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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
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Bills

Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Bill

Second Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (16:58): I move:

That this bill be now read a second time.

I am pleased to introduce the Statutes Amendment (Attorney-General’s Portfolio and Other Justice Measures) Bill 2021. The bill makes miscellaneous amendments to various acts committed to me as Attorney-General and three justice-related amendments to acts committed to other ministers. It addresses a number of minor or technical issues that have been identified in 22 different acts. I seek leave to have the balance of the second reading and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

To begin, Part 2 amends the Aged and Infirm Person’s Property Act 1940 in relation to the jurisdiction of the South Australian Employment Tribunal and the South Australian Employment Court. The amendments in clauses 4, 5 and 6 enable protection orders to be made by the Court and Tribunal in the course of exercising their personal injury jurisdiction. They remove the present requirement in section 8A that, for the District Court (or the South Australian Employment Tribunal or South Australian Employment Court after amendment) to make a protection order, the ‘infirmity’ or reduced capacity prompting the protection order must arise from the injury that is the subject of the personal injury proceedings. This will allow, for example, a protection order to be made in respect of a second plaintiff spouse in a dust diseases matter, where the spouse’s incapacity arises from age or other illness rather than the dust disease.

Part 3 of the Bill contains amendments to the Bail Act 1985. Clauses 7, 8 and 9 allow the court to prescribe the form for bail agreem32ents, guarantees and applications for release where it is the bail authority.

Clause 10 of the Bill clarifies the identity of the relevant bail authority where a person on bail is seeking approval to travel interstate under section 11, which deals with conditions of bail. It confirms the current practice that where the bail authority is a court, a judge or magistrate may approve interstate travel and where the bail authority is a police officer, a police officer above a certain rank may approve interstate travel.

Part 4 of the Bill amends the Burial and Cremation Act 2013. Section 10(5)(b)(i) of that Act currently refers to two certificates of death being required under section 36 of the Births, Deaths and Marriages Registration Act 1996. This is inconsistent with the actual requirements of the Births, Deaths and Marriages Registration Act. This amendment will ensue consistency between the two Acts. The effect is that one certifce is required under the Births, Deaths and Marriages Registration Act and the other from a medical practitioner in a form approved by the Registrar for Births Deaths and Marriages, in order for a cremation permit to issue.

Mr Speaker, Part 5 of the Bill amends the Children and Young People (Safety) Act 2017. Section 86 of that Act allows the Chief Executive of the Department of Child Protection to give a direction to prevent a person communicating with a child who is in the custody or under the guardianship of the Chief Executive. Historically, there have been difficulties proving that communication occurred, even where a child is in the company of the person the subject of a direction.

The amendment in clause 12 provides the Chief Executive with an additional ground for issuing a direction so that a person can now be directed not to be in the company of or otherwise associated with a guardianship child.

New section 86(4a) ensures that a child who is in the company of a person the subject of a direction, who communicates or attempts to communicate with such a person or who is harboured or concealed in contravention of a direction given to a person does not commit an offence.

New section 86(6) provides that a child to whom a direction relates cannot be compelled to give evidence in proceedings relating to an offence charged under this section.

Part 6 of the Bill amends the Civil Liability Act 1936 to remove a redundant reference in section 64(3)(b) to section 105 of the Law of Property Act 1936, which has been repealed. The effect of the section is unchanged.

Part 7 of the Bill amends section 66(2)(aba) of the Correctional Services Act 1982 (as inserted by the Correctional Services (Accountability and Other Measures) Act 2020) to delete an obsolete reference to Part 3 Division 4 of the Sentencing Act 2017 and substitute a reference to an offence against Part 5, Division 2 or 3 of the Controlled Substances Act 1984. This amendment will rectify an anomaly caused by amendments to the Sentencing Act overtaking the Correctional Services (Accountability and Other Measures) Act in Parliament last year.

Part 8 of the Bill amends the definition of ‘judicial office’ in section 27A of the Courts Administration Act 1993. This relates to an amendment to the Judicial Conduct Commissioner Act 2015, in clause 40 of this Bill, setting out the hierarchy of judges and other judicial officers. It is necessary to amend this definition to ensure that it is consistent with the clause 40 amendment.

