Bills to improve justice system passed

Laws that will enhance public confidence in the judicial complaints process, and ensure that Courts are adequately resourced to improve access to justice were passed by Parliament today.

Attorney-General Christopher Finlayson welcomed the passage of three bills (which were introduced together as the Judicial Matters Bill) that increase the maximum number of District Court, Associate High Court, and Court of Appeal judges, and allow for the appointment of a deputy Judicial Conduct Commissioner.

"Increasing the maximum number of Judges in the District Court level and of Associate Judges in the High Court will help alleviate delays in both our criminal and civil justice systems," Mr Finlayson said. "These measures are part of the government's commitment to reducing the cost and time of litigation. Access to justice is an important part of the rule of law."

The Judicial Matters Bill was divided into three bills at the committee stage: the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Bill; the District Courts (District Court Judges) Amendment Bill, and the Judicature (Judicial Matters) Amendment Bill.

The Judicature (Judicial Matters) Amendment Bill increases the maximum limits on the number of Associate Judges of the High Court from six to nine. This is the first increase in the number of Associate Judges since 1991. It also provides that the maximum number of Judges of the Court of Appeal be increased from nine to ten. This is the first increase since 2006.

The Bill also sets out in the statute the method for determining the additional remuneration of High Court Judges when serving in the Court of Appeal. 

The District Courts (District Court Judges) Amendment Bill increases the statutory limit on the maximum number of judges who may be appointed as District Court Judges (and includes the Judges of the Environment Court).  This is the first increase since 2004.

The Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Bill amends the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004.  It enables the appointment of a Deputy Commissioner, nominated by the House, to undertake the duties of the Commissioner whenever the Commissioner has a conflict of interest or is otherwise unavailable.

The amendments arise from the recommendations of the inaugural Judicial Conduct Commissioner, Mr Ian Haynes, made in his annual reports to Parliament.  They were supported by the current Commissioner Sir David Gascoigne.

The Bill also empowers the Commissioner to take no further action on a complaint, where the complainant is satisfied by an explanation or an apology from the Judge, and the Commissioner considers that the complaint raises no concerns about judicial conduct requiring a referral to the relevant Head of Bench, or a recommendation for further examination by a Judicial Conduct Panel.