QUESTIONS WITHOUT NOTICE › Assistant Minister to the Treasurer, Minister for Health and Minister for Sport, Minister for Human Services
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (14:57): 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.