❓ Hon Giz Watson questions the Attorney General regarding the implementation of recommendations related to the transportation of detained persons, specifically focusing on the competency assessment of police officers as deputy registrars, Justices of the Peace, and the use of audio-visual materials for bail considerations.
AnsweredQoN 5372Legislative Council
QuestionView source ↗
I refer to the Government response to Report 23 of the Standing Committee on Environment and Public Affairs 'Inquiry into the Transportation of Detained Persons; The Implementation of the Coroner's Recommendations in Relation to the Death of Mr Ward and Related Matters', and I ask -
(1) Regarding the response to recommendation 4, what assessment will be made of the competency of police officers in carrying out the functions of deputy registrars? Please provide full details.
(2) Regarding the response to recommendation 6, what assessment apart from self-assessment will be made of the competency of justices of the peace in carrying out judicial functions? Please provide full details.
(3) Regarding the response to recommendation 15 -
(a) how will roll out of audio visual materials in courts Statewide assist consideration of bail by magistrates outside standard business hours; and
(b) what further or other steps are being taken to enable bail to be considered by magistrates outside standard business hours?
(1) Regarding the response to recommendation 4, what assessment will be made of the competency of police officers in carrying out the functions of deputy registrars? Please provide full details.
(2) Regarding the response to recommendation 6, what assessment apart from self-assessment will be made of the competency of justices of the peace in carrying out judicial functions? Please provide full details.
(3) Regarding the response to recommendation 15 -
(a) how will roll out of audio visual materials in courts Statewide assist consideration of bail by magistrates outside standard business hours; and
(b) what further or other steps are being taken to enable bail to be considered by magistrates outside standard business hours?
AnswerView source ↗
Answered
15 May 2012
Responded by
Parliamentary Secretary representing the Attorney General
Response time
49 days
(1)
The Department of the Attorney General (DotAG) and WA Police (WAPOL) have worked together to implement changes to governance processes surrounding the appointment of police officers as deputy registrars. These changes are designed to ensure that police officers appointed as deputy registrars have a clear understanding of their powers and responsibilities.
The implementation of these changes in December 2009 resulted in the following outcomes:
-The guidelines for police officers appointed as deputy registrars were updated to clarify the powers and responsibilities of a deputy registrar.
-There is a requirement for an experienced registrar from a DotAG court located nearest to the appointed police officer to provide advice on the role and responsibilities of a deputy registrar.
-The police officer is required to complete an acknowledgement form of their appointment to confirm they are aware of the powers and responsibilities of a deputy registrar.
-All appointments, as at that time, were revoked and new appointments made to stipulate the location for which the appointment is valid. (Previously appointments were made state-wide).
The changes to the governance processes and new procedures surrounding the appointment of police officers as deputy registrars was successfully reviewed in December 2010 and the DotAG continues to monitor the governance process.
(2)
There are currently 3071 Justices of the Peace (JPs) in Western Australia, of which 383 are recorded as being available to preside in court.
From January 2012, the implementation of guidelines and procedures clearly specify that only JPs who attend DotAG approved training annually will be rostered to preside in court. JPs that qualify to preside in court are recorded on the courts case management system (CHIPS). All court staff, deputy registrars at police court locations where JPs preside and all JPs presiding in locations where JPs sit have been advised of the new guidelines and procedures.
The minimum requirement for a JP performing court duty is that in any calendar year a JP must have:
-attended a DotAG seminar or an authorised DotAG workshop on court sentencing/procedures, delivered by a magistrate; or
-completed two DotAG approved online training modules.
All training attended by JPs is recorded on the new JP database (JPAX).
The JP Branch will arrange for those JPs who have not received the minimum required training outlined above, within a calendar year, to be removed from CHIPS and these JPs will not be called upon to perform court duty, until they have received authorised training.
In addition to the above, a compliance test under the Magistrates Court 'Self Assessment Program' has been introduced for all non DotAG courts. This will assist to determine if courts convened by JPs comply with the Magistrates 'Instrument of Delegation' which outlines when, where and in what circumstances a JP court shall be convened pursuant to regulation 8,
Magistrates Court Regulations 2005.
The Magistrates Courts 'Self Assessment Program' was updated in March 2010 to ensure all non DotAG courts convened by JPs comply with the Magistrates 'Instrument of Delegation'.
