Malcolm Turnbull (Wentworth, Liberal Party, Parliamentary Secretary to the Prime Minister) Share this | Hansard source

I said ‘characteristically’; you said ‘uncharacteristically’. I said characteristically and that is exactly what I meant. I thank her for her concerns, but I remind the honourable member that in legal drafting, as in most areas, it is better to be part of the solution rather than just raising the problem.

This bill will give effect to purported orders made contrary to paragraph 39(2)(d) of the Judiciary Act 1903 by non-judicial officers of state courts of summary jurisdiction. In light of the comments of the member for Gellibrand, I am puzzled why these actions by non-judicial officers of state courts are evidence of some neglect by the Commonwealth of the federal judiciary. Again, that was another gap in the honourable member’s remarks today.

This bill will provide that the rights and liabilities of all persons are the same as if each such order made by a non-judicial officer of state courts of summary jurisdiction had been an order made by the court in the exercise of its federal jurisdiction. It also repeals paragraph 39(2)(d) and subsection 68(3) of the Judiciary Act in order to place state courts of summary jurisdiction in the same position as state, district, county and supreme courts, enabling states to determine, subject to constitutional requirements, which class of officer may exercise federal jurisdiction and in what circumstances.

The bill will allow states to determine which officers, including non-judicial officers, can exercise federal jurisdiction. Consequently, it will no longer be necessary for states to have in place different arrangements for handling matters in federal jurisdiction. By doing so, this bill contributes to achieving a more accessible, efficient and flexible civil justice system.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.

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