches over the years on social issues, children’s rights, children in detention and human rights more generally, and I thank them both.

I would also like to thank everyone in the ALP who has supported me over the years and given me the opportunity to represent the people of South Australia in this place. I thank all of my Labor colleagues for being here today. I very much appreciate you all coming along. I would like to make special mention of Senator Ursula Stephens and her husband, Bob, who were very kind to me in my first years here in Canberra. They made me feel very welcome and helped me to settle in.

I would like to thank everybody who supported me here in the chamber, particularly, of course, Harry Evans, Rosemary Laing, Cleaver Elliott, the chamber staff and everybody else who makes our life so much easier—Comcar drivers, security, Hansard and of course the Parliamentary Library as well.

I would like to thank my mother and father for being here today and also my brother, Steven. I thank them for their love and encouragement throughout my life. I would also like very much to thank Karin MacDonald, who is a member of the ACT Legislative Assembly, for coming along this evening to support me. It is very much appreciated. Finally, I would like to say a big thankyou to David Waweru and Eva Milekovic for the very non-political perspective on the world that they bring, which gives me so much balance, and I also thank them for being the special people and friends that they are to me.

I am very much looking forward to my life beyond the Senate, when I will be able to pursue my passion for the law and law reform, which really drives me and has for many, many years. Finally, I would just like to say that, like Damocles himself, I will gladly depart this palace and return to a simple life in the knowledge that an existence with a sword hovering over one’s head, suspended by only the thinnest of threads, although it is privileged, is not one to be envied.