Page 4698 - Week 15 - Thursday, 16 December 1993
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JUDICIAL COMMISSIONS (CONSEQUENTIAL AMENDMENTS) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.27): Madam Speaker, I present the Judicial Commissions (Consequential Amendments) Bill 1993.
Title read by Clerk.
MR CONNOLLY: Madam Speaker, I move:
That this Bill be agreed to in principle.
The Judicial Commissions (Consequential Provisions) Bill is cognate with the Judicial Commissions Bill 1993 which I have just introduced. The Bill principally proposes a series of amendments to other Territory legislation which affect or refer to judicial tenure. Most importantly, the Bill omits the existing removal provisions in the Supreme Court Act, the Magistrates Court Act and the Administrative Appeals Tribunal Act as removal will be governed by the proposed Judicial Commissions Act.
The legislation relating to the Supreme Court, the Magistrates Court and the Administrative Appeals Tribunal presently provides for retirement by the Executive on the ground of invalidity. These provisions will be amended to take account of the new public sector superannuation scheme. The tenure of a special magistrate is linked to the period specified in the special magistrate's instrument of appointment, subject to retirement on attaining the age of 70. Similarly, a person of that age or over must not be appointed as a special magistrate.
A judicial commission is essentially a specialised royal commission. In conformity with the Royal Commissions Act 1991, the application of the Administrative Decisions (Judicial Review) Act, Freedom of Information Act and Ombudsman Act of 1989 to a judicial commission is excluded. The opportunity has been taken to amend both the Inquiries Act and the Royal Commissions Act in conformity with the provisions of the Judicial Commissions Bill, and to correct a few minor errors in the two existing Acts and to bring them into line with the Judicial Commissions Bill. Madam Speaker, I commend the Bill to the Assembly and present the accompanying explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
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