George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Senator Xenophon, as you say, the witness K matter is before the courts so of course you would not expect me to comment on it, and I will not. Secondly, in a sense, you have already answered your own question by indicating that there is a variety of circumstances, a gradation of seriousness, of the kind of conduct which could constitute an offence against the existing provision, section 92.

That is what courts do in sentencing offenders. They do not need legislative direction to do so. They take into account all the facts of the particular offence. If a person has committed a crime, then obviously the circumstances in which the crime was committed and the circumstances of either severity or mitigation will always be, as a matter of the orthodox application of the principles of criminal sentencing, taken into account by the judge. So the sentiment you have expressed, if I may say so, is correct, but I do not think you give sufficient credit to the capacity of judges, uninstructed by provisions of the kind that you propound, to take those considerations into account in arriving at sentencing decisions.

Lastly, I should not sit down without acknowledging and thanking you for your complimentary remarks about my staff. I think it was Mr Justin Bassi here that you dealt with. I have the immense good fortune to have as my advisers some of the most talented men and women in the service of the Commonwealth of Australia.