Federal Magistrates a "waste of money"

State Attorney-General, Jan Wade, believes there is no need for the Commonwealth to establish a separate federal magistracy when there were capable State and Territory magistrates already exercising significant federal jurisdiction including family law.

"In my correspondence with Mr Williams, I suggested the existing infrastructure of the Magistrates' Court of Victoria had much to offer in exercising an expanded family law jurisdiction or jurisdiction over minor cases relating to trade practices, bankruptcy, tax and corporations matters that are presently heard by judges or judicial registrars.

"Victorian Magistrates' Court already exercises significant federal jurisdiction dealing with offences under Commonwealth law, prosecutions brought by Federal agencies (under both State and federal law), civil jurisdiction where the Commonwealth is a litigant, and family law litigation," Mrs Wade said.

Mrs Wade said it did not appear  that the viability of using existing State and Territory magistrates has been fully explored, nor had it been costed against the suggested cost of $20m proposal. Delivering an effective service to rural and regional areas without State and Territory magistrates has also not been addressed.

Mrs Wade said the Magistrate's Court was a cornerstone of State and Territory judicial system, providing a readily accessible forum throughout the country able to quickly and efficiently determine matters brought before it.

"A federal magistracy was an unnecessary duplication of existing services and waste of resources which would be better channelled into providing additional funds for legal aid."

(News Release, Office of the Attorney-General, October 28, 1998)