Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

The basic proposition is that our laws should not differentiate between Australians on the basis of their individual characteristics, whatever those characteristics are. They should treat everyone equally. Everyone should be treated equally under the law. That is a basic, fundamental proposition underpinning our justice system. In my view, we depart from that proposition at great risk to our justice system. I say, through you, Acting Deputy President Cox, to all the members of this chamber: do not support this extreme amendment being put forward by the Greens. Whilst it is put in a blithe way, as if this is simply a natural progression in terms of our justice system, it is far, far more profoundly dangerous than that, because it tears at one of the fundamental principles of our justice system—that everyone should be treated equally before the law.

There are some other fundamental flaws with respect to what the Greens are proposing in terms of this radical amendment. The penalties which are set under our laws are maximum penalties. They're maximum penalties. Of course, we—those in the coalition supporting the principles of the rule of law—respect that our judges, our justices, need to have discretion when they apply the law to the individual circumstances of a case. They do that, in terms of how they apply the law, and they should continue to do that. We don't take issue with that principle. We support that issue. But what Senator Shoebridge's amendment would seek to do is change the law in its application to different categories of people based on their particular attributes. That is a pathway leading to great danger, and it would diminish the rule of law in this country. It's a fundamental principle, and I call upon all senators to defend our system and to defend that concept.

In the court where I was admitted, the Supreme Court of Queensland, where I was admitted as a lawyer, to my profession, back in 1994, I walked past the statue of Justicia. She is blindfolded. She has a sword, the scales of justice and a blindfold. That blindfold means that our principle of justice is blind as to the particular attributes of those appearing before the courts. Everyone is, or should be, treated equally in our courts. Everyone should be treated equally in our courts—that needs to be the fundamental principle that underpins our system of justice. The penalties included in our laws are maximum penalties, and so judges and justices can consider the individual circumstances of the case. And they should consider the individual circumstances of the case when they set the penalty that applies in an individual case. When they set the penalty to apply in an individual case, they should apply the rule of law—principles of common law and statute law—that apply to the individual case. It is not for me, as a senator in this place, to impose my view on what a judge should apply in a particular case. It should be up to judicial discretion. Again, it's a principle of the rule of law—everyone being treated equally before the law and the law being applied equally to everyone in our community. It's absolutely a fundamental principle of the rule of law.

The other point I would make with respect to this proposition is that, whilst I accept the comments Senator Shoebridge made around the increase in the amount of penalty units over the course of the last few years, the fact of the matter is that those penalty units are the same in our legislation and in our criminal justice system. The maximums that apply—and they are maximums—apply equally to everyone. I would hate to see this country move away from that principle of equality of law. I would hate to see us in this chamber start to look deeply into laws and say, 'How do we tweak this law to apply to that category of people?' or, 'How are we going to tweak that law to apply to another category of people?' We would cease to be the society we are if we moved down that path.

I think one of the strengths of our society is that, it doesn't matter if you're a millionaire or an age pensioner, it doesn't matter what your ethnicity is, it doesn't matter what your religion is, it doesn't matter whether you can trace your heritage back for thousands of years in this country or you're a new Australian, when we enter into that courtroom we're all treated the same. We're all treated equally. That's how our laws should respond.