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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-09-28 Daily Xml
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Bills

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (18:06): Obtained leave and introduced a bill for an act to amend the Judicial Conduct Commissioner Act 2015 and the Youth Court Act 1993. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (18:07): 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 President, the Bill I introduce today is the Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2022.

From time to time, an Attorney-General's Portfolio Bill is required to rectify minor errors, omissions and other deficiencies identified in legislation committed to the Attorney-General. Given the minor or technical nature of these amendments, it is often more efficient to deal with such matters in a single omnibus bill rather than in a separate amendment bill for each Act.

This Bill makes amendments to two Acts within the Attorney-General's portfolio, being the Judicial Conduct Commissioner Act 2015 and the Youth Court Act 1993, to address issues which have been identified by the Judicial Conduct Commissioner and the Judge of the Youth Court.

Turning to the substance of the Bill, Part 2 of the Bill makes two separate amendments to the Judicial Conduct Commissioner Act.

Firstly, clause 3 of the Bill inserts new sub-section 11(4) into the Judicial Conduct Commissioner Act. The amendment provides that delegation by the Commissioner of a function or power, because of a pecuniary or personal interest that conflicts, or may conflict, with the Commissioner's duties, does not constitute taking action in relation to the matter that is the subject of the delegation.

The Commissioner has requested that this amendment be made to ensure that complaints can be delegated in a timely and effective manner, noting that a similar delegation provision applies to the Legal Profession Conduct Commissioner under section 77(4) of the Legal Practitioners Act 1981.

Secondly, an amendment is made to section 12 of the Judicial Conduct Commissioner Act to clarify that the Commissioner cannot receive a complaint from a person who has been declared to be a vexatious litigant by the Supreme Court exercising its inherent jurisdiction.

Mr President, section 12(2) of the Judicial Conduct Commissioner Act currently provides the Commissioner cannot receive a complaint from a person who has been declared as a vexatious litigant pursuant to an order made by the Supreme Court under section 39 of the Supreme Court Act 1939. However, it is unclear whether this prohibition would extend to include persons who have been declared as vexatious litigants by virtue of Supreme Court exercising its inherent jurisdiction.

For the avoidance of doubt, the amendment clarifies that vexatious litigants cannot make a complaint under the Judicial Conduct Commissioner Act, regardless of whether they have been declared to be a vexatious litigant by virtue of an order of the court or under its inherent jurisdiction.

Mr President, Part 3 of the Bill makes amendments to the Youth Court Act to allow for the Judge of the Youth Court to delegate a judicial function, conferred on them under the Youth Court Act or other Act, to a Judge of the District Court, including a person who has been appointed to act in the office of Judge of the District Court on an auxiliary basis.

Section 22(2)(b)(i) of the Youth Court Act provides than an appeal against an interlocutory judgment lies to the Judge of the Youth Court. Prior to 1 January 2017, the Youth Court Act provided for multiple Judges of the Youth Court. However, since 1 January 2017, there has only been a single Judge of the Youth Court. Accordingly, all appeals from interlocutory judgments must be heard by the Judge of the Youth Court.

There is currently no power in the Youth Court Act for the Judge of the Youth Court to appoint an auxiliary judge or to delegate their judicial functions to a Judge of the District Court. As a result, the Judge of the Youth Court has been required to hear all appeals from interlocutory judgments, including proceedings in which they have had prior involvement and where there may otherwise be a reasonable apprehension of bias.

To address this issue, the Bill inserts new sub-sections 10(7a), 10(7b) and 10(7c) to allow for the Judge of the Youth Court to delegate their judicial functions to a Judge of the District Court, including a person appointed to that office on an auxiliary basis. This will allow for a Judge of the District Court (including an auxiliary Judge) to hear and determine appeals pursuant to section 22(2)(b)(i) of the Youth Court Act in circumstances where the Judge of the Youth Court may otherwise have a potential or actual conflict of interest.

Mr President, that concludes the measures that are the subject of this Bill. While the Bill contains a relatively small number of amendments, it addresses important issues to ensure that our justice system continues to work efficiently and effectively for our community.

I commend the Bill to the chamber and seek leave to insert the Explanation of Clauses into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Judicial Conduct Commissioner Act 2015

3—Amendment of section 11—Delegation

A new subsection is inserted to provide that delegation by the Judicial Conduct Commissioner of a function or power because of a pecuniary or other personal interest that conflicts or may conflict with the Commissioner's duties does not constitute taking action in relation to the matter the subject of the delegation.

4—Amendment of section 12—Making of complaints

The class of persons who may not make a complaint under the Act is broadened to include persons prohibited from instituting proceedings by the Supreme Court under its inherent jurisdiction.

Part 3—Amendment of Youth Court Act 1993

5—Amendment of section 10—Court's principal judicial officer

Provision is made for the Judge of the Court to delegate a judicial function conferred on the Judge of the Court under the Youth Court Act 1993 or another Act to a Judge of the District Court (including a person appointed under the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to act in the office of Judge of the District Court on an auxiliary basis).

Debate adjourned on motion of Hon. L.A. Curran.

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