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| Madam Speaker, I move that the bill be now read a second time. __________________ Visitors Madam SPEAKER: I acknowledge the students in the gallery. We have Years 5 and 6 from Sadadeen Primary School, together with their Assistant Principal, Ms Wendy Hayes, and teachers, Mrs Heather Lysaght, Ms Lonia Mitchell, Mrs Lauren Barrett, and ISAs, Mr Stephen Theriault and Ms Lynne Bielefeld. On behalf of honourable members, I extend to you a very warm welcome. Members: Hear, Hear! ____________________ Ms LAWRIE (Justice and Attorney General): The purpose of this bill is to amend the Supreme Court Act in order to formalise a practice that has developed within the Supreme Court whereby the master, a registrar, or judges have acted as mediators in civil proceedings, usually at the request of both parties. The Supreme Court Act currently does not specifically provide for the master, a registrar, or judges to act as mediators in Supreme Court proceedings. However, a practice has developed whereby judges have mediated matters, often resulting in a settlement. The use of mediation benefits both the parties to a civil proceeding and the court. Most mediations run for less than a day, which results in considerable savings of time and cost for parties and the courts. Furthermore, even if mediation is unsuccessful, the mediator is often able to mediate elements of a case, resulting in shorter, more efficient trials, and savings of time and costs for both the parties and the court. The bill also amends the Supreme Court Act, so as to ensure judges, a registrar and the master, and those persons participating in mediation, are provided with the same privileges, protection and immunities under the Courts and Administrative Tribunal (Immunities) Act when they are acting as mediators or are involved in a mediation, as is provided to them during civil proceedings in the Supreme Court. The Courts and Administrative Tribunal (Immunities) Act provides that a member of the court, being a person who, either alone or together with others, decides cases brought before the court, incurs no criminal or civil liability for: exercising judicial powers; or, exercising administrative powers assigned to them in their judicial capacity; or, as the holder of a judicial office. The Courts and Administrative Tribunal (Immunities) Act also provides that a person who participates in proceedings before a court or an administrative tribunal as a witness or representative incurs no civil or criminal liability for an honest and temperate statement, or an act in the course of that participation. However, the Courts and Administrative Tribunal (Immunities) Act does not specifically provide such protection in circumstances where proceedings are mediated. The bill, therefore, amends the Supreme Court Act to provide that judges, a registrar or the master, and those persons participating in mediation, are appropriately protected when mediating matters. I commend the bill to honourable members and I table a copy of the explanatory statement. Debate adjourned. |