- State Government rushes to fix legal glitch over judicial appointments
- By DAVID KILLICK
- 02/04/2015 Make a Comment
- Contributed by: Brian_P ( 1 article in 2015 )
A GOVERNMENT oversight has cast a question mark over the appointment of the state’s magistrates, coroners and justices of the peace.
Under the 1869 Promissory Oaths Act, all magistrates, coroners and justices of the peace are required to take the judicial oath tendered by the Clerk of the Executive Council and taken in the presence of the Governor or the Chief Justice or another judge of the Supreme Court.
The requirement has not been followed for 30 years.
Attorney-General Vanessa Goodwin assured the public that criminal convictions and jail sentences were still valid despite the error.
The oversight was discovered recently and the Government has promised urgent legislation to fix the loophole.
“The Government will introduce legislation in the next sitting of Parliament to update legislation dealing with the appointment processes for magistrates, coroners and justices of the peace,” Ms Goodwin said.
“This requirement is impractical and outdated. It has recently been established that the process as outlined in the Act has not been used for the past three decades.
“It is appropriate that, having identified this potential issue, the Liberal Government takes immediate action to both update the relevant legislative provisions and ensure appointments remain valid.”
Ms Goodwin said the Government had legal advice that upheld the validity of any decision or action that has been taken by magistrates and justices to date.
“Existing magistrates, coroners and active bench judges are being correctly sworn in, in accordance with the Act. A swearing in took place earlier today.”
Under the 1869 Promissory Oaths Act, all magistrates, coroners and justices of the peace are required to take the judicial oath tendered by the Clerk of the Executive Council and taken in the presence of the Governor or the Chief Justice or another judge of the Supreme Court.
The requirement has not been followed for 30 years.
Attorney-General Vanessa Goodwin assured the public that criminal convictions and jail sentences were still valid despite the error.
The oversight was discovered recently and the Government has promised urgent legislation to fix the loophole.
“The Government will introduce legislation in the next sitting of Parliament to update legislation dealing with the appointment processes for magistrates, coroners and justices of the peace,” Ms Goodwin said.
“This requirement is impractical and outdated. It has recently been established that the process as outlined in the Act has not been used for the past three decades.
“It is appropriate that, having identified this potential issue, the Liberal Government takes immediate action to both update the relevant legislative provisions and ensure appointments remain valid.”
Ms Goodwin said the Government had legal advice that upheld the validity of any decision or action that has been taken by magistrates and justices to date.
“Existing magistrates, coroners and active bench judges are being correctly sworn in, in accordance with the Act. A swearing in took place earlier today.”
Source: https://www.themercury.com.au/news/tasmania/state-government-rushes-to-fix-legal-glitch-over-judicial-appointments/news-story/ba869bbd25b2eb9f2204e6bad8b79ea2
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