Courts Administration (Miscellaneous) Amendment Bill

Thursday 23 February 2023

Ms CLANCY (Elder) (16:44): I rise today in support of the Courts Administration (Miscellaneous) Amendment Bill 2022. Constituted by the Courts Administration Act 1993, the Courts Administration Authority, or CAA for short, is a means for the judiciary to control the provision of the administrative facilities and services required of our state courts to carry out their judicial functions. Sitting within the Courts Administration Authority is the Sheriff's Office.

The Sheriff's Office is a statutory office appointed on the recommendation of the Chief Justice of the Supreme Court. The office was first established by the Supreme Court Act 1837, which provided that the court should have ministerial and other officers as might be necessary for the administration of justice in the court, and for the execution of judgements and other orders. Since then, the functions of the office have expanded to include things like administration of the Juries Act 1927, in-court support service, court security service—which I understand the member for Badcoe will be speaking about—prisoner security service, and service and execution of civil and criminal processes.

The Statutory Authorities Review Committee is a standing committee of this parliament established in 1994. The committee comprises five members, all of whom must be members of the other place. The principal function of the committee is to inquire into, consider and report on statutory authorities referred to it. In early 2019, the Statutory Authorities Review Committee began an investigation into the Sheriff's Office. I understand they investigated the employment practices and overall effectiveness of the Sheriff's Office, including management and what systems the office employed to address allegations of workplace bullying, harassment and misconduct.

Our courts best serve our community when they are effective, efficient and accountable, and the amendments outlined in this bill go a long way to achieving this. Before discussing further amendments included in this bill, I would like to thank the Statutory Authorities Review Committee for their work in shining a light on the culture and workplace environment of the Sheriff's Office that was in desperate need of reform.

Many of our colleagues in the other place have reflected in their contributions on the bill on the accounts of bullying, harassment and systemic mistreatment that had been perpetrated over decades. We all have the right to feel safe at work, free from bullying, harassment and intimidation. This bill is just the first step toward providing better protection for workers in the Sheriff's Office.

Much of the content of this bill was proposed by the former Attorney-General, and I would like to thank them for their work, listening to the concerns raised in the committee's report, and to the best of my understanding, fully intending to implement at least some of the committee's recommendations. I also wish to thank the current Attorney-General from the other place for all his work in bringing this bill before us, a bill which goes even further in providing protection for workers in the Sheriff's Office.

The bill before us today differs from that introduced by the former state government in 2021, as I understand the 2021 version provided for up to two non-judicial members of the state courts administration rather than requiring two. There are also some minor differences relating to the appointment of deputies—is anyone else trying to not sing that song about sheriffs and deputies; no, just me?—for the non-judicial members and to clarify the quorum and decision-making requirements.

Ms Stinson interjecting:

Ms CLANCY: I have been advised no singing is allowed. The bill implements three recommendations of the Statutory Authorities Review Committee's report into the Sheriff's Office. These recommendations are as follows: recommendation 4 of the committee's report was to repeal section 21B(4b) of the Courts Administration Act which prohibits the Commissioner for Public Sector Employment from exercising functions under subsections 14(1)(c) and (f) of the Public Sector Act 2009 in respect of the Courts Administration Authority.

These sections of the Public Sector Act enable the commissioner to monitor and report on the observance of public sector principles, code of conduct and employment determinations. They also enable the commissioner to provide advice on, and conduct reviews of, public sector employment or matters of industrial relations. By repealing section 21B(4b) we empower the commissioner to undertake these functions, reassuring staff of the Courts Administration Authority that the commissioner has oversight of employment practices within the authority.

The Statutory Authorities Review Committee noted that recent annual reports of the Courts Administration Authority did not provide adequate information about important aspects of its operation, often lacking detail about workers compensation; occupational health, welfare and safety; as well as training. The committee also noted that there was no report on the work of the Sheriff's Office and an absence of a dedicated section for each division, as had previously been included in annual reports of the former courts services department. As such, the committee's fifth recommendation was to prescribe additional information to be included in the Courts Administration Authority's annual report, including a report from the Sheriff on the operations of the Sheriff and the security officers.

The committee's sixth recommendation was to provide for the appointment of two additional non-judicial members of the State Courts Administration Council who can bring expertise in human resources management, finance or administration to the council. Such an amendment would provide greater experience outside of law and is a fitting way to bring a diversity of qualified views to the State Courts Administration Council.

As I understand, the remaining recommendations of the Statutory Authorities Review Committee were either not accepted by the previous state government or did not require legislative change to be achieved. The recommendations included in this bill will enhance oversight, reporting requirements and decision-making. They go a long way to ensuring that workers in the Sheriff's Office can do their jobs in a safe and respectful workplace, a right that should be afforded to every worker in South Australia and, indeed, across the world. I commend this bill to the house.