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.
All magistrates, coroners and justices of the peace are currently required to take the judicial oath prescribed by the Promissory Oaths Act 1869 prior to undertaking their duties. The Act provides that the judicial oath is to be tendered by the Clerk of the Executive Council and taken in the presence of the Governor or as the Governor directs by the Chief Justice, a Puisne Judge or the Associate Judge of the Supreme Court.
This requirement is impractical and outdated.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.
Legal doctrine upholds the validity of any decision or action that has been taken by magistrates and justices to date, and will continue to provide protection for a reasonable period of time, to allow action to be taken to correct the anomaly.
Existing magistrates, coroners and active bench judges are being correctly sworn in, in accordance with the Act. A swearing in took place earlier today.
An amendment will be introduced in the next sitting of parliament to update the process for taking the judicial oath to allow the oath to be taken before a magistrate. It will also validate, for the removal of any doubt, current Justice of the Peace appointments.