Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | Hansard source

The question comes to balance. I think in my summing up speech I made the comment that the government has sought to find that balance through the passage of these two bills. Also, by way of a general comment, I think it is important to recognise that the Australian Law Reform Commission considered the questions that you are legitimately raising here and came down on the side of the legislation as proposed by the government.

You made a point in your earlier comment that the legislation has not been used since, I think you said, 1940. I took from that that that means it is not required. I do not know that you can necessarily make that jump. The fact that the legislation has not been used does not necessarily mean it is not required or desirable. In many cases—and potentially in this case as well—the deterrent effect of a piece of legislation is important and very effective. I will go to other questions that you have put in front of us subsequently.