Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

My question is to the Attorney-General, Senator George Brandis. In late 2013 the government commissioned KPMG to review the performance of the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia. In 2014 the Attorney-General's Department engaged Ernst & Young to identify savings and implementation costs of reform options for the federal courts outlined in the independent review of KPMG. On 23 April 2015 the Attorney-General's Department again engaged Ernst & Young to look at further structural and funding issues in consultation with the federal courts. Neither the KPMG nor the Ernst & Young report has been publicly released for comment or consultation. In view of the ongoing serious issues facing these courts, is the Attorney-General intending to make public these reports and, if so, when?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Thank you very much indeed for that question, Senator Hanson. I know you take a very close interest in the federal judiciary and in particular the family law system. I am familiar with the KPMG report and the Ernst & Young review. These were internal departmental documents. There have been reforms and efficiencies within the federal judicial system, in particular, the consolidation of the registry functions of the three federal courts that sit beneath the High Court of Australia—that is, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court. So, now, rather than having three different administrations, there is one common administration on which each of those courts is represented and operates under the auspices of the Federal Court of Australia. These are the kinds of efficiencies in the system, in the administrative aspects of the federal judicial system, that the government has implemented in collaboration or cooperation with the three heads of jurisdiction.

We are always looking for efficiencies in the way that all agencies operate. The need to seek efficiencies extends to the way the third arm of government, the judicial arm, operates, as well. I do not like referring to courts as agencies. I think the finance department does but I am a bit of a purist about this.

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. Senator Hanson on a point of order.

Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I was asking about the reports. Are they going to be released, and when?

Stephen Parry (President) Share this | Link to this | Hansard source

I remind the minister that he has 15 minutes within which to answer. Fifteen seconds—I correct the record!

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I could spend 15 minutes on this subject, Mr President; there is a lot to be said. But, Senator Hanson, I will consult with the secretary of my department to see what can be made available. The point I was making to you is that we have already relied upon these reports to achieve useful efficiencies. (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Hanson, a supplementary question?

Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

The honourable Attorney-General would be aware of the ongoing, serious delays in hearings on family law matters before the Family Court and the Federal Circuit Court. I understand a full complement of appointed judges is currently 65. However, would the Attorney advise on whether or not there is no statutory or regulatory limit on the number of judges that can be appointed to the Federal Circuit Court?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

That is strictly right, Senator Hanson, but there is of course a cost limit. The number of judges in the respective federal courts or the courts to which you refer are limited by budget allocation. We have kept the number at a constant level throughout the life of this government. We have replaced judges when they have retired or, in some cases, resigned from the bench. Last year there was a delay in replacing a Family Court judge in Brisbane, I recall, but it is largely the case that we have kept the establishment of judges at a constant number.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Hanson, a final supplementary question?

Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Irrespective of the exact number of judges that may or may not be appointed but mindful of the serious delays faced by litigants before the Federal Circuit Court exercising its family law jurisdiction, would the Attorney-General explain why there are currently four judicial vacancies on the Federal Circuit Court, being two in Melbourne and one in both Canberra and Sydney, which have been long-term vacancies. Of those vacancies, three of those four judges were family law specialist judges. When did you intend to have those positions filled? (Time expired)

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

With respect, Senator Hanson, it is not correct to say that they are 'long-term vacancies'. But I can advise you that replacements for three of those four vacancies have been identified. The relevant candidates have been approached. They have gone through the process that is undergone in the recruitment of judges. I expect to be taking the names of those three replacement judges to cabinet next week.

There will be one vacancy. I am in discussion with the Chief Judge of the Federal Circuit Court, Chief Judge Pascoe, to identify a suitable candidate for that vacancy. It is my practice, Senator Hanson, when we fill a judicial vacancy to discuss the matter with the head of jurisdiction, whether it is the chief justice of the Family Court or the Chief Judge of the Federal Circuit Court, to identify suitable candidates and then to approach them. Sometimes that takes a little time. But three of the four vacancies that you mentioned are about to be filled. (Time expired)