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

Senator Moore, my colleagues are well aware of the importance of the independence of the judiciary. They are well aware of the importance of the independence of the judiciary, but I remind you, Senator Moore, that the independence of the judiciary has never been understood by the judiciary themselves to be a prohibition against criticism. As a decision of the Supreme Court of Victoria—Crown v Witt—found last year, the common law upholds the right of any person to freedom of speech and expression. Such rights of course extend to criticism of judicial decision-making. The courts cannot be and are not immune from criticism which may extend to robust observations of a particular decision or penalty.