❓ Hon. Michael Mischin questions the Attorney General regarding statements made about extending magistrates' terms beyond retirement age. The Attorney General clarifies his position, stating his intention to consent to annual extensions until magistrates reach 70, pending legislative changes and the Chief Magistrate's approval.
AnsweredQoN 841Legislative Council
Asked
19 September 2018
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
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?
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?
AnswerView source ↗
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!
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!
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