Part 9 of the Bill comprising clauses 16 to 28 contains a series of amendments to the Criminal Law (High Risk Offenders) Act 2015. For the sake of brevity, Mr Speaker, I will refer to that Act as the ‘High Risk Offenders Act’.

Clause 16 adds Commonwealth offences to the definition of ‘serious sexual offence’ in section 4(1) of the High Risk Offenders Act. It also deletes the definition of ‘youth’ and adds a subsection (3) to the effect that a reference in the Act to a person convicted of an offence includes a person who was, at the time they were convicted of the offence, under the age of 18 years. Read in conjunction with section 6, as substituted by clause 17 of this Bill, the net effect is that while an application for a supervision order cannot be made in respect of a person under 18 years of age, offences committed by a person under 18 can be taken into account when considering whether they should be the subject of a supervision order as an adult.

Clause 17 of the Bill substitutes section 5 of the High Risk Offenders Act which defines the meaning of ‘high risk offender’. The amendments remove certain ambiguities and clarify those offenders covered by the definition and the type of offending. For example, it is made clear that the definition only covers serious violent offenders while they are currently serving a sentence of imprisonment for a serious offence of violence.

Clause 18 of the Bill amends section 7 of the High Risk Offenders Act to clarify that an application for an extended supervision order may only be made in the 12 months preceding the expiry of the term of imprisonment. It also clarifies that when deciding whether to make an order under section 7, the Court must not take into consideration any intention of the respondent to leave the State (whether permanently or temporarily).

Clause 19 of the Bill amends section 9 of the High Risk Offenders Act to clarify that the obligations of a person subject to a supervision order are suspended while they are in custody.

Clause 20 of the Bill amends section 10 of the High Risk Offenders Act. That section spells out the conditions that automatically apply to extended supervision orders. The amendment adds a condition that the person subject to the order is prohibited from leaving the State without the permission of the Supreme Court or the Parole Board. Those bodies are only able to give permission if the person provides information about their proposed travel, including the information prescribed by regulation.

Section 10 is also amended to clarify that the Supreme Court may impose any condition able to be imposed by the Parole Board under section 11.

Clause 21 of the Bill inserts an additional sub-paragraph (ia) in section 11 to clarify the Parole Board’s powers to place conditions limiting the movements outside the home of high risk offenders under extended supervision orders. In practice, this may be a curfew or close supervision at home.

Clause 22 amends section 13 of the High Risk Offenders Act to allow the Supreme Court to transfer an application for variation or revocation of a supervision order to the Parole Board, and to make rules in respect of such a transfer. Once applications are transferred, they can proceed as if they had been made to the Parole Board.

Clause 23 of the Bill amends section 14 of the High Risk Offenders Act to allow the Parole Board a level of discretion to make consequential or ancillary orders when varying a supervision order.

Clause 24 of the Bill inserts new section 14A in the High Risk Offenders Act to allow the Parole Board to vary or revoke the conditions on a supervision order, (including conditions imposed by the Supreme Court) where there has been a material change in circumstances and it is in the interests of justice to do so. When considering an application to vary a supervision order, the Parole Board must give all parties an opportunity to be heard and to make submissions on the matter.

Clause 25 amends section 17 of the High Risk Offenders Act to allow the Parole Board to direct that a person be detained in custody pending circumstances necessary for the purposes of ensuring their compliance with a condition of a supervision order. These circumstances may include matters such as appropriate accommodation or treatment programs.

Clause 26 amends section 18 of the High Risk Offenders Act to address operational difficulties with the powers of the Supreme Court where an offender breaches either an extended or interim supervision order. The amendments will allow the Supreme Court to order that a person be detained in custody via a continuing detention order until the expiration of the breached, or a further, supervision order, or for such lesser period as may be specified by the Court. In addition, proposed sub-sections (4a) and (4b) would allow the Supreme Court to vary or revoke conditions on a continuing detention order or to order an offender to be detained in custody pending circumstances necessary for ensuring compliance with the order, similar to the Parole Board amendment to section 17 (in clause 25 of the Bill) that I have already mentioned.

Clause 27 of the Bill inserts new Part 3A in the High Risk Offenders Act containing provisions for inter-agency co-operation. These provisions mandate formal information sharing processes with other jurisdictions, modelled on Part 4A of the Crimes (High Risk Offenders) Act 2006 (NSW).

