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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-27 Daily Xml
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Courts Administration (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (16:05): Obtained leave and introduced a bill for an act to amend the Courts Administration Act 1993. Read a first time.

Second Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (16:06): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr Speaker, on 17 November 2020 the Statutory Authorities Review Committee tabled it's report on the inquiry into the State Courts Administration Council—Sheriff's Office.

The Committee made seven recommendations in its report. I tabled my response to the recommendations on 17 March 2021.

The Courts Administration (Miscellaneous) Amendment Bill 2021 (Bill) implements three of the recommendations in the report. A further amendment has been incorporated into the Bill. The Bill:

repeals of section 21B(4b) of the Courts Administration Act 1993 (Courts Administration Act)

provides for the appointment of up to two additional non-judicial members of the State Courts Administration Council

prescribes additional information to be included in the Courts Administration Authority's annual report, and

clarifies the mechanism for appointing the State Courts Administrator.

In its report, the Statutory Authorities Review Committee recommended the repeal of section 21B(4b) of the Courts Administration Act, in order to allow the Commissioner for Public Sector Employment to monitor and report on the Courts Administration Authority's observance of the Public Sector Code of Conduct and principles.

Section 14(1)(c) and (f) of the Public Sector Act 2009 (Public Sector Act) enables the Commissioner for Public Sector Employment to monitor and report on observance of the public sector principles, code of conduct and employment determinations, and provide advice on and conduct reviews of public sector employment or industrial relations matters respectively. Section 21B(4b) of Courts Administration Act currently prohibits the Commissioner from exercising functions under section 14(1)(c) or (f) of the Public Sector Act in relation to the staff of the Council.

Repealing section 21B(4b), as recommended, allows the Commissioner for Public Sector Employment to monitor and report on the observance of public sector principles and code of conduct by the Courts Administration Authority. This will mean that, with the passage of this Bill, staff in the Courts Administration Authority can be reassured that an independent body has oversight into employment practices within the organisation.

The Statutory Authorities Review Committee also noted that the annual report produced by the Courts Administration Authority did not provide adequate information about important aspects of its operation. In particular, the Committee found that there was a lack of detail on workers' compensation and occupational health, welfare and safety information, and no mention of the work or achievements of the Sheriff's Office for the financial year. The Committee also noted the lack of training and human resources information, and the absence of a dedicated section for each division, as was previously provided in the annual reports of the former Courts Services Department.

Mr Speaker, in my response to the report, I committed to amending the Courts Administration Act to set out more comprehensive annual reporting requirements for the CAA to provide greater detail about important aspects of its operation, such as information on workers' compensation and occupational health, welfare and safety information, training and human resources information, and a dedicated section from each division. This is achieved by clause 10of the Bill, which proposes to insert new section 23A in the Courts Administration Act. The amendment also specifies that the annual report must include a report from the Sheriff on the operations of the Sheriff and security officers.

This amendment will assist the Courts Administration Authority to comply with its annual reporting obligations and provide greater transparency and accountability with respect to its operations.

The Statutory Authorities Review Committee also recommended that the Courts Administration Act be amended to provide for the appointment and funding for up to two non-judicial members of the State Courts Administration Council with extensive expertise in human resources management, finance or administration.

The Bill amends section 7 of the Courts Administration Act to provide for the appointment of two non-judicial members of the Council by the Governor, with the concurrence of the Council.

A further amendment has been included in the Bill in order to clarify the role of the Council in relation to the appointment of the State Courts Administrator, which is an appointment made by the Governor. The amendments provide that the appointments is by the Governor on the recommendation of the Council, and that dismissal of the Administrator is by the Governor with the concurrence of the Council.

This Bill introduces important changes to the Courts Administration Act that will help to improve consistency and fairness with respect to the Courts Administration Authority's employment practices, and provide greater transparency and accountability in relation to its operations.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Courts Administration Act 1993

4—Amendment of section 7—Composition of the Council

This clause amends section 7 of the principal Act to allow an additional 2 members, having extensive experience in human resources management, finance or public administration, to be appointed to the Council, and makes related procedural provisions.

5—Amendment of section 9—Procedures of the Council

This clause makes a consequential amendment to section 9 of the principal Act.

6—Repeal of section 13

This clause repeals section 13 of the principal Act.

7—Amendment of section 14—Council to provide reports to Attorney-General

This clause deletes ‘further’ from section 14 of the principal Act to clarify the operation of the section.

8—Amendment of section 16—State Courts Administrator

This clause amends section 16 of the principal Act to require the recommendation of the Council in relation to the appointment of the State Courts Administrator.

9—Amendment of section 21B—Application of Public Sector Act and Superannuation Act

This clause repeals section 21B(4b) of the principal Act.

10—Insertion of Part 4A

This clause inserts new Part 4A into the principal Act, providing for annual reporting by the State Courts Administrator.

Schedule 1—Transitional provision

1—Annual report

This clause makes a transitional provision applying new section 23A in relation to the whole of the financial year in which clause 10 of this measure comes into operation.

Debate adjourned on motion of Hon. A. Koutsantonis.

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