JUSTICES OF THE PEACE — COURT PROCEEDINGS
1157. Hon
Dr BRIAN WALKER to the parliamentary secretary representing the Attorney
General:
I refer the Attorney General to Tom
Robinson's article in today's Kalgoorlie Miner, calling
for the return of justices of the peace to
the court bench, and citing strong Indigenous support for such a move.
Acknowledging the sensitivities surrounding
the Ward case, but in the strong belief that we should listen to Aboriginal
elders on matters of importance to the Aboriginal community, will the
Attorney General undertake to discuss this issue with the Chief Magistrate and
others in an attempt to reach a compromise that might allow properly trained
JPs to constitute a court under appropriate circumstances, as was previously
the case?
Hon
MATTHEW SWINBOURN replied:
I
thank the member for some notice of the question, and I provide the following
response on behalf of the Attorney General.
The Chief Magistrate issued a practice
direction directing that justices of the peace will no longer preside over
court proceedings, effective 1 August 2020. This meant that only legally
qualified magistrates would deal with all matters in the Magistrates Court of Western
Australia. This decision addresses the key recommendations of the State Coroner in relation to the tragic death of
the late Mr Ward and the related Standing Committee on Environment and
Public Affairs report.
With the growing volume and legal
complexity of criminal cases, including the increasing number of either-way offences being dealt with in the Magistrates Court,
JPs were gradually stepping back from hearing such matters in recent
years, prior to the practice direction being issued. The WA government has
funded and appointed two additional magistrates. Together with the use of video
link technology, this ensures the Magistrates Court continues to effectively
respond to regional and remote community needs and to provide the full range of
judicial services previously undertaken by JPs in their judicial capacity.
Magistrates
are appointed after an extensive recruitment process. They are now required to
have an understanding of the complex issue of family and domestic violence and
a demonstrated level of Aboriginal cultural competency. There are currently two magistrates who are Aboriginal, one
is located at South Hedland and one at Kalgoorlie. I would like to take this
opportunity to thank and acknowledge JPs for the invaluable service they
provide to the community.