Michael Keenan (Stirling, Liberal Party, Shadow Minister for Justice, Customs and Border Protection) Share this | Hansard source

I am pleased to rise to speak on the Access to Justice (Federal Jurisdiction) Amendment Bill 2011. This bill seeks to amend the Administrative Appeals Tribunal Act 1975, the Family Law Act 1975, the Federal Court of Australia Act 1976, the Federal Magistrates Act 1999 and the Judiciary Act 1903 to implement the provisions of the Standing Committee of Attorneys-General model bills relating to procedural and jurisdictional matters relating to the Federal Court and the Administrative Appeals Tribunal.

I wish to note at the outset that the coalition broadly supports this bill as we recognise that affordable access to our courts is an essential component of the enjoyment of our individual rights and liberties. The coalition has a proud record in this regard. The establishment of the Federal Magistrates Court by the Howard government was the most important step forward in recent years, providing a forum for the low-cost, uncomplicated and efficient determination of disputes by a chapter 3 court.

We recognise that the final determination of disputes, especially in the courts but also in the various Commonwealth tribunals, necessarily entails steps that incur costs and delays—necessarily because the proper administration of justice requires the parties to disclose all information and material relevant to their dispute. Their processes can be abused by parties who seek to intimidate, delay and financially outshoot less well resourced litigants. Therefore, court and tribunal rules must ensure that judges and arbitrators have the authority and flexibility to detect and prevent abuses. The court and tribunal rules already provide this authority and flexibility, and the measures proposed by this bill provide incremental assistance to ensure that the administration of justice is not sidelined by process questions.

I will now briefly touch on the provisions contained in this bill. As has been noted in the bill's explanatory memorandum, the amendments proposed aim to provide the function and efficiency of the discovery rules in civil proceedings, specifically to provide more flexibility in costs orders and to allow pre-trial oral examination. The bill also aims to implement the SCAG model bill on suppression and non-publication orders and to implement the SCAG model bill concerning vexatious proceedings. It will align the jurisdictional limit of Family Court matters in Western Australia with the Federal Magistrates Court, and it will provide more flexibility to the AAT when dealing with the payment of fees.

One of the more notable issues in this bill is suppression and non-publication orders, which vary considerably across Australian jurisdictions. Stakeholders have suggested some minor amendments to the suppression order regime and to the explanatory memorandum in relation to the Western Australian Family Court.

The coalition supports measures to improve access to justice. However, we preserve the right to move amendments to this bill in the Senate pending the committee's recommendations. I note that this bill has been referred to the relevant committee. So, on the face of it, this bill does not present any problems. I think it is always wise within this parliament to give new legislation as wide an airing as possible so that people can look at it, examine it and make sure that the legislation itself is as flawless as possible. With that reservation in mind, the coalition does broadly support this bill and I therefore commend it to the House.

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