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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-23 Daily Xml
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MAGISTRATES COURT (SPECIAL JUSTICES) 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) (12:01): Obtained leave and introduced a bill for an act to amend the Magistrates Court Act 1991. 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) (12:02): I move:

That this bill be now read a second time.

A justice of the peace may be appointed as a special justice under the Justices of the Peace Act 2005. Like the position of justice of the peace, the role of special justice is voluntary. Special justices are laymen; they are not legal practitioners. Under the Magistrates Court Act 1991, special justices are permitted to preside over matters in the Petty Sessions Division of the Magistrates Court, as well as other matters if there is no magistrate available. Those changes were made during the life of the Rann government, although the bill originated in 1991. Special justices may not, however, impose a sentence of imprisonment in criminal proceedings.

This bill will amend the Magistrates Court Act to extend the jurisdiction of special justices to additional minor offences and procedural matters. This follows the government's announcement of an additional $450,000 to be provided for extra sittings by special justices and training within the court. Allowing a broader range of minor offences to be dealt with by special justices will free stipendiary magistrates to deal with more serious criminal offences. This improves outcomes for victims of crime, as well as increasing access to justice. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Special justices are appointed under the Justices of the Peace Act 2005. Like the position of Justice of the Peace, the role of special justice is voluntary.

Like Justices of the Peace, special justices are laymen. They are not legal practitioners. They undergo a TAFE S.A. training course to prepare them for their appointment.

Under the Magistrates Court Act, special justices are permitted to preside over matters in the Petty Sessions Division of the Magistrates Court as well as other matters if there is no magistrate available. Special justices may not, however, impose a sentence of imprisonment in criminal proceedings.

Special justices in the Petty Sessions Division of the Magistrates Court presently have jurisdiction to:

deal with matters remitted to the Court under section 70I of the Criminal Law (Sentencing) Act (to remit or reduce fines where a debtor is unable to pay);

conduct reviews of enforcement orders under the Expiation of Offences Act 1996; and

hear and determine charges of offences against the Road Traffic Act 1961 for which no penalty of imprisonment is fixed.

The Chief Magistrate has suggested that special justices be permitted to deal with minor offences generally, up to a maximum penalty limit.

This Bill will:

(a) extend the jurisdiction of special justices to hear and determine a charge of any offence with a maximum penalty not exceeding $2,500 and no penalty of imprisonment as well as some other prescribed offences with a maximum fine of $2,500 that do include imprisonment as a penalty (although special justices remain prohibited from imposing a sentence of imprisonment);

(b) permit special justices to hear and determine any expiable offence where the person served with the expiation notice elects to be prosecuted, including offences with a higher maximum penalty;

(c) allow special justices to deal with prescribed uncontested applications; and

(d) allow special justices to determine applications for review of cancellation of relief orders under section 10 of the Expiation of Offences Act as well as clarify that special justices may adjourn court proceedings and deal with minor procedural matters assigned by the Court rules.

The Bill makes it clear that special justices may deal with such matters even if a magistrate is technically available to hear the matter.

Special justices will undergo extra training, both at TAFE and in the Court, in these additional responsibilities.

This proposal should increase the capacity of the justice system to deal with offences. Allowing a broader range of minor offences and procedural matters to be dealt with by special justices will free stipendiary magistrates to deal with more serious criminal offences. This improves outcomes for victims of crime as well as increasing access to justice.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Magistrates Court Act 1991

4—Amendment of section 7A—Constitution of Court

Section 7A provides for the constitution of the Magistrates Court and subsection (2) of that section provides for the Court to be constituted by a special justice in certain circumstances. It is proposed to repeal that subsection and substitute a new subsection (2) that will allow the Court to be constituted of a special justice in the following circumstances:

when sitting in its Petty Sessions Division;

when hearing uncontested applications of a class prescribed by the regulations;

in any other case, when there is no Magistrate available to constitute the Court.

However, when the Court is constituted of a special justice in criminal proceedings, the Court is prevented from imposing a sentence of imprisonment. The main change to the subsection is the addition of prescribed uncontested applications to the matters that may be heard by special justices.

5—Amendment of section 9A—Petty Sessions Division

The changes proposed to section 9A will broaden the jurisdiction of the Petty Sessions Division of the Court. Currently paragraph (b) of that section allows for the hearing and determination of a charge of an offence against the Road Traffic Act 1961 for which no penalty of imprisonment is fixed. Paragraph (b) is to be repealed and substituted with a new paragraph allowing for the hearing and determination of any of the following charges:

a charge of an expiable offence where the alleged offender elects to be prosecuted for the offence;

a charge of a prescribed offence (being an offence for which the maximum penalty does not exceed a fine of $2,500 but includes imprisonment and the offence is prescribed by the regulations for this purpose);

a charge of any other offence if the maximum penalty for the offence does not exceed a fine of $2,500 or include imprisonment (but may include disqualification from holding or obtaining a driver's licence).

The jurisdiction of that Division will also include applications to conduct a review of an enforcement order under both sections 10 and 14 of the Expiation of Offences Act 1996. Currently, paragraph (c) only allows for reviews under section 14 of that Act.

6—Amendment of section 15—Exercise of procedural and administrative powers of Court

This proposed amendment clarifies that the exercise of procedural and administrative powers of the Court may be exercised by a Registrar, special justice or justice, in accordance with the terms of that section.

Debate adjourned on motion of Ms Chapman.

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