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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-09-28 Daily Xml
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Courts Administration (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (18:09): Obtained leave and introduced a bill for an act to amend the Courts Administration 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) (18:09): 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 Courts Administration (Miscellaneous) Amendment Bill 2022.

The Bill implements three of the recommendations made in the report of the Statutory Authorities Review Committee following its inquiry into the State Courts Administration Council – Sheriff's Office. It:

Repeals section 21B(4b) of the Courts Administration Act 1993 to allow 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.

Provides for the appointment of two non-judicial members of the State Courts Administration Council who can bring expertise in human resources management, finance, or administration to the State Courts Administration Council.

Prescribes additional information to be included in the Courts Administration Authority's annual report including a report from the Sheriff on the operations of the Sheriff and security officers.

An earlier version of this Bill was introduced by the former Attorney-General in the other place last year, but it did not progress beyond the second reading stage before the conclusion of the Parliament. The Bill differs slightly from the 2021 Bill. I will explain those differences as I explain the Bill below.

Recommendation 4 of the Statutory Authorities Review Committee Report proposed repeal of section 21B(4b) of the Courts Administration Act which prohibits the Commissioner for Public Sector Employment from exercising functions under section 14(1)(c) or (f) of the Public Sector Act 2009 in respect of the Courts Administration Authority.

Section 14(1)(c) and (f) enable the Commissioner to monitor and report on the observance of public sector principles and code of conduct and employment determinations and provide advice on and conduct reviews of public sector employment or industrial relations matters respectively.

Repeal of section 21B(4b) will mean the Commissioner can undertake those functions, and staff of the Courts Administration Authority will be reassured that the Commissioner has oversight of employment practices within the Authority.

The Statutory Authorities Review Committee proposed, at recommendation 6 of their report, that the Courts Administration Act be amended to provide for the appointment of two non-judicial members of the Council with extensive experience in human resources management, finance, or administration.

The 2021 Bill provided for 'up to' two non-judicial members to be appointed. This Bill requires two non-judicial members with extensive experience in human resource management, finance, or public administration to be appointed. Because of that difference, there are some consequential amendments to this Bill that differ from the 2021 Bill, relating to the appointment of deputies for the new non-judicial members, and to clarify the quorum and decision-making requirements of the Council.

The requirement for two non-judicial members with experience outside of the law is a fitting way to bring a diversity of views to the Council.

Finally, the Statutory Review Statutory Authorities Review Committee noted that recent annual reports of the Courts Administration Authority did not provide adequate information about important aspects of its operation, and was lacking in detail about worker's compensation, occupational health, welfare and safety, training, and human resources information. They also noted there was no report on the work of the Sheriff's Office, and an absence of a dedicated section for each division, as had previously been included in annual reports of the former Courts Services Department. To address these concerns (reflected in recommendation 5 of the report), the Bill prescribes this type of information to be included in the annual report of the Courts Administration Authority.

The 2021 Bill included a requirement for the Coroner (along with similar requirements for the Chief Justice of the Supreme Court, the Chief Judge of the District Court, the Chief Magistrate, and the Youth Court Judge) to provide a report to the Administrator about the operation of their Court for inclusion in the Courts Administration annual report and requires a report from the Sheriff. However, the Bill does not require the Coroner to provide a separate report for inclusion in the Courts Administration Authority's annual report.

The Coroner already has a requirement to provide an annual report pursuant to s39 of the Coroners Act 2003 directly to the Attorney-General, which is then required to be laid before Parliament within 12 days of receiving it. This requires the Coroner to report on the administration of the Coroner's Court and the provision of coronial services, and must also include all recommendations made by the Coroner's Court under section 25 of the Coroners Act (that is, the recommendations made following an inquest).

As the Coroner must include information about the non-court related functions of that office, it is appropriate for that report to continue to be made separately. It is also appropriate that the Coroner's annual report continue to include both types of information in a single annual report, rather than splitting them up. For this reason, I have not included a requirement for the Coroner to prepare a separate report to the Administrator for inclusion in the annual report of the Courts Administration Authority, although this does not preclude general information about the operation of the Coroner's Court being included.

Further, both the Coroner's and the Courts Administration Council's annual reports are required to be provided to the Attorney-General on or before 31 October each year, and both must then be laid before both Houses of Parliament within 12 days, meaning that it is likely that both reports can be easily viewed together if that is necessary.

In addition to addressing the recommendations of the Statutory Authorities Review Committee, the Bill clarifies the process for appointing and removing the State Courts Administrator. This is to remove any uncertainty about this process. It makes clear that the appointment is by the Governor on the recommendation of the Council and clarifies that the Administrator cannot be dismissed by the Council alone but must be dismissed by the Governor with the concurrence of the Council.

The efficient, effective, and accountable administration of South Australian Courts is an important part of the governance of this State. The reforms in this Bill will further refine the operation of the Courts Administration Council and Authority to ensure that justice can continue to be done, and be seen to be done.

Mr President, I commend the Bill to the chamber.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Courts Administration Act 1993

3—Amendment of section 7—Composition of the Council

This clause amends section 7 of the principal Act to require 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.

4—Amendment of section 9—Proceedings and decisions of the Council

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

5—Repeal of section 13

This clause repeals section 13 of the principal Act.

6—Amendment of section 14—Additional reports

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

7—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.

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

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

9—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 9 of this measure comes into operation.

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

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