Media Release: Upper House Demands Thorough Examination of Complex Judicial Commission Bill Legislation
Upper House Demands Thorough Examination of Complex Judicial Commission Bill Legislation
Tuesday, 22 October 2024
Independent Member for Nelson Meg Webb today said given the acknowledged complexity of the Government’s Judicial Commission Bill 2024, she welcomed the Legislative Council voting in support of her move to adjourn 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. Rushing debate unnecessarily risk undermining these goals,” Ms Webb said.
“The Lower House only passed the Bill last Thursday afternoon, with the formal circulation of the amended Bill to Legislative Councillors just occurring this morning minutes before we were scheduled to begin debate.
“Additionally, there are further proposed amendments which Members need to consider properly.
“In consultation with stakeholders with expertise in this area, I have developed a suite of 25 amendments which seek to address key outstanding concerns with the proposed reforms.”
Ms Webb’s proposed amendments to the Bill seek to:
- Clarify the appropriate statutory powers for the removal of judicial officers, in a manner which 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 which 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.
“Nobody disputes the complexity of the proposed legislative reforms which seek to establish a judicial complaints framework, which is why we cannot risk potential unforeseen ramifications by rushing debate.
“I welcome the support provided by my Council colleagues recognising that taking additional time to thoroughly examine the proposed legislative reforms is a responsible course of action,” Ms Webb said.
