18 December 2024
LCWA Commits $10m to Streamlining Our Courts
The Legalise Cannabis WA Party this week committed to a $10m investment in our judicial system, to establish and run a diploma-level course which will train Justices of the Peace to a sufficient level to confidently allow them to resume their roles as substitutes for magistrates in minor cases.
LCWA’s parliamentary leader, Hon. Dr Brian Walker MLC, explained to a recent meeting of the Australian Lawyer’s Alliance the party’s belief that Labor had taken the easy road, rather than following best practice, when it effectively banned all JPs from sitting in the Magistrates Court early in the McGowan
government’s term in office.
“The Coroner’s recommendation, handed down after the tragic case of Mr Ward’s death in custody in 2008, was not that JPs be removed from the bench, but rather that they be removed until such time as they had received sufficient training in their duties and responsibilities when constituting a court, and
had successfully completed assessments after such training,” Dr Walker noted.*
“With the government’s backing, the Chief Magistrate translated that into a 2020 practice direction which took three steps backwards, effectively banning JPs from presiding under any circumstances, a change which has not yet been reflected in law.”
Meanwhile, the current Chief Judge in the District Court has conceded that there is what she describes as a “workload crisis” across the WA court system, with the government’s own figures showing that the median time taken between a case being introduced onto the court billet and a sentence being handed
down has ballooned out to a staggering twenty-three weeks.**
“LCWA recognises the invaluable role that ordinary people can play within our justice system,” Dr Walker explained. “That’s why we are proposing to follow the Coroner’s advice, by establishing a new, diploma level course of Justices of the Peace, allowing successful JPs who wish to do so to return to the bench in
minor cases. This in turn will reduce the workload on our magistrates, reduce court costs, and lead to a quicker turnaround in terms of outcomes. It really is a win, win proposal.”
It is envisaged that the resultant course would be run through TAFE (who currently provide introductory level JP training), and would be optional, allowing current serving JPs to decide if the enhanced role is suitable in their own particular circumstances.
“We currently have a professional legal system that operates as a closed shop, and it is our hope that this re-establishment of the role that JPs played for so long in matters appearing before the old Court of Petty Session, will begin to open the system up once again, and provide better, swifter and more
balanced justice for all,” Dr Walker concluded.
The $10m funding commitments comes as part of the Legalise Cannabis WA Party’s larger economic plan, which would see an additional $1.25b in revenue accruing to the Treasury over the course of each four-year parliamentary term.
This $10m commitment is in addition to the $11m committed earlier this week to establish and run a fully functional Judicial Commission here in WA.
ENDS
* Coroners Act 1996 Record of Investigation into Death, Ref: 9/09 (delivered 12 June 2009)
** District Court of Western Australia, Annual Review 2021, p. 1.