A WA parliamentary question on notice inquires about the review of the Magistrates Court Act 2004, specifically regarding access to court records and potential amendments to allow increased access for parties in civil proceedings. The parliamentary secretary provides answers regarding the committee's composition, submissions received, and the status of recommendations.

AnsweredQoN 421Legislative Council
Asked
13 June 2006
Portfolio
parliamentary secretary representing the Attorney General

QuestionView source ↗

MAGISTRATES COURT ACT - REVIEW
I refer to the review of the Magistrates Court Act 2004. (1) Has a committee been convened to review the Magistrates Court Act 2004 and associated legislation? (2) If yes to (1), what is the composition of the committee that undertook the review? (3) Did the committee receive submissions pertaining to section 33 of the Magistrates Court Act, which deals with access to court records? (4) Did the committee recommend that the Attorney General amend section 33 of the Magistrates Court Act to allow for increased access by parties with an interest in civil proceedings, bearing in mind that such access is currently afforded only to parties with an interest in criminal proceedings? (5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY

AnswerView source ↗

I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(1) Has a committee been convened to review the Magistrates Court Act 2004 and associated legislation? (2) If yes to (1), what is the composition of the committee that undertook the review? (3) Did the committee receive submissions pertaining to section 33 of the Magistrates Court Act, which deals with access to court records? (4) Did the committee recommend that the Attorney General amend section 33 of the Magistrates Court Act to allow for increased access by parties with an interest in civil proceedings, bearing in mind that such access is currently afforded only to parties with an interest in criminal proceedings? (5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(2) If yes to (1), what is the composition of the committee that undertook the review? (3) Did the committee receive submissions pertaining to section 33 of the Magistrates Court Act, which deals with access to court records? (4) Did the committee recommend that the Attorney General amend section 33 of the Magistrates Court Act to allow for increased access by parties with an interest in civil proceedings, bearing in mind that such access is currently afforded only to parties with an interest in criminal proceedings? (5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(3) Did the committee receive submissions pertaining to section 33 of the Magistrates Court Act, which deals with access to court records? (4) Did the committee recommend that the Attorney General amend section 33 of the Magistrates Court Act to allow for increased access by parties with an interest in civil proceedings, bearing in mind that such access is currently afforded only to parties with an interest in criminal proceedings? (5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(4) Did the committee recommend that the Attorney General amend section 33 of the Magistrates Court Act to allow for increased access by parties with an interest in civil proceedings, bearing in mind that such access is currently afforded only to parties with an interest in criminal proceedings? (5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(5) As a consequence of amendments made to section 33 of the Magistrates Court Act, will the Attorney General also amend the relevant sections of the Magistrates Court (General) Rules 2005? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
I thank the honourable member for some notice of the question. (1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(1) Yes. (2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(2) The steering committee is composed of the following officers: director, business improvement, Department of the Attorney General; director, higher courts, Department of the Attorney General; director, magistrates courts, Department of the Attorney General; senior assistant state solicitor; and director, legal services, Corruption and Crime Commission. (3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(3) Yes. (4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(4) The committee has not yet reported its recommendations. (5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.
(5) Amendments to the Magistrates Court (General) Rules 2005 are a matter for the Magistrates Court, not the Attorney General.  Therefore, any necessary amendments arising from the review will be brought to the Chief Magistrate’s attention.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more