Finally, in terms of the high risk offender amendments, clause 28 of the Bill amends section 22 of the High Risk Offenders Act. The amendment will allow for appeals from a refusal by the Supreme Court to make an extended supervision order or continuing detention order.

Mr Speaker, Part 10 of the Bill contains an amendment to section 103 of the Criminal Procedure Act 1921, clarifying that the power to lay an information in a superior court under this section may only be exercised in the authority and name of the Director of Public Prosecutions.

Part 11 of the Bill amends the Environment, Resources and Development Court Act 1993 to provide for the appointment of Judicial Registrars to the Environment, Resources and Development Court.

Part 12 of the Bill amends the Fences Act 1975 to update a reference in section 24 to refer to the Magistrates Court Act 1991 instead of the Local and District Criminal Courts Act 1926.

Part 13 of the Bill amends section 61 of the Guardianship and Administration Act to remove an obsolete reference to the Criminal Law Consolidation Act 1935. Section 61 currently provides that the South Australian Civil and Administrative Tribunal is not to consent to a termination of pregnancy unless the carrying out of the termination would not constitute an offence under the Criminal Law Consolidation Act. As the Termination of Pregnancy Act 2021 has rendered it no longer illegal to terminate a pregnancy, the reference to the Criminal Law Consolidation Act is redundant. Section 61 has been re-cast so that the other two provisos to termination remain but the Criminal Law Consolidation Act reference is removed.

Part 14 of the Bill amends the Judicial Conduct Commissioner Act 2015. Clause 40 inserts references to judicial registrars in the hierarchy of judges and other judicial officers. Clause 41 clarifies that the holders of judicial office can be removed from office regardless of whether the Act appointing them provides for such removal.

In addition, clause 42 inserts a new section 34A in the Judicial Conduct Commissioner Act, to allow the Judicial Conduct Commissioner a discretion not to give a written notice required under the Act in relation to a complaint or the dismissal of a complaint. This must be read in the context of other provisions in the Act, including section 13(2) which makes it clear that the rules of procedural fairness apply.

Part 15 of the Bill amends the Legal Practitioners Act 1981. Clause 43 extends the application of section 14AB(c) to suspected unsatisfactory conduct or professional misconduct of Australian-registered foreign lawyers. Clause 44 inserts new sub-section (4) in section 23 of the Act, to clarify that the prohibition on legal practitioners sharing profits with non-lawyers does not prevent a legal practitioner from entering into an agreement to share profits with an Australian-registered foreign lawyer. Clause 45 amends section 23D of the principal Act to require an Austalian-registered foreign lawyer establishing an office in South Australia to give notice to the Supreme Court to that effect, in the same way that interstate-registered practitioners must do.

Part 16 of the Bill amends section 84(1) of the Mental Health Act 2009 to remove the inference that mandatory initial reviews of short-term treatment orders under section 79 of that Act carry an automatic entitlement to legal representation in every case. In practice, the South Australian Civil and Administrative Tribunal conducts intial reviews under section 79 on the basis of written reports and treatment plans. This means legal representation is not necessary for initial reviews.

Part 17 of the Bill amends the Ombudsman Act 1972 to update an obsolete reference in section 5.

Part 18 of the Bill makes minor amendments to the Real Property Act 1886 to update obsolete references.

Part 19 of the Bill amends the Residential Tenancies Act 1995 to require a person paying a bond to the Commissioner for Consumer Affairs to provide the information required by the Commissioner, in order to help address the issue of unclaimed bonds.

Part 20 of the Bill amends the Retail and Commercial Leases Act 1995 to enable the Small Business Commissioner to charge a fee for mediation of commercial lease disputes.

Part 21 of the Bill amends the Roads (Opening and Closing) Act 1991 to update obsolete references in section 46.

Part 22 of the Bill amends the Witness Protection Act 1996. Clause 53 updates obsolete references, while clause 54 amends section 24 of the principal Act in light of the fact that there is no longer a Crown Counsel. ‘The Director’ is defined as including a person acting in the position of the Director, the Deputy Director, or a suitable person to whom the Director has, by instrument in writing, delegated his powers under this section, with the approval of the Commissioner of Police.

Finally, Part 23 of the Bill makes a minor amendment to the Youth Court Act 1993, to remove the requirement for principal members of the Youth Court judiciary (including Special Justices) to be appointed for a set term.

