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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Judicial Conduct Commissioner (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 May 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (16:45): I rise today to speak in support of the Judicial Conduct Commissioner (Miscellaneous) Amendment Bill 2024. This bill represents a crucial step in enhancing the framework that governs the conduct and accountability of our judicial officers in South Australia. As you are aware, the Judicial Conduct Commissioner Act 2015 established the office of the Judicial Conduct Commissioner, providing an independent and transparent process for handling complaints about judicial officers. This act was a significant milestone in ensuring that our judiciary remains accountable to the public while maintaining the high standards of fairness and justice we expect.

In 2021, we witnessed the first judicial conduct panel convened under this act to investigate complaints against a magistrate. The outcome of that inquiry, which led to the magistrate's removal from office, underscored the importance of having a robust and clear legislative framework to guide these processes. However, the experience also highlighted areas where the act could be strengthened to better serve all participants involved in such inquiries.

The Attorney-General's review of that inquiry process, including feedback from complainants and witnesses, has led to the introduction of this bill, which aims to provide greater clarity and consistency in how future judicial conduct inquiries are conducted. This bill introduces several important amendments to the existing act. It broadens the definition of a complainant, forms guidelines for judicial conduct panels, grants discretion for the postponement of complainant hearings, outlines appointment processes for legal representation and counsel, and extends immunity counsel-assisting inquiries.

I would like to go through each of these items in slightly more detail. In regard to broadening the definition of 'complainant', clause 3 expands the definition of a complainant to include individuals directly affected by a judicial officer's misconduct, even if they did not file the original complaint. This ensures that all those impacted by such misconduct are kept informed of the complaint's progress and have access to the protections afforded by the act.

In regard to guidelines for judicial conduct panels, clause 4 mandates the commissioner to publish comprehensive guidelines on how panels should conduct their meetings, inquiries and examinations. These guidelines will be developed in consultation with the Chief Justice of the Supreme Court and will be publicly accessible, ensuring transparency and consistency in the panel's operations.

In regard to postponement of complaint hearings, clause 5 grants the commissioner the discretion to postpone the consideration of complaints made during an ongoing judicial proceeding. This provision ensures the integrity of the judicial process while also allowing for the timely and appropriate handling of complaints.

In regard to legal representation and counsel appointment, clauses 7 and 8 introduce new sections to the act which outline the process for appointing counsel to assist in inquiries and guarantee the right to legal representation for judicial officers, complainants and witnesses. These sections also establish protections for witnesses, such as the ability to attend hearings electronically or be accompanied by a support person, as outlined in the Evidence Act 1929.

In regard to immunity for counsel assisting inquiries, clause 9 extends immunity from liability to include counsel appointed to assist in these inquiries, ensuring they can perform their duties without fear of legal repercussions.

The Liberal Party supports this bill. These amendments will enhance the clarity and consistency of judicial conduct inquiries and provide much-needed protections for those involved. The amendments reflect thoughtful consideration of past experiences and feedback from those directly impacted by the process.

I want to express our party's gratitude to the individuals who provided the feedback that has shaped this legislation. We hope this bill will positively impact future judicial conduct panels, ensuring the process is fair, transparent and respectful for all participants. The Judicial Conduct Commissioner (Miscellaneous) Amendment Bill 2024 is an important piece of legislation that strengthens the integrity and accountability of our judicial system. I am proud to support it and commend it to the chamber.

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

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