❓ Hon Nick Goiran asks about the catalyst, consultation, and concerns regarding the Supreme Court Amendment Rules (No.2) 2020. The Attorney General provides details on the reasons for the amendments and the consultation process, stating no concerns were raised.
AnsweredQoN 92Legislative Council
QuestionView source ↗
I refer to the Supreme Court
Amendment Rules (No.2) 2020 , and I ask: (a) what
was the catalyst for bringing about these amendments to the rules; (b) who
was consulted prior to these amendment rules being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment rules addressed these concerns; and (f) if
no to (e), why not?
Amendment Rules (No.2) 2020 , and I ask: (a) what
was the catalyst for bringing about these amendments to the rules; (b) who
was consulted prior to these amendment rules being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment rules addressed these concerns; and (f) if
no to (e), why not?
AnswerView source ↗
Answered
16 June 2021
Responded by
Parliamentary Secretary representing the Attorney General
Response time
10 days
a)
i) Alignment of the Court Order 11A with a recommendation of the Council of Chief Justices of Australia and New Zealand’s (COCJ) Rules Harmonisation Committee and endorsed by the COCJ in respect of the Hague Service Convention rules.
ii) Amendments were made to Orders 58, 59, 67, 69 and 75 to fully recognise the Court’s transition to mandatory electronic filing, and to reflect minor changes to the Court’s preference for the Chief Justice or the Principal Registrar to make certain directions rather than the Senior Master.
iii) Various amendments were made to Order 70 following a request by the Select Committee into Elder Abuse to implement recommendation 33 of the Statutory Review of the Guardianship and Administration Act 1990 (2015):
33. That the Chief Justice is asked to consider amending the Rules of the Supreme Court 1971 to make it clear that a guardianship order or an administration order only renders a person incapable of making decisions for themselves if the order encompasses the subject matter of the proceedings.
(b) There has been consultation with the Court’s Civil Practice Committee, District Court of Western Australia, State Administrative Tribunal, Office of the Public Trustee, Commonwealth Attorney-General's Department and the COCJ Harmonisation of Rules Committee.
(c) No.
(d-f) Not applicable.
i) Alignment of the Court Order 11A with a recommendation of the Council of Chief Justices of Australia and New Zealand’s (COCJ) Rules Harmonisation Committee and endorsed by the COCJ in respect of the Hague Service Convention rules.
ii) Amendments were made to Orders 58, 59, 67, 69 and 75 to fully recognise the Court’s transition to mandatory electronic filing, and to reflect minor changes to the Court’s preference for the Chief Justice or the Principal Registrar to make certain directions rather than the Senior Master.
iii) Various amendments were made to Order 70 following a request by the Select Committee into Elder Abuse to implement recommendation 33 of the Statutory Review of the Guardianship and Administration Act 1990 (2015):
33. That the Chief Justice is asked to consider amending the Rules of the Supreme Court 1971 to make it clear that a guardianship order or an administration order only renders a person incapable of making decisions for themselves if the order encompasses the subject matter of the proceedings.
(b) There has been consultation with the Court’s Civil Practice Committee, District Court of Western Australia, State Administrative Tribunal, Office of the Public Trustee, Commonwealth Attorney-General's Department and the COCJ Harmonisation of Rules Committee.
(c) No.
(d-f) Not applicable.
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