Question On Notice No. 912 asked in the Legislative Council on 13 September 2022 by Hon Nick Goiran
Question Directed to the: Parliamentary Secretary representing the Attorney General
Parliament: 41 Session: 1
Question
I refer to the Attorney General Regulations Amendment (Fee
Waiver) Regulations 2022, and I ask:
(a) what
was the catalyst for bringing about these amendments to the regulations;
(b) who
was consulted prior to these amendment regulations being finalised;
(c) did
any person consulted raise any concerns;
(d) if
yes to (c), what were these concerns;
(e) have
the finalised amendment regulations addressed these concerns; and
(f) if
no to (e), why not?
Answered on 11 October 2022
(a) Previously, under the Magistrates Court Fee Regulations 2005 and Children’s Court Fee Regulations 2005, there was no power for registrars to waive an application fee payable by a party/s resulting from a clerical error made by the court. This amendment now allows for a registrar to utilise their discretion to waive a fee for an application where it is clear there was a clerical error made, so the court user does not have to be put to further expense.
(b) The Chief Magistrate and Magistrates Court staff were consulted and supported these amendments. The administration of the Children’s Court supported a similar amendment to their fee regulations to ensure they remained consistent with the Magistrates Court.
(c) None raised.
(d) - (f) Not applicable.