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1
Civil Justice Reform Amendment
CIVIL JUSTICE REFORM AMENDMENT
BILL 2000
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objective of the legislation is to repeal all but one of the items that
have not yet commenced in schedule 1 of the Civil Justice Reform Act 1998.
Schedule 1 amends the Small Claims Tribunals Act 1973.
Reasons for the objectives and how they will be achieved
The Civil Justice Reform Act 1998 dealt with a number of different
aspects of the civil justice system in Queensland. The Act provided the
necessary basis for the making of uniform court rules for the conduct of
civil proceedings in the Supreme, District and Magistrates Courts, and made
changes to the law regulating the relationship between solicitors and their
clients in relation to fees and costs. In schedule 1, it also dealt with small
claims tribunals. Those reforms included the creation of a single Small
Claims Tribunal, with a tenancy and general division. Provision was also
made for the appointment of a magistrate to a new position called Tenancy
Claims Administrator, to be responsible for the tenancy division. Other
procedural reforms included a new avenue of review to the District Court
and the creation of a new tribunal central registry at Brisbane. The legislative
provisions affecting small claims tribunals were to commence on a date to
be fixed by proclamation.
The Civil Justice Reform Act 1998 model for small claims was a
response to concerns about the operation of small claims tribunals,
especially in relation to their residential tenancies jurisdiction. However, the
legislative model set out in that Act is now no longer necessary to meet
those concerns. This is a result of administrative improvements that have
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Civil Justice Reform Amendment
since been pursued to deal with these problems. It is now necessary to
repeal that superseded model before it automatically commences on 2 May
2000.
Owing to potential financial and logistical problems that were identified
after the passage of the legislative model in the Civil Justice Reform Act
1998, other improvements to the way in which tenancy disputes are
resolved were explored by the Chief Stipendiary Magistrate, Department of
Justice and Attorney-General and the Residential Tenancies Authority. As a
result, some of the steps pursued by agencies have included:
· discussions with the Chief Stipendiary Magistrate and some
tribunal referees on practice and access issues;
· the provision of information about residential tenancies issues to
referees;
· the development of information resources to assist parties to
better prepare for tribunal hearings;
· a client satisfaction survey of tribunal clients;
· the identification of strategies to improve the efficient processing
of tribunal applications; and
· work to establish a computer data link between the Residential
Tenancies Authority and small claims tribunal registries.
Industry and consumer representatives have been regularly advised of
these steps through the Residential Tenancies Authority's Industry
Development Forums.
Two provisions in schedule 1 of the Civil Justice Reform Act 1998 have
already commenced. These are items 20 and 22, which relate to the records
of small claims tribunals. Both amend section 14 of the Small Claims
Tribunals Act 1973. Item 20 amended section 14(2) to include as records of
small claims tribunals other documents filed in registries in relation to
claims. Item 22 amended section 14(3) and provides that the records of
small claims tribunals shall also be open for inspection by the chief
executive officer of the Residential Tenancies Authority and the Minister.
These changes also permit the data link referred to above, by allowing
agencies to share information held by tribunal registries. The automatic
commencement of all other provisions was postponed by the Civil Justice
Reform (Postponement of Automatic Commencement) Regulation 1999.
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Civil Justice Reform Amendment
Item 6 of schedule 1 of the Civil Justice Reform Act 1998 will not be
repealed by this Bill. It will automatically commence on 2 May 2000. That
provision increases the jurisdictional limit of the tribunal from $5 000 to $7
500. The change, which was not otherwise related to the model then
proposed for the tribunal, is in line with the limit of the new minor debt
claims jurisdiction of the Magistrates Courts, which is also $7 500 and was
part of the Uniform Civil Procedure Rules 1999 reforms, also contained in
the Civil Justice Reform Act 1998.
Administrative cost to Government of implementation
There will be no additional administrative cost to Government as a result
of the repeals that would be effected by this Bill. Instead, by not pursuing
the extensive changes to the small claims jurisdiction contained in schedule
1 of the Civil Justice Reform Act 1998, there will be savings. For example,
the position of Tenancy Claims Administrator will not come into existence.
Fundamental legislative principles
The Bill does not breach any fundamental legislative principles.
Consultation
Consultation has occurred with the Chief Stipendiary Magistrate,
Residential Tenancies Authority, Department of Equity and Fair Trading,
Department of Families, Youth and Community Care and Department of
Housing. In addition, the administrative improvements which are now
being pursued instead of the legislative reforms in schedule 1, have been
regularly discussed with relevant interested parties at Industry Development
Forums conducted by the Residential Tenancies Authority.
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Civil Justice Reform Amendment
NOTES ON PROVISIONS
Short Title
Clause 1 sets out the short title of the Act.
Act amended
Clause 2 states that this Act amends the Civil Justice Reform Act 1998.
Amendment of sch 1 (Amendments of Small Claims Tribunals Act
1973)
Clause 3 omits items 1 to 5, 7 to 19, 21 and 23 to 99 in schedule 1 of the
Civil Justice Reform Act 1998, which would have amended the Small
Claims Tribunals Act 1973. Only items 20 and 22 in schedule 1 have
commenced. Item 6, which is not being repealed, will be left to commence
on 2 May 2000. All other items will be repealed.
© The State of Queensland 2000