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Canberra Today 25°/29° | Friday, March 29, 2024 | Digital Edition | Crossword & Sudoku

Court reforms replace the Master with an Associate Judge

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SIMON Corbell says he is introducing new legislation intended to improve courts efficiency.

“The changes in the Courts Legislation Amendment Bill are part of the government’s ongoing commitment to improving access to justice for members of our community,” Simon said.

One of the amendments will make pre-trial orders binding on the judge unless, in their opinion, it is not in the interests of justice.

“Both prosecution and defence will be required to disclose early in the trial expert evidence that will be relied upon in the proceedings.

“This prevents delays during the trial process by ensuring that both parties are prepared to respond to each other’s expert evidence in a fair and timely manner.

The title of the Master of the Supreme Court will be changed to Associate Judge to provide for contemporary language and recognise the expansive civil jurisdiction of the role.

“In addition, appeals from pre-hearing orders made by the Associate Judge will now be heard by the Court of Appeal rather than a single judge to highlight the authority of the Associate Judge.

Under new powers the coroner will be able to establish a coronial investigation scene, and issue coronial investigation orders, which give police extra powers to collect and preserve evidence at the scene.

“This will apply when no obvious crime has been committed and police investigation powers under the Crimes Act are unavailable.

Other amendments in the Bill :

  • Abolish the position of President of the Court of Appeal.
  • Clarify the basis on which proceedings can be transferred to the Magistrates Court from the Supreme Court.
  • Remove the requirement to use a religious text to take an oath.
  • Simplify the requirements for reporting fires to the Coroner’s Court.
  • Clarify the types of death that a coroner is required to investigate.

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Thank you,

Ian Meikle, editor

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