Legislative Council Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia Legislative Council published Bills Statutes Amendment (Judicial Registrars) Bill Statutes Amendment (Judicial Registrars) Bill Statutes Amendment (Judicial Registrars) Bill Second Reading Second Reading The Hon. K.J. MAHER Legislative Council Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:41): I move: That this bill be now read a second time. I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading it. Leave granted. Today I introduce a Bill to amend the Magistrates Court Act 1991, Youth Court Act 1993, District Court Act 1991, Supreme Court Act 1935 and the Oaths Act 1936 to create the new judicial office of Judicial Registrar in each of the Magistrates, Youth, District and Supreme Courts. The appointment of Judicial Registrars will produce efficiencies in the courts to which they are appointed. The primary benefit is expected to be that uncontested, high volume and less complex proceedings, and matters likely to resolve, could be redirected to Judicial Registrars thus allowing the other judicial officers of the Magistrates, Youth, District and Supreme Courts to devote more of their time to complex matters and the criminal and civil caseload of the courts. The appointment of Judicial Registrars would also permit at least some matters that are too complex to be dealt with by a special justice in the Magistrates Court to be dealt with by a Judicial Registrar rather than a Magistrate as is currently the case. In the Youth Court, also, special justices currently exercise the powers of a Judge or Magistrate of the Youth Court in certain cases when no Judge or Magistrate is available. A number of interstate and federal jurisdictions have Judicial Registrars in their courts, especially Victoria where there are provisions for Judicial Registrars throughout the court system in that State. Although there are some differences in these other jurisdictions, there are many similarities in the qualifications and functions of Judicial Registrars in their courts which are also reflected in this Bill. The Bill proposes that Judicial Registrars will be judicial officers of the courts to which they will be appointed by His Excellency the Governor, ranking between special justices (in those courts that have them) and the relevant court's magistrates, masters or judges, as the case may be. Recognising that Judicial Registrars will occasionally exercise Commonwealth judicial power, the Bill provides a strong framework for independence of Judicial Registrars from the Executive branch of Government. This includes, in particular, requiring the concurrence of the head of the relevant court before a Judicial Registrar is appointed or reappointed by the Governor. The head of the court's concurrence is also required in respect of a Judicial Registrar's term of appointment, their remuneration and their conditions of service, and before they can be removed from office. An appointee as a Judicial Registrar must be a legal practitioner of at least five years standing. A Judicial Registrar will be appointed by the Governor for a term of at least seven years. Judicial Registrars may be removed from office on the recommendation of the Attorney-General, and with the concurrence of the head of the relevant court, for mental or physical incapacity to carry out their duties satisfactorily, or neglect of duty, or dishonourable conduct. Judicial Registrars will exercise the jurisdiction set out in the Rules of the relevant court, except the power to impose a sentence of imprisonment or detention and other specified exclusions to be prescribed in the relevant Regulations. A Judicial Registrar can also be assigned other duties by the head of the relevant court. With the approval of the Attorney-General and the concurrence of the head of the relevant Court, Judicial Registrars will also be able to hold a compatible non-judicial office in the Court to which they are assigned. This will provide increased flexibility in making Judicial Registrar appointments. Provisions for appeals from decisions of Judicial Registrars are aligned with existing provisions for appeals from decisions of the magistrates and masters, as the case may be, of the relevant court. However, the Rules of the relevant court may determine that the appeal from a decision of a Judicial Registrar is an appeal de novo. Consequential amendments are made to the Magistrates Court Act 1991, Youth Court Act 1993, District Court Act 1991 and the Supreme Court Act 1935 to permit Judicial Registrars to perform judicial functions, to confer on Judicial Registrars the same privileges and immunities as other judicial officers of the relevant court, and also to make it clear that Judicial Registrars are judicial officers of the relevant court and not one of the non-judicial registrars of the court. The Oaths Act 1936 is amended to require Judicial Registrars to take the usual oath taken by judicial officers under that Act and to include Judicial Registrars in the list of persons who are Commissioners for taking affidavits in the Supreme Court. Members are asked to note that the Bill has been drafted on the assumption that the provisions in Part 6 of the Bill amending the Youth Court Act 1993 would commence on or after the commencement of the Statutes Amendment (Youth Court) Act 2016. I commend the Bill to Members. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title 2—Commencement 3—Amendment provisions These clauses are formal. Part 2—Amendment of District Court Act 1991 4—Amendment of section 3—Interpretation This clause amends and inserts various definitions necessary to provide for District Court Judicial Registrars. 5—Amendment of section 10—Court's judiciary This clause amends section 10 of the principal Act to add judicial registrars to the list of judicial officers that constitute the Court's judiciary. 6—Insertion of heading to Part 3 Division 2 Subdivision 1 This clause inserts a heading to new Part 3 Division 2 Subdivision 1. 7—Insertion of heading to Part 3 Division 2 Subdivision 2 This clause inserts a heading to new Part 3 Division 2 Subdivision 2. 8—Amendment of section 12—Appointment of other Judges and Masters This clause amends section 12 of the principal Act to make it clear that a different provision governs the appointment of Judicial Registrars. 9—Insertion of heading to Part 3 Division 2 Subdivision 3 This clause inserts a heading to new Part 3 Division 2 Subdivision 3. 10—Amendment of section 13—Judicial remuneration (other than for Judicial Registrar) This clause amends section 13 of the principal Act to make it clear that a different provision governs the remuneration entitlement of Judicial Registrars. 11—Insertion of Part 3 Division 2 Subdivision 4 This clause inserts new Part 3 Division 2 Subdivision 4 into the principal Act. Subdivision 4—Provisions relating to Judicial Registrars 16A—Appointment and conditions of Judicial Registrars The inserted section provides for the appointment of District Court Judicial Registrars. It also sets out the conditions on which the appointments may be made. 16B—Judicial Registrar ceasing to hold office and suspension The inserted section sets out the basis on which a Judicial Registrar may be removed from office and the circumstances in which a Judicial Registrar ceases to hold office. 16C—Jurisdiction of Judicial Registrar The inserted section sets out the scope of the jurisdiction of a Judicial Registrar and makes it clear that a Judicial Registrar may not impose a sentence of imprisonment. 12—Amendment of section 20—Constitution of Court This clause amends section 20 of the Act to provide that a Judicial Registrar has the (non-exclusive) jurisdiction to deal with matters that lie within the jurisdiction of the Court assigned to Judicial Registrars. 13—Amendment of section 29—Issue of evidentiary summons 14—Amendment of section 32—Mediation and conciliation Clauses 13 and 14 consequentially amend the principal Act to make provision for Judicial Registrars. 15—Amendment of section 43—Right of appeal This clause amends section 43 of the principal Act to provide that appeals against a judgment given by a Judicial Registrar are to be heard by the Court constituted of a Judge. 16—Amendment of section 44—Reservation of questions of law 17—Amendment of section 46—Immunities 18—Amendment of section 51—Rules of Court Clauses 16 to 18 consequentially amend the principal Act to make provision for Judicial Registrars. Part 3—Amendment of Magistrates Court Act 1991 19—Amendment of section 3—Interpretation This clause inserts a definition of Judicial Registrar and amends other definitions to provide for Magistrate Court judicial registrars. 20—Insertion of heading to Part 2 Division 2 Subdivision 1 This clause inserts a heading to Part 2 Division 2 Subdivision 1. 21—Amendment of section 7A—Constitution of Court This clause amends section 7A of the principal Act to provide that Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Magistrate or the rules. 22—Insertion of Part 2 Division 2 Subdivision 2 This clause inserts Part 2 Division 2 Subdivision 2 into the principal Act. Subdivision 2—Provisions relating to Judicial Registrars 7AA—Appointment and conditions of Judicial Registrars This clause provides for the appointment of Magistrates Court Judicial Registrars. It also sets out the conditions on which the appointments may be made. 7AB—Judicial Registrar ceasing to hold office and suspension The inserted section sets out the basis on which a Judicial Registrar may be removed from office and the circumstances in which a Judicial Registrar ceases to hold office. 23—Insertion of heading to Part 2 Division 2 Subdivision 3 This clause inserts a heading to Part 2 Division 2 Subdivision 3 24—Amendment of section 15—Exercise of procedural and administrative powers of Court 25—Amendment of section 24—Issue of evidentiary summonses 26—Amendment of section 27—Mediation and conciliation 27—Amendment of section 44—Immunities 28—Amendment of section 45—Contempt in face of Court Clauses 24 to 28 consequentially amend the principal Act to make provision for Judicial Registrars. 29—Amendment of section 49—Rules of Court This clause amends section 49 of the principal Act to provide that Court rules can be made to regulate the practice and procedure of the Court in its appellate jurisdiction. Part 4—Amendment of Oaths Act 1936 30—Amendment of section 7—Oaths to be taken by judicial officers 31—Amendment of section 28—Commissioners for taking affidavits Clauses 30 and 31 consequentially amend the principal Act to make provision for Judicial Registrars. Part 5—Amendment of Supreme Court Act 1935 32—Amendment of section 5—Interpretation This clause inserts a definition of judicial registrar for the purposes of establishing Supreme Court judicial registrars. 33—Amendment of section 7—Judicial officers of the court This clause amends section 7 of the principal Act to provide for judicial registrars as judicial officers of the court. 34—Insertion of sections 13I and 13J This clause inserts sections 13I and 13J into the principal Act. 13I—Appointment and conditions of judicial registrars The inserted section provides for the appointment of Supreme Court judicial registrars. It also sets out the conditions on which the appointments may be made. 13J—Judicial registrar ceasing to hold office and suspension The inserted section sets out the basis on which a judicial registrar may be removed from office and the circumstances in which a judicial registrar ceases to hold office. 35—Substitution of section 14 This clause substitutes section 14 of the principal Act. 14—Certain common interests do not disqualify The proposed section substantially re-enacts current section 14. It also provides for judicial registrars and updates the language used in the provision. 36—Amendment of section 48—Jurisdiction of Full Court, single judge, master, etc This clause consequentially amends section 48 of the principal Act to make provision for judicial registrars. 37—Insertion of section 48A This clause inserts new section 48A into the principal Act. 48A—Jurisdiction of judicial registrar The inserted section sets out the scope of the jurisdiction of a judicial registrar and makes it clear that a judicial registrar may not impose a sentence of imprisonment. 38—Amendment of section 49—Questions of law reserved for Full Court This clause consequentially amends section 49 of the principal Act to make provision for judicial registrars. 39—Amendment of section 50—Appeals This clause consequentially amends section 50 of the principal Act to make provision for judicial registrars. It also ensures that the specific limitations on appeals against certain judgments do not apply to an appeal against a judgment of a judicial registrar. 40—Amendment of section 65—Mediation and conciliation This clause consequentially amends section 65 of the principal Act to make provision for judicial registrars. 41—Amendment of section 72—Rules of court This clause consequentially amends section 72 of the principal Act to make provision for judicial registrars and substitutes section 72(1)(b) to provide that rules of court may be made to regulate the practice and procedure of the court (including in its appellate jurisdiction). 42—Insertion of section 110C This clause inserts section 110C into the principal Act. 110C—Immunities The proposed section provides that a master, judicial registrar, mediator or assessor has the same privileges and immunities from civil liability as a judge. It also provides that a non-judicial officer of the court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. Part 6—Amendment of Youth Court Act 1993 43—Amendment of section 3—Interpretation This clause amends and inserts various definitions necessary to provide for Youth Court judicial registrars as judicial officers under the principal Act. 44—Amendment of section 9—Court's judiciary This clause amends section 9 of the principal Act to add judicial registrars to the list of judicial officers that constitute the Court's judiciary. 45—Insertion of sections 10A to 10C This clause inserts new sections 10A to 10C (inclusive). 10A—Appointment and conditions of judicial registrars The inserted section provides for the appointment of Youth Court judicial registrars. It also sets out the conditions on which the appointments may be made. 10B—Judicial registrar ceasing to hold office and suspension The inserted section sets out the basis on which a judicial registrar may be removed from office and the circumstances in which a judicial registrar ceases to hold office. 10C—Jurisdiction of judicial registrar The inserted section provides that a judicial registrar may exercise such jurisdiction of the Court as assigned by the Judge of the Court or the rules. 46—Amendment of section 14—Constitution of Court This clause consequentially amends section 14 of the principal Act to provide for judicial registrars. It also ensures that when the Court is constituted of a judicial registrar in criminal proceedings a sentence of detention cannot be imposed. 47—Amendment of section 22—Appeals This clause consequentially amends section 22 of the principal Act to provide for judicial registrars. 48—Substitution of section 26 This clause substitutes section 28 of the principal Act. 26—Immunities The new section extends the existing protections of immunity from civil liability to judicial registrars. It also provides that a non-judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. 49—Amendment of section 27—Contempt of Court This clause consequentially amends section 27 to include judicial registrars. Debate adjourned on motion of Hon. D.W. Ridgway. At 16:42 the council adjourned until Tuesday 15 November 2016 at 14:15.