Magistrate says no to Broken Hill’s housing offer

Broken Hill has no resident magistrate because the man appointed to the job rejected the “substandard’’ house provided.

Far West Law Society President Rachel Storey outside the Magistrates residence in Broken Hill. Picture: Pennie Hall.

Residents in the far-western NSW mining city of Broken Hill have been left without a resident magistrate because the man ­appointed to the role rejected the “substandard” house provided by taxpayers and “no suitable alternative accommodation” was available to rent.

Instead, Chief Magistrate Graeme Henson proposed filling the role on a fly-in, fly-out basis from Sydney, prompting outrage from the mayor, lawyers and ­Aboriginal elders, who say a ­locally based judicial officer is critical in such an isolated town.

In a letter to legal bodies on March 14, Mr Henson said the house designated for the magistrate had fallen into “such a state of disrepair” it was “considered unsuitable for habitation”.

“The magistrate who was to be appointed to the circuit has ­re­­jected the premises because of the state of disrepair,” he wrote. “I agree with his decision.”

Well-respected magistrate Geoff Dunlevy, who presided over the Broken Hill local court for more than 10 years and also serviced the towns of Wilcannia and Wentworth, had been living in the home with his family.

Mr Dunlevy left in December because his wife became ill, and was due to have been replaced this month by Brett Shields.

Mr Shields was a Sydney-based commercial barrister for 22 years, acting at one time for disgraced union boss Kathy Jackson, before his appointment to the bench last year.

Fellow magistrate Roger Prowse, who was strongly criticised by the NSW Supreme Court two years ago for wrongly ­accusing police of contempt of court, had been filling in, but is understood to have left about a week ago. Another magistrate, Roger Clisdell, who once told The Australian some Aboriginal children in outback NSW were deliberately committing crimes so they could be sent to jail to escape domestic violence, is presiding over the court this week.

In his letter, Mr Henson said he was not prepared to direct a magistrate to live in “substandard accommodation” and had been informed there was “no suitable alternative accommodation available for lease”.

Repairs to the government-owned house would cost at least $95,000 and take significant time, with no guarantee the home would be suitable in the long term. This made a full-time appointment “problematic”, he said.

Mr Henson said the NSW Local Court was “not blessed with an abundance of resources”. It had excessive caseloads elsewhere in the state and did not have enough magistrates.

“With these twin considerations in mind I have come to the preliminary view the most appropriate choice is to send a magistrate from Sydney to Broken Hill each fortnight, effectively reducing sittings by one week each month,” he said.

A NSW Department of Justice spokeswoman yesterday said there was “no plan to abolish the magistrate’s position at Broken Hill”. The department would buy another house but this might take “several months”. Once this happened, a permanent magistrate would be appointed.

Far West Law Society president Rachel Storey said it was ­“insulting” to suggest there were no suitable houses for rent in ­Broken Hill. She said the local court dealt with some of the state’s most disadvantaged residents and had very full lists.

A permanent magistrate was needed who understood the local issues: isolation, a lack of services, an ice epidemic and domestic ­violence.

Opposition justice spokesman Paul Lynch said Broken Hill “very definitely” needed its own magistrate.

Broken Hill City Council Mayor Darriea Turley said locals were “outraged” at the idea of a “fly-in, fly-out magistrate”.

Aboriginal Legal Service (NSW/ACT) chief executive Les Turner said the present situation was likely to cause significant disadvantage to Aboriginal clients.