Bills

Statutes Amendment (Courts and Justice Measures) Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Long title—After 'Evidence Act 1929;' insert:

the Judicial Conduct Commissioner Act 2015;

No. 2. Long title—Delete 'the Solicitor-General Act 1972;'

No. 3. Long title—After 'the Summary Procedure Act 1921;' insert:

the Victims of Crime Act 2001;

No. 4. Clause 2, page 3, lines 5 to 18—Delete clause 2 and substitute:

2—Commencement

(1) Subject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.

(2) Section 18 of this Act will come into operation immediately after section 4 of the Statutes Amendment (Youth Court) Act 2016 comes into operation, or on the day on which this Act is assented to by the Governor, whichever is the later.

No. 5. New Part, page 5, after line 24—After Part 5 insert:

Part 5A—Amendment of Judicial Conduct Commissioner Act 2015

9A—Amendment of section 4—Interpretation

Section 4(1), definition of relevant jurisdictional head—after 'Courts Administration Act 1993' insert:

and includes, in a case where the judicial officer who is, or is to be, the subject of a complaint is a jurisdictional head, the Chief Justice of the Supreme Court

9B—Amendment of section 18—Referral of complaint to relevant jurisdictional head

(1) Section 18—after subsection (2) insert:

(2a) If a complaint is referred, under this section, to the Chief Justice of the Supreme Court because the complaint relates to a jurisdictional head, the Chief Justice may take action in relation to the complaint by—

(a) making recommendations to the jurisdictional head the subject of the complaint (including, for example, recommendations as to caseloads, record keeping, medical examinations or counselling); or

(b) counselling the jurisdictional head the subject of the complaint in relation to any conduct that has the potential to undermine public confidence in the court.

(2) Section 18—after subsection (3) insert:

(3a) If any recommendations have been made to a jurisdictional head the subject of a complaint in accordance with subsection (2a)(a), the jurisdictional head must, within 28 days after the making of the recommendations (or such other period as may be agreed between the Commissioner and the jurisdictional head), give the Commissioner written notification of the action taken by the jurisdictional head in response to the recommendations.

No. 6. Part 7, page 6, lines 1 to 30—Leave out clauses 12-15

No. 7. New Part, page 6, after line 37—After clause 16 insert:

Part 8A—Amendment of Victims of Crime Act 2001

16A—Amendment of Schedule 1—Repeal and transitional provisions

Schedule 1, clause 2—after subclause (3) insert:

(4) Without derogating from section 37, the Governor may make regulations under this Act for the purposes of applications referred to in subclause (1) (including any regulation that could have been made under the repealed Act as in force immediately before its repeal).

(5) The Criminal Injuries Compensation Regulations 2002 continue to have effect for the purposes of subclause (1) until revoked by regulations made under this Act (and Part 3A of the Subordinate Legislation Act 1978 does not apply, and is taken never to have applied, to the Criminal Injuries Compensation Regulations 2002 as so continued).

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.