Page 152 - Week 01 - Thursday, 9 April 1992
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MS FOLLETT: I think Mr Humphries's comment that the South Building's floors are much bigger is obviously one of the things that the Administration and Procedures Committee is going to have to look at very quickly. I do not know whether members have noticed, but there is a tight deadline on this reference. It is asking the committee to report by the last sitting day of these sittings. It is going to be a quite taxing task for those people involved, including you, Madam Speaker. For that reason, I hope that the diversity of views and the options that people might want to examine are not too wide, and that members of the Administration and Procedures Committee will be able to take advantage of the work that has been done already, certainly by my Government, and I think by Mr Kaine in government as well. I again commend the motion, Madam Speaker, and thank members for their support.
Amendments agreed to.
Motion, as amended, agreed to.
CONSTITUTIONAL RECOGNITION OF THE SUPREME COURT
AND JUDICIAL TENURE
Debate resumed from 8 April 1992, on motion by Mr Connolly:
That the Legislative Assembly for the Australian Capital Territory requests the Commonwealth Parliament to:
(1) amend the Australian Capital Territory (Self-Government) Act 1988 by inserting a new Part, "PART VA - THE JUDICIARY", to provide for:
(a) the existence of the Supreme Court of the Australian Capital Territory having all original and appellate jurisdiction that is necessary to administer justice in the ACT and jurisdiction conferred by the Act, law of the Territory or Ordinance, provided that the Supreme Court shall not be bound to exercise any powers where it has jurisdiction concurrently with a lower court or tribunal, unless it is so required by legislation or Rules of Court.
(b) the removal from office of a judicial officer or member of a tribunal by the ACT Executive, but only at the request, by resolution, of the Legislative Assembly for the Australian Capital Territory acting in accordance with a report of a Judicial Commission, in which the Commission concludes that the behaviour or physical or mental capacity of the judicial officer or member of the tribunal concerned could amount to proved misbehaviour or incapacity such as to warrant removal from office.
(c) a Judicial Commission to have the function of investigating and reporting to the Attorney-General on allegations or complaints concerning the conduct or capacity of:
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