(3)(a)
The roll out of audio visual facilities in courts state-wide has only facilitated the consideration of bail applications from regional and remote locations by magistrates, during normal business hours. Magistrates in regional courts encourage police operated courts in remote locations to utilise the audio visual facilities for bail matters during normal business hours particularly where children are concerned.
(3)(b)
As part of the investigation into the feasibility of introducing a two tiered system of JP appointments undertaken in 2010, different options relating to the provision of judicial services outside standard business hours were explored. This process saw the development of a discussion paper on the future role and structures of JPs in WA, including extensive consultation with the community and key stakeholders.
The DotAG received over 100 responses from key stakeholders and the community on possible changes to Western Australia's Justice of the Peace system. After analysis of the responses, a business case was prepared in August 2011 and the feasibility of implementing the recommendations is subject to further consultation with relevant agencies impacted by any changes in approach. This stage is due for completion by mid 2012.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
The Department of the Attorney General (DotAG) and WA Police (WAPOL) have worked together to implement changes to governance processes surrounding the appointment of police officers as deputy registrars. These changes are designed to ensure that police officers appointed as deputy registrars have a clear understanding of their powers and responsibilities.
The implementation of these changes in December 2009 resulted in the following outcomes:
-The guidelines for police officers appointed as deputy registrars were updated to clarify the powers and responsibilities of a deputy registrar.
-There is a requirement for an experienced registrar from a DotAG court located nearest to the appointed police officer to provide advice on the role and responsibilities of a deputy registrar.
-The police officer is required to complete an acknowledgement form of their appointment to confirm they are aware of the powers and responsibilities of a deputy registrar.
-All appointments, as at that time, were revoked and new appointments made to stipulate the location for which the appointment is valid. (Previously appointments were made state-wide).
The changes to the governance processes and new procedures surrounding the appointment of police officers as deputy registrars was successfully reviewed in December 2010 and the DotAG continues to monitor the governance process.
(2)
There are currently 3071 Justices of the Peace (JPs) in Western Australia, of which 383 are recorded as being available to preside in court.
From January 2012, the implementation of guidelines and procedures clearly specify that only JPs who attend DotAG approved training annually will be rostered to preside in court. JPs that qualify to preside in court are recorded on the courts case management system (CHIPS). All court staff, deputy registrars at police court locations where JPs preside and all JPs presiding in locations where JPs sit have been advised of the new guidelines and procedures.
The minimum requirement for a JP performing court duty is that in any calendar year a JP must have:
-attended a DotAG seminar or an authorised DotAG workshop on court sentencing/procedures, delivered by a magistrate; or
-completed two DotAG approved online training modules.
All training attended by JPs is recorded on the new JP database (JPAX).
The JP Branch will arrange for those JPs who have not received the minimum required training outlined above, within a calendar year, to be removed from CHIPS and these JPs will not be called upon to perform court duty, until they have received authorised training.
In addition to the above, a compliance test under the Magistrates Court 'Self Assessment Program' has been introduced for all non DotAG courts. This will assist to determine if courts convened by JPs comply with the Magistrates 'Instrument of Delegation' which outlines when, where and in what circumstances a JP court shall be convened pursuant to regulation 8,
Magistrates Court Regulations 2005.
The Magistrates Courts 'Self Assessment Program' was updated in March 2010 to ensure all non DotAG courts convened by JPs comply with the Magistrates 'Instrument of Delegation'.
(3)(a)
The roll out of audio visual facilities in courts state-wide has only facilitated the consideration of bail applications from regional and remote locations by magistrates, during normal business hours. Magistrates in regional courts encourage police operated courts in remote locations to utilise the audio visual facilities for bail matters during normal business hours particularly where children are concerned.
(3)(b)
As part of the investigation into the feasibility of introducing a two tiered system of JP appointments undertaken in 2010, different options relating to the provision of judicial services outside standard business hours were explored. This process saw the development of a discussion paper on the future role and structures of JPs in WA, including extensive consultation with the community and key stakeholders.
The DotAG received over 100 responses from key stakeholders and the community on possible changes to Western Australia's Justice of the Peace system. After analysis of the responses, a business case was prepared in August 2011 and the feasibility of implementing the recommendations is subject to further consultation with relevant agencies impacted by any changes in approach. This stage is due for completion by mid 2012.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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