Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023 (SA)

South Australia

Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023

An Act to amend the Judicial Conduct Commissioner Act 2015 and the Youth Court Act 1993.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

Part 2Amendment of Judicial Conduct Commissioner Act 20153Amendment of section 11 – Delegation

Section 11—after subsection (3) insert:

1. (4)

   For the purposes of section 17(1)(c)(ii) of the Public Sector (Honesty and Accountability) Act 1995, delegation by the Commissioner of a function or power under this section because of a pecuniary or other personal interest that conflicts or may conflict with the Commissioner's duties does not constitute taking action in relation to the matter the subject of the delegation.

4Amendment of section 12 – Making of complaints

Section 12(2)—delete subsection (2) and substitute:

1. (2)

   A person who is subject to an order of the Supreme Court (whether under section 39 of the Supreme Court Act 1935 or the inherent jurisdiction of the Court) prohibiting the person from instituting proceedings (or proceedings of a particular class) may not make a complaint under this Act.

Part 3Amendment of Youth Court Act 1993

5Amendment of section 10 – Court's principal judicial officer

Section 10—after subsection (7) insert:

1. (7a)

   The Judge of the Court may, by instrument in writing, delegate a judicial function conferred on the Judge of the Court under this Act or another Act to a Judge of the District Court (including a person appointed under the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to act in the office of Judge of the District Court on an auxiliary basis).

2. (7b)

   A delegation under subsection (7a)—

   1. (a)

      is revocable at will; and

   2. (b)

      does not derogate from the power of the Judge of the Court to act in any matter.

3. (7c)

   To avoid doubt, delegation of a judicial function under subsection (7a) to a Judge does not result in the Judge being a member of the Court's principal judiciary.