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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-02-08 Daily Xml
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CRIMINAL LAW (SENTENCING) (SENTENCING POWERS OF MAGISTRATES COURT) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 25 November 2010.)

The Hon. I.F. EVANS (Davenport) (17:29): This contribution will be short, which will please the house. We are debating the Criminal Law (Sentencing) (Sentencing Powers of Magistrates Court) Amendment Bill, which is, no doubt, one of the minister's favourites. The opposition understands that this is a very simple bill. It deals with the capacity of the courts to deal with division 2 penalties. Currently, for division 2 penalties the magistrates are restricted to dealing with penalties up to $150,000.

As a result of changes to the legislation by the government in 2006, I think, that were debated in the upper house in 2007, the penalties in division 2 were increased to $300,000 and the issue was that the industrial magistrates could only deal with penalties up to $150,000, which meant those matters would have had to have been dealt with in the District Court. The argument is that the District Court is overloaded so we should give the industrial magistrates the power to deal with issues up to $300,000 penalty.

This matter is very simple. It was supported by all parties in the other place. The opposition has had no industry groups oppose the bill and, on that basis, the opposition supports the bill. As that is the only real provision in the bill, I have nothing further to add other than that we support the bill.

The Hon. P. CAICA (Colton—Minister for Environment and Conservation, Minister for the River Murray, Minister for Water) (17:31): I thank the member for Davenport for his very succinct contribution to the debate on this bill and I am grateful for the support he has indicated. I will recap a couple of issues very briefly.

This bill will ensure our skilled and experienced industrial magistrates can continue to hear OH&S matters and impose penalties of up to $300,000 when dealing with criminal offences under the Occupational Health, Safety and Welfare Act. It will also establish a firm foundation for the industrial magistrates to continue their very important work under the nationally harmonised OH&S system due to be enacted by 1 January 2012.

Again, I acknowledge the important contribution and cooperative approach of all organisations and individuals who engaged in the consultation process. The tripartite support from employer groups, employee representatives and government departments has ensured that dramatic shifts in the current processes for dealing with OH&S offences need not occur. Again, I reinforce my thanks to the opposition for its support of this amendment bill.

Bill read a second time.

Third Reading

The Hon. P. CAICA (Colton—Minister for Environment and Conservation, Minister for the River Murray, Minister for Water) (17:32): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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