The Courts Legislation Amendment (Magistrates) Bill 2021 – Potential ramifications for the independence of the judiciary

The Courts Legislation Amendment (Magistrates) Bill 2021 – Potential ramifications for the independence of the judiciary

3 August 2021

The Law Society understands that the Courts Legislation Amendment (Magistrates) Bill 2021 (Bill) introduced on 23 June 2021 has had its 2nd reading in the Legislative Assembly, and is listed again in the Assembly for 3 August (as the first order of the day).  However, the Law Society of Western Australia has, briefly, reviewed the Bill and considers that it may have potential significant ramifications for the independence of the judiciary in WA.

The Society considers the Bill may have consequences that are not immediately appreciated, and it is not clear whether the Bill will be subjected to scrutiny by any Parliamentary Committee.

At this time the Society neither supports nor opposes the Bill. The Society asks the Government to reconsider the proposed introduction of the Bill today so that it may consult broadly, including with the Society, about the Bill, and/or submit to the Bill to scrutiny via a parliamentary committee.

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For comment please contact:

Madeleine McErlain
Manager Corporate Communications
(08) 9324 8650
mmcerlain@lawsocietywa.asn.au

The Law Society of Western Australia is the peak professional association for lawyers in the State. The Society is a not-for-profit association dedicated to the representation of its more than 4,000 members. The Society enhances the legal profession through its position as a respected leader and contributor on law reform, access to justice and the rule of law. The Society is widely acknowledged by the legal profession, government and the community as the voice of the legal profession in Western Australia.

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