Thank you, Mr Speaker. The Green Party also supports the District Court (District Court Judges) Amendment Bill, because we believe that it is true that we have seen, as the previous two speakers mentioned, a backlog in terms of the current cases and the court system. Although this bill is not the most, I guess, progressive or visionary, it is a good step towards reducing some of that backlog.
I would like to first address what the Minister has raised as part of his speech, which is that this bill sends a stronger message and a stronger response to crime. I find that almost laughable, because that is not the intention of this particular bill. I think that increasing the number of judges certainly does not, in any way, send such a strong message. I have no idea why the Minister chose to mention that when discussing this particular bill.
In terms of the context of this bill, like the previous speaker, the Hon Dr Duncan Webb, has mentioned, it was introduced into the House in conjunction with the Sentencing (Reform) Amendment Bill, which will be discussed separately, but I think if one is the precursor of another, it does raise the issue in terms of the legislative intent of this particular bill in response to the potentially increasing burden to the court system as a result of the Sentencing (Reform) Amendment Bill.
In terms of my particular contribution, I want to first thank the submitters and also the Justice Committee for going through this particular bill and also the select committee process. I want to mention some of the submissions as part of that process, and the number of things that the submitters have raised. One of the things that the submitters have raised which is really, really important is the unambitious nature of this particular bill in terms of the number of judges that it increases. The Minister has mentioned that the last time we saw an increase in the number of District Court judges was in 2019, when the number of judges was increased from 160 to 182.
Now, considering the ambitious nature of the Sentencing (Reform) Amendment Bill, which this bill has been introduced in conjunction with, it does beg discussion and it does bring thoughts for the submitters on why the increase was only one fulltime-equivalent (FTE) and not more than that, like it was in 2019. One of the submitters has asked why we are increasing the number of fulltime-equivalents for judges from 182 to 183 when we could be looking at an increase to maybe 187—and one of the submitters mentioned 200. Again, it comes to the fact that, you know, if we really want to address some of these backlogs, we should be more ambitious in terms of increasing the number of judges.
I do understand that in many ways, the number of judges and the judges’ remuneration is done independently by the Remuneration Authority. For judges, they do have the security of tenure. However, I do think that the bill could have gone further, by the feedback we received from submitters that the number could be increased by a lot more than just one FTE.
One other alternative that a submitter has mentioned in terms of this is around, rather than locking it into primary legislation, the exact number of judges could be in proportion to the number of cases that we have in front of us. A number of submitters have mentioned, in terms of the resource that has gone into both the select committee process and the resource that has gone into our having this discussion, if this particular number isn’t set as part of the primary legislation—if we were able to remove that and use other ways of benchmarking it—it would alleviate a lot of the legislative burden of us having to relitigate it every time we are looking at an increase or a decrease; well, in this case, mostly an increase, or a decrease by attrition of the number of judges.
Those are some of the key points that have been touched on by submitters, and I think in this case the argument and, I guess, the rationale that we have seen on why this was part of the primary legislation is around the fact that the long-term financial implications of the number of judges and the fact that we have seen that protections can be put in place to ensure judicial independence—but the statutory limit on the number of District Court judges provides Parliament with a degree of control over spending on the judges.
Like the previous speaker, the Hon Dr Duncan Webb, has mentioned, while we are seeing potentially a $150 million blowout in the projected cost of the Sentencing (Reform) Amendment Bill, for us to so prudishly restrict the number of judges, and having that in the primary legislation, seems to defeat the purpose, and, in fact, may also impede on the judicial independence and the principle of comity that we do have within our constitutional arrangement. I think that is a really important aspect when we are looking at this bill in terms of the increase of the number of District Court judges.
The next point I would like to come to comes down to the process itself. The bulk of this bill, in terms of clause 4 of this bill, is an amendment to section 12 of the District Court Act 2016, but as part of that, I think it’s important to mention section 11 of that particular Act, and particularly around appointment process. This is something I would like to ask for clarification on from the Minister during the committee stage, around that appointment process.
A couple of things that did pique my interest as part of the selection stage is, number one, the appointment time of the District Court judge. I think, in section 11, “The Governor-General may, on the advice of the Attorney-General, appoint [the] Judge.”, but it is not specified when that needs to be done. Although the Act would be enacted, it would be really good to get clarification from the Minister on when that appointment will be made.
The second part of the clarification I’m looking for during the committee stage is around the location and the determination of where is the most appropriate appointment for that judge. Understandably, we’re looking at fulltime-equivalents, and if we’re appointing part-time judges, they are divisible by the fraction of hours that they do have. We are potentially, then, able to look at appointing multiple judges in multiple locations, but how are they being determined and where those judges would go is going to be something we’re going to be really interested in getting some clarification from the Minister on during the committee stage.
Finally, we really want to talk about the fact that the judges themselves are not the be-all and end-all of why we’re seeing a backlog in terms of our court system. We’re seeing a backlog because of the long-term underfunding and under-resourcing of our court system. We’re seeing that because of the other factors that are associated with it, not just simply in terms of judges but other staff and background staff that contribute and support our court and justice system overall.
I think, again, if the main intention—the legislative intention—of this bill is to streamline and to progress cases in a way where things go faster, it is simply one small part of it, and we would have liked to see other factors and other funding being contributed or being increased to the court system as a result of this. Again, surely this is something that the Minister would have considered as well.
Overall, the Green Party is supportive of this bill, of increasing the number of District Court Judges from 182 fulltime-equivalents to 183 FTEs. However, there are a couple of additional things that we would like to question the Minister on during the committee stage, and I think we would also like to, again, thank the submitters, because, again, although this is a small bill, it does have ongoing and more widespread implications. With that, the Green Party supports this bill.