Courts Administration (Miscellaneous) Amendment Bill – Second Reading speech

Thursday 23 February 2023 

S.E. ANDREWS (Gibson) (16:51): I rise to speak in support of the Courts Administration (Miscellaneous) Amendment Bill. I believe in justice, the right to a fair trial and that we should all have a well-run court system to ensure that people have confidence in our justice system. This is why I am supporting this bill that will enhance oversight, reporting requirements and decision-making, improving the administration of justice on behalf of the people of South Australia. 

The Courts Administration Authority is constituted by the Courts Administration Act 1993 and, as you would expect, is independent of the legislative and executive arms of government. The authority is a means for the judiciary to control the provision of the administrative facilities and services required by the South Australian courts. The Courts Administration Authority is governed by the State Courts Administration Council. The State Courts Administrator is the council's chief executive officer, and the Sheriff's Office sits within the Courts Administration Authority. 

The bill implements three recommendations of the Statutory Authorities Review Committee following its inquiry into the Sheriff's Office and also clarifies the appointment process for the State Courts Administrator. These recommendations are important and to be supported. This bill is based on a bill that the previous government introduced in 2021 but that did not pass parliament. Once again, Labor is getting the job done to improve our state. 

The three recommendations that are enacted by this bill include recommendation 4 to repeal section 21B(4b) of the Courts Administration Act to allow the Commissioner for Public Sector Employment to monitor and report on the observance of public sector principles and code of conduct by the Courts Administration Authority. 

Recommendation 5 prescribes additional information to be included in the Courts Administration Authority's annual report, including a report from the Sheriff on the operations of the Sheriff and the security officers. I believe it is important that, as the Sheriff's Office sits within the authority, the Sheriff submits a report about the operations of their office as part of the authority's annual report. 

Recommendation 6 is a sensible recommendation that will provide for improved governance as it recommends the appointment of two additional non-judicial members of the Courts Administration Council who can bring expertise in human resources management, finance or administration to the council. Unlike the previous bill, this bill requires two non-judicial members to be appointed to ensure a diversity of experience in the make-up of the council. The 2021 version of the bill only provided for up to two non-judicial members to be appointed. Our government believes in quality decision-making and recognising the diversity of our community. 

The government will also be moving additional amendments concerning the make-up of the council to facilitate the participation of the Judge of the Youth Court, the State Coroner and the Senior Judge of the Environment, Resources and Development Court. These are additional to current council members, the Chief Justice, Chief Judge and Chief Magistrate. 

This bill also differs from the 2021 version of the bill by removing a requirement included in that bill for the Coroner to provide a report to the administrator about the operation of the Coroners Court for inclusion in the Courts Administration annual report. The State Coroner is already required to provide an annual report directly to the Attorney-General. 

The State Coroner is required to report on both the administration of the Coroners Court and the provisions of coronial services. They must also include all recommendations made by the Coroners Court following an inquest. 

The government believes as the Coroner's annual report requires the inclusion of information relating to their non-judicial functions as Coroner and the provision of coronial services, it is more appropriate for that report to continue to be provided to the Attorney-General. This is sensible and avoids extra administrative work for the Coroner. 

I note that the 2021-22 Courts Administration Authority's annual report recorded that the Sheriff's Office Cultural Change Plan 2021 and beyond, was established in 2021-22, comprising five pillars: 

• Leadership and Governance; 

• Communication; 

• Workforce Capacity; 

• Capable Workforce; and 

• Safety and Wellbeing. 

The Sheriff's Office Consultative Working Group re-formed in August 2021 with a representative from the Sheriff's Office staff, People and Culture, the Courts Administration Authority and the Public Service Association. The Sheriff's Office has successfully implemented a number of initiatives of the Sheriff's Office Cultural Change Plan through consultation with the working group, including the Your Voice Our Culture report, the first female Sheriff of South Australia being appointed, improved career pathways and training opportunities for staff, and better conditions and workplace culture for the staff. I would like to thank all those who work in our justice system. I commend this bill to the house.