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Parliamentary Questions


Question Without Notice No. 841 asked in the Legislative Council on 19 September 2018 by Hon Michael Mischin

Parliament: 40 Session: 1

ACTING MAGISTRATES

841. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:

I refer to the Attorney General's misinformation session with representatives of the Magistrates' Society of Western Australia on 2 August 2018, and his repeated responses to my questions, in which he simply sets out the legal process for appointing acting magistrates.

(1) Did the Attorney General tell them to the effect that he would rubberstamp applications by magistrates to extend their terms beyond their current retirement age—yes or no?

(2) What precisely did the Attorney General say to them on the subject?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question. The Attorney General has provided the following.

(1)–(2) The meeting on 2 August 2018 between the Attorney General and the Magistrates' Society of Western Australia was not a misinformation session. I indicated that, pending the passage through the Parliament of the bill, the statutory retirement age of all magistrates will be raised to 70. I said words to the effect that I, as Attorney General, and as a matter of policy, pending the passage of the bill, I will consent to the application of extension on an annual basis until such time as the magistrate reaches the age of 70 and so long as the Chief Magistrate does not object.

Several members interjected.

The PRESIDENT: Order!