The Supreme Court of Tasmania. Photo: Government House Tasmania.
Members of Tasmania’s judiciary could soon be removed from office under new legislation that has to make one more pass of the island state’s Lower House (House of Assembly) before coming into effect.
The Judicial Commissions Bill 2024 originally passed the House of Assembly on 16 October. Its purpose is to establish a legal framework for the management of judicial complaints in Tasmania.
Attorney-General and Minister for Justice Guy Barnett said at the time that it established a “fair, efficient and transparent process for gathering information and appropriately handling complaints in relation to Tasmanian judicial officers”.
However before the bill was passed by the state’s Legislative Council, independent MLC Meg Webb, moved to adjourn the debate to allow for further examination of the proposed reforms.
“Tasmania needs a judicial complaints framework, but we need one that is effective, reduces the possibility of constitutional challenge, and maintains public confidence in our judiciary,” said the Member for Nelson. “Rushing debate unnecessarily risks undermining these goals.
“Additionally, there are further proposed amendments which members need to consider properly.”
Tasmania MLC Meg Webb went on a parliamentary study tour to New Zealand in February, mostly to learn about how to improve the State Government’s integrity and transparency. Photo: Facebook.
In consultation with stakeholders “with expertise in this area”, Ms Webb developed a suite of 25 amendments that sought to address key outstanding concerns with the proposed reforms.
Her amendments to the bill proposed to:
- Clarify the appropriate statutory powers for the removal of judicial officers, in a manner that mitigates potential constitutional uncertainty
- Ensure the independence and appropriate qualifications of members on the new proposed council and judicial commissions, by ensuring the parliament remains responsible for determining such appointments rather than the government
- Lower the threshold for investigations to include matters that may undermine public confidence in the judiciary if left unaddressed, even if they may not warrant removal
- And require an independent review of the new act within 10 years of its commencement.
The independent’s motion was agreed to by her fellow MLCs, which led to the bill passing the Legislative Council with amendments on 31 October.
Attorney-General Guy Barnett said the bill must now return to the House of Assembly before it is passed.
“We’re continually looking for ways in which we can improve, modernise and refine Tasmania’s legal system,” he said. “The passage of the Judicial Commissions Bill through the Legislative Council is a solid step towards delivering that.”
In delivering this statement, the Attorney-General provided a fact sheet on the bill stipulating its provisions.
