Mrs AAGAARD - 2004-06-17
This morning, the High Court handed down its decision on the long running action taken by NAALAS against the appointment of the Chief Magistrate. Can you please inform the House of that decision.
ANSWER
Madam Speaker, I thank the member for her question. I am pleased to advise the House today that the High Court has found the 1998 appointment of the Chief Magistrate, Mr Hugh Bradley, to have been validly made. The High Court has confirmed the decision of the Full Court and the Federal Court, and unanimously dismissed the appeal taken by the North Australian Aboriginal Legal Aid Service.
This judgment brings to a close this extended legal action. As Attorney-General, I am pleased that it sees an end to a long period of uncertainty for our legal system and our courts. The only outstanding issue now is the question of legal costs. As is the situation with any long-running litigation involving a number of different parties, costs will take some time to settle. This will involve negotiation between the parties and may include court processes. The Solicitor-General for the Northern Territory will be handling the question of costs, and I look forward to his advice in due course.
Today, I have also given notice of the government’s intention to introduce two bills into this parliament next week to ensure this situation can never arise again. The Remuneration Tribunal Amendment Bill 2004 and the Magistrates Amendment Bill 2004 will ensure, consistent with the principles of judicial independence, that the government is unable to intervene in the remuneration of magistrates. Those bills will provide that an independent body, the Remuneration Tribunal, will determine magistrates’ remuneration. Those determinations will be tabled in the parliament and, unless disallowed by the Assembly, will automatically come into operation.
Madam Speaker, I welcome the High Court’s unanimous decision, and I am pleased that this long-running case is now over.
ANSWER
Madam Speaker, I thank the member for her question. I am pleased to advise the House today that the High Court has found the 1998 appointment of the Chief Magistrate, Mr Hugh Bradley, to have been validly made. The High Court has confirmed the decision of the Full Court and the Federal Court, and unanimously dismissed the appeal taken by the North Australian Aboriginal Legal Aid Service.
This judgment brings to a close this extended legal action. As Attorney-General, I am pleased that it sees an end to a long period of uncertainty for our legal system and our courts. The only outstanding issue now is the question of legal costs. As is the situation with any long-running litigation involving a number of different parties, costs will take some time to settle. This will involve negotiation between the parties and may include court processes. The Solicitor-General for the Northern Territory will be handling the question of costs, and I look forward to his advice in due course.
Today, I have also given notice of the government’s intention to introduce two bills into this parliament next week to ensure this situation can never arise again. The Remuneration Tribunal Amendment Bill 2004 and the Magistrates Amendment Bill 2004 will ensure, consistent with the principles of judicial independence, that the government is unable to intervene in the remuneration of magistrates. Those bills will provide that an independent body, the Remuneration Tribunal, will determine magistrates’ remuneration. Those determinations will be tabled in the parliament and, unless disallowed by the Assembly, will automatically come into operation.
Madam Speaker, I welcome the High Court’s unanimous decision, and I am pleased that this long-running case is now over.
Last updated: 09 Aug 2016