Mr Speaker, this concludes the matters that are the subject of this Portfolio Bill. While this Bill covers many different areas, it deals with important issues to ensure our justice system works efficiently and effectively for our community. 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 Aged and Infirm Persons' Property Act 1940

4—Amendment of section 3—Interpretation

This clause amends section 3 to insert a definition of employment court and make a consequential amendment to the definition of court. Employment court is defined as the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014 constituted of—

the South Australian Employment Court; or

a member who is, or at least 1 of whom is, a President or a Deputy President of the Tribunal.

5—Amendment of section 4—Exercise of jurisdiction of court

Subclauses (1) and (2) make consequential amendments. Subclause (3) inserts a new subsection (1b) to provide jurisdiction for an employment court in which an action for damages for personal injury is brought to make a protection order under section 8A of the Act. If the court makes such an order, the provision further provides jurisdiction for the same or any other employment court to hear and determine any consequential or related proceedings under the Act.

6—Amendment of section 8A—Protection order on court's own initiative

Section 8A(1) allows a court to make a protection order in respect of a person in an action for damages for personal injury if that person is by reason of that injury unable to manage their own interests. This amendment removes the need for the inability for the person to manage their interests to be as a result of the injury the subject of the action before the court.

Part 3—Amendment of Bail Act 1985

7—Amendment of section 6—Nature of bail agreement

This amendment allows a bail agreement, in circumstances where the bail authority is a court, to be in a form determined by the court. The requirement for all other bail agreements to be in the prescribed form remains.

8—Amendment of section 7—Guarantee of bail

This amendment allows a bail agreement, in circumstances where the bail authority is a court, to be in a form determined by the court. The requirement for all other bail agreements to be in the prescribed form remains.

9—Amendment of section 8—Form of application

This amendment allows a bail agreement, in circumstances where the bail authority is a court, to be in a form determined by the court. The requirement for all other bail agreements to be in the prescribed form remains.

10—Amendment of section 11—Conditions of bail

This clause amends the provisions of section 11(6)(c) to clarify that the conditions of bail in relation to allowing a person to leave the State may only be varied with the permission of a judge or magistrate (if the bail authority is a court) or a police officer of or above the rank of sergeant or the responsible officer for a police station (if the bail authority is a police officer).

Part 4—Amendment of Burial and Cremation Act 2013

11—Amendment of section 10—Cremation permits

Section 10 sets out the requirements for the issuing of a cremation permit authorising the disposal of remains by cremation. Section 10(5) provides that the Registrar must not issue a cremation permit unless the application is accompanied by specified certificates set out in the subsection.

This amendment clarifies the requirements for 2 certificates to be provided as set out in section 10(5)(b), the first being a certificate under section 36(3) of the Births, Deaths and Marriages Registration Act 1996 certifying that the deceased died from natural causes signed by a medical practitioner in accordance with the requirements set out in that subparagraph, and the second a certificate in a form approved by the Registrar signed by another medical practitioner.

Part 5—Amendment of Children and Young People (Safety) Act 2017

12—Amendment of section 86—Direction not to communicate with, or be in company of etc, child or young person

This clause inserts a new subsection (1a), (4a) and (6). Proposed subsection (1a) provides that the Chief Executive may, by notice in writing, direct a specified person not to be in the company of, or otherwise associate with, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice.

Proposed subsection (4a) provides that despite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person who undertakes conduct that contravenes a direction under the section commits no offence in relation to that conduct.

Proposed subsection (6) provides that despite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom a direction under the section relates is competent, but is not compellable, to give evidence in proceedings relating to a charge of an offence against the section.

Part 6—Amendment of Civil Liability Act 1936

13—Amendment of section 64—Abolition of rule as to unity of spouses

This amendment removes an obsolete reference to an application under a repealed section of the Law of Property Act 1936.

Part 7—Amendment of Correctional Services Act 1982

14—Amendment of section 66—Automatic release on parole for certain prisoners

These amendments remove a reference to a repealed definition of serious drug offence within the Sentencing Act 2017 and insert the repealed definition into section 66.

