Bills

Judicial Conduct Commissioner (Miscellaneous) Amendment Bill

Committee Stage

In committee (resumed on motion).

Clause 6.

Ms COOK: In regard to clause 6, can the minister clarify whether this amendment enables the Judicial Conduct Commissioner to use both ICAC and OPI staff?

The Hon. V.A. CHAPMAN: Yes.

Ms COOK: Are there any resourcing implications or savings regarding this that you are aware of?

The Hon. V.A. CHAPMAN: Not that we are aware of. Questions were raised at the time of the appointment of the Judicial Conduct Commissioner, and you will see from the annual report that certain personnel are allocated for that purpose. It is a digital space type operation to the extent that complaints are lodged and reviewed online, so certain personnel need to be both skilled and trained to manage those complaints and investigate them. To date, I have not received any further indication that the current resources in respect of this job, onerous as it was and clearly acknowledged to set up the protocols and processes for its implementation, are not sufficient to cover the current one.

Mr GEE: What happens when the Judicial Conduct Commissioner is not also the ICAC commissioner?

The Hon. V.A. CHAPMAN: At the moment, the commission is the appointment as per the Governor's appointment, and there is no reason why the commissioner for judicial conduct has to be the same as the Independent Commissioner Against Corruption. It happens that the former government requested the Governor to appoint the same person for each of those roles, but the acts stand independently and they are able to operate independently. Should that occur in the future, then there may need to be a question about where that would operate from and whether resources need to be separated and/or applied for.

Clause passed.

Clause 7 passed.

Clause 8.

Ms COOK: How many complaints would fall into the category of complaints that would be dismissed without conducting a preliminary investigation or examination?

The Hon. V.A. CHAPMAN: I do not have that data immediately before me, but just let me quickly look at the annual report of what we do have to date. I am advised that the lack of preliminary examination is a new initiative and therefore has not been applied at this stage. However, I invite the member to look at the annual report, because it does deal with the dismissal of matters in that annual report for the first seven months of operation.

Clause passed.

Clause 9.

Ms COOK: Attorney-General, how many complaints would the Judicial Conduct Commissioner be asked to rehear?

The Hon. V.A. CHAPMAN: I am not quite sure I understand the question. Is this in relation to complaints that have been dealt with and/or dismissed and then a second application comes before the commissioner? Is that what you are referring to?

Ms COOK: Yes.

The Hon. V.A. CHAPMAN: Well, we have no idea of that.

Ms COOK: Not a guess?

The Hon. V.A. CHAPMAN: No idea. There is no indication from the report that we have to date that there have been some repeated complainants in relation to the same issue of misconduct or concerning conduct. We will review what happens in a full year when we get the annual report, if there is some indication of statistical information of those who might be a multiple complainer, because that is effectively what we are talking about, a serial complainer—some would say 'serial pest'. Nevertheless, there is no indication in the reports that we have to date, and I cannot recall anything from the commissioner suggesting to me that there is a problem brewing in relation people who make repeated and, perhaps, vexatious complaints.

Ms COOK: I have just one more question in regard to the discretionary dismissal. How many complaints do you think the Judicial Complaints Commissioner would dismiss under the section?

The Hon. V.A. CHAPMAN: That is in the report, and I think I read it out but I will repeat it. It is in relation to section 16 of the act. The number of complaints dealt with by taking no further action under section 16 of the JCC Act were 10 in that part year.

Clause passed.

Clauses 10 to 14 passed.

Clause 15.

Ms COOK: Under what circumstances would the Judicial Conduct Commissioner release the names of a complainant to a judge, and can you provide any examples regarding this at this point?

The Hon. V.A. CHAPMAN: Perhaps I had not made clear in my second reading contribution the circumstance in relation to this. Clearly, there would be a situation where, if there were multiple complaints against a judicial officer, an individual may say, 'I don't want my name to be presented.' I would anticipate that in a situation like that, where the commissioner might find in the affirmative—that is, the complaints were justified and there were multiple complaints against the same magistrate or judge—he may consider it is in the public interest that that information be disclosed if the complainants were people whose names would perhaps carry some weight in the community.

They are the sorts of situations I would see. I gave you an example where sometimes, even when withdrawing a matter, the particulars of the complaint and the status of the complainant—especially if there are multiple ones—may well be relevant to a determination as to what is in the public interest.

Ms COOK: I have one last question, and perhaps it is a clarification again. How many complaints do you think would fall into that category?

The Hon. V.A. CHAPMAN: We do not know yet because we have not had the capacity to ensure the protection of confidentiality. I think the commissioner is indicating, 'I didn't get many complaints in the first year. It may be because people are too scared to step forward. I think this needs to be considered.' That is what we are doing.

Clause passed.

Remaining clause (16) and title passed.

Bill reported without amendment.

Third Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (15:57): I move:

That this bill be now read a third time.

Bill read a third time and passed.

The Hon. V.A. CHAPMAN: Mr Deputy Speaker, I draw your attention to the state of the house.

A quorum having been formed: