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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-07-15 Daily Xml
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MAGISTRATES (REMOVAL FROM OFFICE) AMENDMENT BILL

Introduction and First Reading

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (16:45): Obtained leave and introduced a bill for an act to amend the Magistrates Act 1983. Read a first time.

Second Reading

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (16:45): I move:

That this bill be now read a second time.

The bill will amend the Magistrates Act 1983 to expand the grounds that might give proper cause for the removal of a magistrate and to provide for removal from office upon an address of both houses of parliament.

The Magistrates Act 1983 sets out a procedure for dealing with complaints against magistrates. The procedure involves an investigation and then a judicial inquiry to determine whether proper cause exists for removal. Where a magistrate has been convicted of an indictable offence, or it appears from the findings of the judicial inquiry that proper cause exists for removing a magistrate from office, an application is made to the full court for a determination on removal. Existing section 11(8) provides that:

Proper cause for removing a magistrate from office exists if—

(a) the magistrate is mentally or physically incapable of carrying out satisfactorily the duties of his office; or

(b) the magistrate is convicted of an indictable offence; or

(c) the magistrate is incompetent, or guilty of neglect of duty; or

(d) the magistrate is guilty of unlawful or improper conduct in the performance of the duties of his office.

The government believes the current wording, and I refer to (d), is too limited in that improper conduct not directly associated with the performance of the duties of the office is not a proper cause for removal.

I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Therefore, an amendment is proposed to para (d) to allow proper cause to exist for removal where a magistrate is guilty of disgraceful or improper conduct. It will not matter whether the disgraceful or improper conduct took place in the performance of the duties of the office of magistrate or in a private capacity. The conduct of a magistrate before the commencement of the new provision will also be able to be considered.

The Bill also includes a new section 11A to provide for removal from office on a resolution of both Houses. That is already the case with judges of the Supreme Court and the District Court.

The wording is consistent with the wording in Section 15 of the District Court Act.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal. The Bill will come into operation on the assent of Parliament.

Part 2—Amendment of Magistrates Act 1983

3—Amendment of section 11—Removal of magistrate from office on determination of Full Court

Section 11 of the Act provides for the criteria and process for the removal of a magistrate on the determination of the Full Court of the Supreme Court. Section 11(8)(d) currently provides that proper cause for removing a magistrate from office exists if the magistrate is guilty of unlawful or improper conduct in the performance of the duties of his or her office. This clause proposed to delete that paragraph and replace it with a new paragraph providing that proper cause for removing a magistrate from office exists if the magistrate is guilty of disgraceful or improper conduct.

It is proposed to insert a new subsection (9) in section 11 to provide that, in determining whether proper cause exists for removing a magistrate from office, conduct occurring before or after the commencement of the subsection may be taken into consideration.

4—Insertion of section 11A

New section 11A will provide for the removal of a magistrate from office by the Governor after an address from both Houses of Parliament praying for his or her removal from office. It is intended to be in addition to any other manner of removing magistrates from office.

Debate adjourned on motion of Hon. I.F. Evans.

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