Page 2587 - Week 07 - Thursday, 2 August 2018
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The primary set of amendments in this bill will increase the retirement age of magistrates, the ACAT President and the Director of Public Prosecutions from the age of 65 to 70. Supreme Court judges currently are eligible to sit until the age of 70. While magistrates, the DPP and the President of the ACAT play very different functional roles in the justice system to judges, the differing ages of retirement that apply to them are now clearly historical. This change will bring the ACT into line with most other Australian jurisdictions.
The increased age of retirement means that sitting magistrates, directors and tribunal presidents will not be required to leave the bench at age 65. In addition to recognising the importance of these roles in the justice system, this change also recognises the value that we place on older Canberrans in the workforce. All of our workplaces benefit from their experience and participation, and the justice system is certainly no exception.
I would like to take the opportunity to thank Mr Hanson for raising the issue of the retirement age of magistrates with his bill of May 2018. There is no difference of principle between our bills, and the government has been engaged with the courts over the course of this term. The government’s bill is the result of that engagement. It brings together a broad series of improvements that have been identified cooperatively with the courts.
The second set of amendments in this bill also proceed from a recognition that the courts are a workplace. The bill will allow magistrates to work on a part-time basis. Previously there has been no provision for magistrates to work part-time in the ACT, although this is allowed in similar courts interstate.
The introduction of this provision will create increased flexibility in the working arrangements of magistrates. It will help to support magistrates to manage family or carer responsibilities, or to transition towards retirement. The part-time work arrangements will be negotiated between the magistrate and the Chief Magistrate, but will be required to be approved by the Attorney-General.
These amendments do not disturb the overarching responsibility of the Chief Magistrate for ensuring the orderly and prompt discharge of the business of the court. They simply provide the Chief Magistrate with more flexibility in discharging this function, while also providing government with the ability to have oversight over the resourcing arrangements of the court.
The third set of amendments in this bill deal with improvements to court legislation. Amendments to the Court Procedures Act 2004 will clarify the governance arrangements for the statutory office of the Principal Registrar. The Principal Registrar is a key office that manages the administration of our courts and tribunals. These provisions are modelled on similar provisions applying to the Director of Public Prosecutions and Solicitor-General, and deal with the responsibilities of the office and its powers to manage staff.
Importantly, this bill aligns the conditions under which the executive can make decisions about the Principal Registrar’s appointment with legislation about the
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