Review of Courts (Remote Participation) Act 2010
Who should make remote participation decisions (Q14,15)
Click on the drop downs to read about the current law, the problem or opportunity and option(s) for change.
Current law
Under the Act, judicial officers (judges, community magistrates and judicial Justices of the Peace) and Registrars can make decisions. Judicial officers have wider powers than Registrars. Judicial officers can make all decisions while Registrars can only make decisions in civil proceedings (including family) and criminal procedural matters.
In practice, we understand that Registrars make decisions on the high volume of applications from counsel seeking to remotely appear in criminal lists. Judicial officers decide all other criminal and all civil applications.
Problem or opportunity
We have identified a gap in the definition of “judicial officer”. The current definition does not include Family Court Associates (a new type of judicial officer). Family Court Associates have the powers of Registrars under the Family Court Act 1980 and can, therefore, already make remote participation decisions. There is a need to update the Act to reflect this change.
Option we are considering
Ensure Family Court Associates are included in the definition of “judicial officer”.
We are not currently considering other adjustments to decision-making powers. However, we note that Registrars’ powers are wider than in some other international jurisdictions. We are interested in your views on this, particularly whether it is causing any issues in practice.