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Parliamentary Questions


Question Without Notice No. 688 asked in the Legislative Council on 28 August 2018 by Hon Michael Mischin

Parliament: 40 Session: 1

ACTING MAGISTRATES

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

I refer to the Magistrates Court Act 2004.

(1) Has the Attorney General, since taking office, extended the term of service of any magistrate by way of the Governor, on his recommendation, making an appointment as an acting magistrate under clause 9 of schedule 1 of the act?

(2) In how many such instances has he so extended service, and for whom, when and by what term?

(3) In how many instances has he refused to extend service, and for whom, when and for what reason?

(4) In each case of an extension or refusal —

(a) what process did the Attorney General undertake in considering any such applications before making a recommendation to the Governor;

(b) did the Attorney General seek or receive any reports from the Chief Magistrate; and

(c) did the Attorney General seek or receive information and advice from others; and, if so, from whom and to what effect?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question. I might just point out that with respect to part (4) what the member read out is slightly different from what I have in front of me. I think the member read out, ''In each case of an extension or refusal'', but there is no ''or'' in my question.

Hon Michael Mischin: That's correct. It's been left out, but I think it's pretty obvious that that is what I was referring to.

Hon SUE ELLERY: I am advising the member that when he reads the answer, that may have affected the answer he receives.

(1) Yes.

(2) There were 13 instances.

Madam President, the rest of the information provided for (2) is with respect to each of those 13 instances and lists a name and a series of time periods. I might seek Madam President's indulgence to have that part of the answer incorporated into Hansard. It is basically an entire page.

Leave granted.

The following material was incorporated —

 

Robert Brian Lawrence on 9 May 2017 for the period 1 July 2017 to 30 June 2018 (both dates inclusive) and on 22 May 2018 for the period 1 July 2018 to 30 June 2019 (both dates inclusive).

Susan Peta Richardson on 9 May 2017 for the period 28 May 2017 to 27 May 2018 (both dates inclusive) and on 22 May 2018 for the period 28 May 2018 to 27 May 2019 (both dates inclusive).

Laura De Maio on 23 May 2017 for the period 1 July 2017 to 29 September 2017 (both dates inclusive).

Andrew Neil Mackey on 27 September 2017 for the period 2 October 2017 to 1 October 2018 (both dates inclusive).

Robin Lynn Cohen on 27 September 2017 for the period 2 October 2017 to 1 October 2018 (both dates inclusive).

Geoffrey Dudley Lawrence on 6 June 20018 for the period 23 September 2018 to 22 September 2018 (both dates inclusive).

Richard George Wykeham Bayly on 15 August 2017 for the period 4 October 2017 to 3 October 2018 (both dates inclusive) and on 6 June 2018 for the period 4 October 2018 to3 October 2019 (both dates inclusive).

Edward Charles De Vries on 15 August 2017 for the period 12 October 2017 to 11 October 2018 (both dates inclusive) and on 6 June 2018 for the period 12 October 2018 to 11 October 2019 (both dates inclusive).

Brian Charles Gluestein on 19 December 2017 for the period 21 January 2018 to 20 January 2019 (both dates inclusive).

Gregory Raymond Smith on 19 December 2017 for the period 15 April 2018 to 14 April 2019 (both dates inclusive).

Leonie Jane Forrest on 20 January 2018 for the period 12 February 2018 to 1 October 2018 (both dates inclusive).

Kelvin Trease Fisher on 27 February 2018 for the period 27 February 2018 to 26 February 2019 (both dates inclusive).

Evelyn Felicia Vicker on 8 May 2018 for the period 9 June 2018 to 8 June 2019 (both dates inclusive).

 

(3) Nil.

(4) Not applicable.