Peter Slipper (Fisher, Liberal Party) Share this | Hansard source

Firstly, I would like to congratulate the Federal Magistrates Court for its success over the past five years in its handling of less complex family law matters and general federal law disputes. The Magistrates Court is, of course, only as good as its judicial officers; we have read about difficulties in one area, but I hope that the government will look at the appointment of an additional magistrate in Brisbane. I understand that the government might be looking sympathetically at the workload of the court, because the court has done a wonderful job. It deserves to be properly resourced, and I know that that is a matter very close to the heart of the Attorney-General.

The court, I believe, has been one of the outstanding success stories of the Australian judicial system. I am very pleased to see it continue to operate. I am pleased that the Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 is currently before the chamber, because it will build on the already obvious success of the Federal Magistrates Court to date.

The diligence and achievements of the Federal Magistrates Court have helped to free up the Family Court and the Federal Court to focus on more intricate and lengthy matters. This is an example of one section of the court system being able to work closely and effectively with another section. Often it is the case that when people do a good job they find themselves with additional responsibilities, and so it is with the Federal Magistrates Court, which will get additional responsibilities under the provisions of the legislation currently before the chamber. This will—and I think it is widely accepted in the community—bring about an overall improvement in the provision of court services in this country.

The Federal Magistrates Court currently has jurisdiction for issues involving family law, divorce, child support, bankruptcy, unlawful discrimination, privacy law, migration and copyright. It also has some jurisdiction under small parts of the Trade Practices Act 1974 dealing with consumer protection, product safety and bankruptcy issues arising under some legislation. Under this bill, the court will be granted further responsibilities under the Trade Practices Act. These changes will enable the Federal Magistrates Court to deal with claims under certain sections of the Trade Practices Act and will increase the amount of damages that the court is able to award. Currently, I gather, it is $200,000, but this bill will raise that figure to $750,000. The court will also get additional responsibilities as delegated from the Federal Court and the Family Court and responsibilities regarding specific individuals under the Admiralty Act 1988. These new powers involve the simple issues that arise under the act. Also under this bill, the Federal Magistrates Court will gain jurisdiction over certain appeals under the Child Support (Registration and Collection) Act 1988.

The Federal Magistrates Court, which came into existence in 2001, came under a planned two-year review in 2003. The review found that the Federal Magistrates Court was operating successfully and it was therefore suggested that its jurisdiction could be extended. This has always been one of the thoughts of the government. Extending the responsibilities of the court would help to enable the superior courts to deal with more convoluted matters. Overall, it means a more efficient court system that is better able to meet the needs of Australia and Australians in 2006.

The Federal Magistrates Court operates as an independent court. Its establishment effectively brought in a lower level federal court, and much of the federal law work that has been taken on was previously carried out by the state courts in the respective jurisdictions. The Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 will not only increase the responsibilities of the court but also provide easier access to the streamlined operation of the court. This is a very important and worthwhile piece of legislation and I am pleased to be able to commend it to the chamber.

See this speech in context