❓ Hon Nick Goiran asked about the catalyst and consultation process for the Supreme Court Amendment Rules 2022. The Attorney General responded that the amendments were minor, addressed discrepancies, and followed internal consultation with no concerns raised.
AnsweredQoN 753Legislative Council
QuestionView source ↗
I refer to the Supreme Court Act
1935 (Supreme Court Amendment Rules 2022 , 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?
1935 (Supreme Court Amendment Rules 2022 , 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
15 June 2022
Responded by
Parliamentary Secretary representing the Attorney General
Response time
8 days
(a) The Supreme Court Amendment Rules 2022 contain minor amendments to the Rules of the Supreme Court 1971, namely to Orders 81F and 81FA.
The catalyst for the amendment to Order 81FA was the establishment of a Criminal Property Confiscation Act 2000 (CPCA) ‘Directions List’ which removed the need for an applicant to file a summons for directions as required by Order 81FA rule 7(1).
The amendment to Order 81F was made to bring the Rules in line with current practice. It removed an outdated prohibition on applications under the Proceeds of Crime Act 2022 (Cth) (PoCA) from being filed electronically since most applications under PoCA were already being filed with the Court electronically.
(b) Internal consultation within the Supreme Court Judiciary occurred with regards to the establishment of the CPCA ‘Directions List’ and the subsequent amendment to Rules of the Supreme Court 1971.
(c) There were no concerns raised after consultation occurred in relation to the establishment of the CPCA ‘Directions List’ and amendment of Orders 81 and 81FA of the Rules of the Supreme Court 1971.
(d) N/A.
(e) The finalised amendments addressed the need to reconcile the discrepancy between current court practice and the regulations.
(f) N/A.
The catalyst for the amendment to Order 81FA was the establishment of a Criminal Property Confiscation Act 2000 (CPCA) ‘Directions List’ which removed the need for an applicant to file a summons for directions as required by Order 81FA rule 7(1).
The amendment to Order 81F was made to bring the Rules in line with current practice. It removed an outdated prohibition on applications under the Proceeds of Crime Act 2022 (Cth) (PoCA) from being filed electronically since most applications under PoCA were already being filed with the Court electronically.
(b) Internal consultation within the Supreme Court Judiciary occurred with regards to the establishment of the CPCA ‘Directions List’ and the subsequent amendment to Rules of the Supreme Court 1971.
(c) There were no concerns raised after consultation occurred in relation to the establishment of the CPCA ‘Directions List’ and amendment of Orders 81 and 81FA of the Rules of the Supreme Court 1971.
(d) N/A.
(e) The finalised amendments addressed the need to reconcile the discrepancy between current court practice and the regulations.
(f) N/A.
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