Part 8—Amendment of Courts Administration Act 1993

15—Amendment of section 27A—Interpretation

This clause amends the definition of judicial office to mirror the amendments made to the equivalent definitions in the Judicial Conduct Commissioner Act 2015 as proposed in clause 40 of the measure.

Part 9—Amendment of Criminal Law (High Risk Offenders) Act 2015

16—Amendment of section 4—Interpretation

The definition of serious sexual offence is amended to include an offence against a law of the Commonwealth corresponding to an offence referred to in paragraph (a) of the definition. For the purposes of determining whether a Commonwealth offence is a corresponding offence, any element of the Commonwealth offence relating to the location of the offence is to be ignored.

The removal of the definition of youth and the addition of section 4(3) are consequential on the substitution of section 6.

17—Substitution of section 5 and 6

Sections 5 and 6 are deleted and substituted as follows:

5—Meaning of high risk offender

The categories of high risk offender in the current section are extended by this proposed section to include—

a serious sexual offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious sexual offence; and

a serious violent offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious offence of violence; and

a person who is serving a sentence of imprisonment during the course of which an extended supervision order applying to the person expires.

6—Application of Act

Section 6 currently provides that the Act does not apply to a youth (within the meaning of the Young Offenders Act 1993) but that it may apply to a youth of or above the age of 16 years who is a terror suspect. The proposed section provides that an application for a supervision order under the Act may not be made in respect of a person under the age of 18 years, but may be made in respect of a person who is of or above the age of 16 years and a terror suspect (and the Act will apply to the person with modifications prescribed by the regulations).

18—Amendment of section 7—Proceedings

Subclause (1) amends subsection (2) to provide that an order under the section may only be made within 12 months preceding the relevant expiry date for the offender.

Subclause (2) inserts a new subsection (7) which provides that in determining whether to make a supervision order in respect of a person, the Court must not take into consideration any intention of the person to leave this State (whether permanently or temporarily).

19—Amendment of section 9—Interim supervision orders

The clause inserts a new subsection (3) to provide that the obligations of a person subject to an interim supervision order are suspended during any period that the person is in government custody.

20—Amendment of section 10—Supervision orders—terms and conditions

This clause amends section 10 to provide that a person under a supervision order that is subject to a condition that the person must not leave the State without the permission of the Supreme Court or the Parole Board, may leave the State if allowed by the Supreme Court or the Parole Board subject to such terms and conditions that the Supreme Court or the Parole Board thinks fit. It also contains an amendment to the section clarifying that the Supreme Court may impose any condition able to be imposed by the Parole Board under section 11.

21—Amendment of section 11—Conditions of extended supervision orders imposed by Parole Board

This clause adds a provision to section 11(1) of the Act permitting the Parole Board to impose a condition on an extended supervision order requiring a person subject to the order to remain at the person's residence during a specified period and not leave the residence at any time during that period except for a specified purpose, or in specified circumstances.

22—Amendment of section 13—Variation and revocation of supervision order by Supreme Court

This clause adds subsections (4), (5) and (6) to section 13 to allow the Supreme Court to refer an application for the variation of a condition of an order to the Parole Board, and for the Parole Board to then proceed to determine the matter. The provisions also allow the Supreme Court to make rules in respect of the transfer of specified classes of applications to the Parole Board.

23—Amendment of section 14—Consequential and ancillary orders

The clause inserts subsection (1a) to give power to the Parole Board, on varying a supervision order, to make any consequential or ancillary order it thinks fit in the circumstances of the particular case.

24—Insertion of section 14A

This clause inserts a new section as follows:

14A—Variation or revocation of condition of supervision order by Parole Board

The proposed section allows for the manner and circumstances in which the Parole Board may vary or revoke a condition of a supervision order or impose further conditions on the supervision order.

The proposed section also allows the Parole Board to refer such an application to the Supreme Court for determination, and also for the Supreme Court to order that such an application be determined by the Court instead of the Parole Board.

25—Amendment of section 17—Proceedings before Parole Board under this Part

This clause inserts a new provision to enable the Parole Board, if it considers that a person should be released from custody but subject to a certain condition, to detain the person pending circumstances reasonably necessary for the purposes of ensuring the person's compliance with such a condition being in place.

26—Amendment of section 18—Continuing detention order

This clause amends subsection (2) to allow the Court to order, in the event that an additional supervision order is imposed in respect of a person after a breach of an earlier supervision order, that the person be detained in custody pending the expiration of the additional order.

