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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-11-13 Daily Xml
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Judicial Conduct Commissioner (Miscellaneous) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 15, page 5, line 31 [clause 15(2), inserted subsection (5)(b)]—

Before 'the Commissioner' insert:

subject to subsections (6) and (7),

No. 2. Clause 15, page 6, after line 6 [clause 15(2)]—After inserted subsection (5) insert:

(6) Before disclosing the identity of a complainant in accordance with subsection (5)(b), the Commissioner must give the complainant written notification that the Commissioner intends to disclose the complainant's identity (and providing reasons for the determination) and must allow the complainant a reasonable opportunity to make submissions to the Commissioner in relation to the determination or to withdraw the complaint.

(7) If the complainant notifies the Commissioner that the complainant wishes to withdraw the complaint, the Commissioner must determine to take no further action in respect of the matter the subject of the complaint.

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the Legislative Council's amendments be agreed to.

I indicate that the government will accept the two amendments, which essentially provide a process to ensure that any complainant in respect of a concern about judicial conduct or misconduct has the opportunity to withdraw their complaint if it is the commissioner's determination to disclose the complainant's identity. We accept this on the basis that we wish to have this law reform completed but confirm that this is not really necessary.

I want to place on the record that the whole reason we are here to amend the Judicial Conduct Commissioner Act is the request of Mr Lander QC, who is the Judicial Conduct Commissioner, to ensure that people do feel free to come forward and make a complaint. I think the example he used was in relation to a legal practitioner who might appear in his or her court on a regular basis and may feel intimidated into silence, so to speak, by not wishing to offend the judicial officer. He felt it was important that there be a capacity in the act for the complainant to be able to submit the complaint without there having to be a disclosure of the complainant's name.

These amendments insert a requirement that the commissioner give written notice if he or she decides that they are not going to allow the complainant's identity to be kept under wraps, and they need to give certain time frames and reasons for doing so. It does seem rather curious that we are happening into these amendments; nevertheless, we note them, accept them and appreciate that the matter has otherwise had the support of the parliament.

Motion carried.

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