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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-05-18 Daily Xml
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Judicial Administration (Auxiliary Appointments And Powers) (Qualification For Appointment) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (15:45): Obtained leave and introduced a bill for an act to amend the Judicial Administration (Auxiliary Appointments and Powers) Act 1988. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (15:45): I move:

That this bill be now read a second time.

The Judicial Administration (Auxiliary Appointments and Powers) (Qualification for Appointment) Amendment Bill 2016 expands the categories of persons eligible to be appointed an auxiliary to include a person who holds a 'prescribed office in a prescribed court of a jurisdiction outside Australia'. This will allow judges of international courts to be prescribed for the purposes of being appointed auxiliary judges in this jurisdiction, depending on the circumstances and on the arrangements made with the courts in those other jurisdictions.

From time to time, the courts need to appoint auxiliary judges. The purpose of appointing an auxiliary judge may be for them to hear a particular case to cover leave of permanently appointed judges or for other similar reasons. I seek leave to insert the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

The appointment of judicial auxiliaries is governed by section 3 Judicial Administration (Auxiliary Appointments and Powers) Act 1988.

The Judicial Administration (Auxiliary Appointments and Powers) Act provides for the Governor, with the concurrence of the Chief Justice, to appoint a person to act in a specified judicial office/s on an auxiliary basis. Judicial Administration (Auxiliary Appointments and Powers) Act sets out the categories of person who are eligible for appointment on an auxiliary basis. It includes retired High Court judges, retired or currently sitting judges of the Federal Court, the Supreme Court of another State or Territory, the District or County Court of another State or Territory, the Court of Appeal or the Supreme Court of New Zealand, or magistrates. It also permits a person who is eligible for appointment to the relevant judicial office on a permanent basis, or would be so eligible but for being over the age of retirement, to be appointed.

At present, the only international judiciary eligible for appointment are retired or current judges of the Court of Appeal or the Supreme Court of New Zealand.

The proposed amendment expands the category of eligible persons to include a person who holds a 'prescribed office in a prescribed court of a jurisdiction outside of Australia'. It will expand the scope of potential auxiliary judges available to be appointed to South Australian courts by permitting international courts to be prescribed.

It will permit, a judicial officer from another jurisdiction with particular expertise, perhaps of a technical nature, to be appointed to hear a case that would significantly benefit from that expertise.

It is intended that this may facilitate judicial 'exchanges' in appropriate circumstances. It will enable the judiciary to draw on the experience and expertise of international colleagues. This in turn may assist to improve processes and procedures, or substantive outcomes.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal. It is appropriate for the measure to commence on assent so there is no commencement provision in the Bill.

Part 2—Amendment of Judicial Administration (Auxiliary Appointments and Powers) Act 1988

3—Amendment of section 3—Appointment of judicial auxiliaries

This clause allows for the appointment of a person who holds a prescribed office in a prescribed court of a jurisdiction outside Australia as a judicial auxiliary in South Australia.

4—Insertion of section 7

This clause inserts a general regulation making power, reflecting the need to make regulations prescribing an office and a court for the purposes of the new provision to be inserted in section 3 of the Act.

Debate adjourned on motion of Ms Chapman.

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