This clause also inserts new subsections (4a) and (4b). Proposed subsection (4a) provides that if the Court declines to make a continuing detention order in respect of a person under the section, the Court may—

vary or revoke a condition of the supervision order applying in respect of the person or impose further conditions on the supervision order; and

order that the person be detained in custody beyond the determination of proceedings either pending circumstances reasonably necessary for the purposes of ensuring the person's compliance with a condition of the supervision order being in place or in exceptional circumstances for a period necessary in the circumstances of the case.

Proposed subsection (4b) provides that if the Court makes a continuing detention order in respect of a person the subject of proceedings under the section and the continuing detention order will expire before the supervision order applying to the person expires, the Court may vary or revoke a condition of the supervision order or impose further conditions on the supervision order.

27—Insertion of Part 3A

This clause inserts a new Part 3A as follows:

Part 3A—Inter-agency cooperation

19AA—Interpretation

This clause defines terms for the purposes of the proposed Part.

19AAB—Exchange of information

The section provides that a relevant agency may enter into an arrangement (a co-operative protocol) with 1 or more interstate relevant agencies in respect of the sharing or exchange of information between the relevant agency and the interstate relevant agencies.

A co-operative protocol may relate to information concerning high risk offenders, information concerning a person, or person of a class, subject to an order under a corresponding law and any other information prescribed by the regulations.

For the purposes of a co-operative protocol, a relevant agency is authorised to request and receive information held by an interstate relevant agency that is party to the co-operative protocol and to disclose information to an interstate relevant agency that is party to the co-operative protocol to the extent that the information is reasonably necessary to assist in the exercise of functions under the Act or the functions of the interstate relevant agencies concerned.

28—Amendment of section 22—Appeals

This clause amends section 22 to provide that an appeal lies to the Court of Appeal against not only a decision of the Supreme Court to make an extended supervision order or a continuing detention order, but also an order of the Supreme Court to refuse to make such an order.

Part 10—Amendment of Criminal Procedure Act 1921

29—Amendment of section 103—DPP may lay information in superior court

This clause substitutes section 103(1) to clarify that an information may only be presented to the Supreme Court or the District Court in the name and by the authority of the Director of Public Prosecutions, and, despite any other provision of Part 5 of the Act, a person named in that information may, as a result, be tried at any criminal sessions of the Supreme Court or District Court (as the case may be) for any offence on that information.

Part 11—Amendment of Environment, Resources and Development Court Act 1993

30—Amendment of section 3—Interpretation

The clause makes amendments consequential on the inclusion of Judicial Registrars in the Act.

31—Insertion of section 11A

This clause inserts a new section allowing for the office of Judicial Registrars to be established as follows:

11A—Judicial Registrars

The proposed section provides that any Judicial Registrar holding office under the District Court Act 1991 who is designated by the Governor, by instrument in writing, as an officer of the Environment, Resources and Development Court will (while they continue to hold office as a Judicial Registrar) be a Judicial Registrar of the Court.

32—Amendment of section 15—Constitution of Court

This clause makes amendments consequential on the inclusion of Judicial Registrars in the Act.

33—Amendment of section 16—Conferences

The clause makes an amendment consequential on the inclusion of Judicial Registrars in the Act.

34—Amendment of section 26—Issue of evidentiary summonses

This clause makes an amendments consequential on the inclusion of Judicial Registrars in the Act.

35—Amendment of section 30—Right of appeal

This clause makes an amendment consequential on the inclusion of Judicial Registrars in the Act.

36—Amendment of section 36—Immunities

This clause makes an amendment consequential on the inclusion of Judicial Registrars in the Act.

37—Amendment of section 48—Rules

This amendment is consequential on the inclusion of Judicial Registrars in the Act.

Part 12—Amendment of Fences Act 1975

38—Amendment of section 24—Rules of court

This clause removes a reference to the repealed Local and District Criminal Courts Act 1926 and replaces it with a reference to the Magistrates Court Act 1991.

Part 13—Amendment of Guardianship and Administration Act 1993

39—Amendment of section 61—Prescribed treatment not to be carried out without Tribunal's consent

This amendment removes a reference to the offence of termination of pregnancy under the Criminal Law Consolidation Act 1935 consequent on this offence being repealed under the Termination of Pregnancy Act 2021.

