JUSTICES
OF THE PEACE ACT
720. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the Justices of the Peace
Act 2004.
(1) Is this act currently under
review?
(2) If yes to (1), who is conducting the review, when
did it commence and when is it scheduled to be completed?
(3) If no to (1), when was the last
time the act was reviewed?
Hon
MATTHEW SWINBOURN replied:
(1)–(3) As
a result of the 2009 coronial inquiry findings into the death of Mr Ward—the
Ward inquiry—the Department of Justice published a discussion paper in relation
to certain functions being undertaken by justices of the peace. In 2020, Chief
Magistrate Heath issued a Magistrates Court practice direction, which was
effective from 1 August 2020, directing that Magistrates Courts are to be
constituted only by legally qualified magistrates. This implemented the most
significant element of the reform that related to the Ward inquiry.
This direction was also supported by
the McGowan government funding two additional magistrates, ensuring that the
Magistrates Court was resourced to take on the additional work. As such,
further work associated with this discussion paper has been placed on hold. The
department continues to monitor the roles and functions of JPs, ensuring the
continued efficiencies of their work. Any further work undertaken in relation
to the functions of JPs will be submitted to the Attorney General before making
the appropriate recommendations to cabinet.