Senate debates

Thursday, 19 June 2008

Law Officers Legislation Amendment Bill 2008

Second Reading

Debate resumed from 16 June, on motion by Senator Faulkner:

That this bill be now read a second time.

1:41 pm

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

The Law Officers Legislation Amendment Bill 2008amends the Long Service Leave (Commonwealth Employees) Act 1976 and the Law Officers Act 1964 to provide holders of the office of Commonwealth Solicitor-General with an entitlement to long service leave. It is a technical bill and the opposition supports it. But I wonder if I might detain the Senate just for a moment to use this occasion to say a couple of words on behalf of the opposition in tribute to the retiring Commonwealth Solicitor-General, Mr David Bennett AC QC, and to welcome the Solicitor-General designate, Mr Stephen Gageler SC. David Bennett, whom it has been my pleasure to come to know over recent years, has held the office of Commonwealth Solicitor-General—

Photo of Brett MasonBrett Mason (Queensland, Liberal Party, Shadow Parliamentary Secretary for Education) Share this | | Hansard source

A wonderful advocate and a great man!

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

Mr Bennett is indeed a wonderful advocate and a great man of exquisite erudition. He has held the office of Commonwealth Solicitor-General for some 10 years, having served two terms of service in that role. I think it is fair to say that, along with Mr DF Jackson QC, originally of the Queensland Bar, Mr Bennett was throughout that period acknowledged as one of the two great constitutional advocates appearing before the High Court in virtually all of the important constitutional cases of the past decade.

David Bennett is a graduate of the University of Sydney. He holds a doctorate from Harvard Law School and was one of that great generation of Australian lawyers of the late 1960s who abandoned the traditional course of doing their postgraduate legal studies at Oxford or Cambridge and instead went to Harvard. He was admitted to the bar in 1967. He took silk in 1979. He is a former president both of the New South Wales Bar Association and of the Australian Bar Association. He has, as I have said, served in that office with immense distinction, fittingly recognised by the award to him in the Queen’s Birthday Honours List of the Companion of the Order of Australia. The opposition wishes him well in future years.

Can I also, just very briefly, take the opportunity to welcome and congratulate upon his appointment to the office Stephen Gageler SC, whose appointment will commence from 1 September this year. I actually had the pleasure once of appearing with Mr Gageler in an electoral matter before Justice Kiefel in the case of Wheeley and the Australian Electoral Commissioner in 2005, when he was representing the Australian Electoral Commissioner and I was representing the former member for Moreton, Mr Gary Hardgrave. My professional dealings and personal dealings with Mr Gageler, although very limited, have been delightful. I note that Mr Bennett referred to Mr Gageler as his natural successor as Commonwealth Solicitor-General. His appointment to that office has the opposition’s wholehearted support and we wish him well also.

1:45 pm

Photo of Jan McLucasJan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | | Hansard source

I thank Senator Brandis for his timely contribution to recognising the contribution of both gentlemen, one who is retiring and one as an incoming law officer. This is a very technical bill, so I commend it to the chamber.

Question agreed to.

Bill read a second time.