Part 14—Amendment of Judicial Conduct Commissioner Act 2015

40—Amendment of section 4—Interpretation

This clause makes several amendments to the definition of judicial office to insert references to judicial registrars.

41—Amendment of section 26—Removal of judicial officer

This clause inserts a new subsection (3) that provides, to avoid doubt, that the power to remove a judicial officer under this section may be exercised despite any other provision for the removal of the judicial officer under the Act under which the judicial officer was appointed.

42—Insertion of section 34A

This clause inserts a new section as follows:

34A—Commissioner may determine not to give notice in a particular case

The proposed section gives the Commissioner power to determine, if the Commissioner thinks fit in a particular case, not to give a written notification required under the Act to a person in relation to a complaint or the dismissal of a complaint.

Part 15—Amendment of Legal Practitioners Act 1981

43—Amendment of section 14AB—Certain matters to be reported by Society

This amendment adds a reference to Australian-registered foreign lawyers to subsection (1)(c).

44—Amendment of section 23—Unlawful representation

This clause inserts a new subsection (4) to clarify that the offence in subsection (3) relating to a prohibition on entering into an agreement or arrangement with an unqualified person under which the unqualified person is entitled to share in the profits arising from the practice of the law does not apply to an agreement or arrangement entered into with a Australian-registered foreign lawyer in accordance with Schedule 1A of the Act.

45—Amendment of section 23D—Notification of establishment of office required

This clause makes several amendments to section 23D to extend the notification of establishment of office requirements to Australian-registered foreign lawyers.

Part 16—Amendment of Mental Health Act 2009

46—Amendment of section 84—Representation on reviews or appeals

This amendment removes the mandatory entitlement to legal representation for all reviews of treatment orders and other matters under section 79 of the Act, but maintains that a person may still be legally represented in such proceedings.

Part 17—Amendment of Ombudsman Act 1972

47—Amendment of section 5—Non-application of Act

This clause updates an obsolete reference.

Part 18—Amendment of Real Property Act 1886

48—Amendment of section 146—Discharge of mortgage by Minister in certain cases

This clause deletes an obsolete reference to certified mail and replaces it with a reference to registered post, and makes a further amendment to update a gendered language reference.

49—Amendment of section 276—Service of notices

This amendment deletes an obsolete reference to certified mail and replaces it with a reference to registered mail.

Part 19—Amendment of Residential Tenancies Act 1995

50—Amendment of section 62—Receipt of bond and transmission to Commissioner

This clause inserts a new subsection (3) that provides that a payment of bond to the Commissioner under the section must be accompanied by a notice, in a form approved by the Commissioner, setting out such particulars as the Commissioner may require in relation to the bond payment. A maximum penalty of $1,250 or an expiation of $210 applies for failure to comply with the proposed subsection.

Part 20—Amendment of Retail and Commercial Leases Act 1995

51—Amendment of section 64—Mediation of disputes

This clause inserts a power for a prescribed mediation fee to be payable by each party to a mediation under the section, and for the Small Business Commissioner to waive such a fee if satisfied that it is appropriate to do so in a particular case.

Part 21—Amendment of Roads (Opening and Closing) Act 1991

52—Amendment of section 46—Delegation by other authorities

This clause updates a number of obsolete references to matters under the repealed Development Act 1993, replacing them with the equivalent references under the Planning, Development and Infrastructure Act 2016.

Part 22—Amendment of Witness Protection Act 1996

53—Amendment of section 3—Interpretation

These amendments substitute obsolete references to the Police Act 1952 with references to the Police Act 1998.

54—Amendment of section 24—Disclosure of information where participant becomes a witness in criminal proceedings

This amendment substitutes the definition of Director of Public Prosecutions applying for the purposes of this section to include a person to whom the Director has, by instrument in writing and with the approval of the Commissioner of Police, delegated their functions and powers under the section.

Part 23—Amendment of Youth Court Act 1993

55—Amendment of section 9—Court's judiciary

This amendment removes subsection (3) which requires a proclamation designating a magistrate or special justice as a member of the Court's principal judiciary to state a term for which they are to be a member of the Court's principal judiciary.

Debate adjourned on motion of Mr Brown.

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