Attorney-General Guy Barnett considers commission to oversee judiciary

Charges laid against a Supreme Court justice have prompted talk of a new commission to oversee the operation of the state’s court system and the conduct of judicial officers. How it could work.

Supreme Court judge Gregory Geason. Picture: SAM ROSEWARNE.

The state government will consider establishing an independent Judicial Commission to oversee the operation of the state’s court system and the conduct of judicial officers, Attorney-General Guy Barnett said on Thursday.

Mr Barnett said he learned of fresh charges being laid against Supreme Court Justice Gregory Geason on Thursday morning when he was briefed by his Department Secretary — 12 hours after the story appeared on the Mercury’s website.

“My department secretary has confirmed the charges and that advice has been provided to me early this morning,” he said.

“This matter is very important. Justice Gregory Geason has been charged with further offences in New South Wales last year.

Attorney-General Guy Barnett. Tasmanian parliament recalled. Picture: Nikki Davis-Jones

“Justice Geason has provided an undertaking to not sit and to not act as a judge.

“That undertaking has been accepted by the parliament of Tasmania and is on the public record.”

Attempts to hold a commission of inquiry into Justice Geason, or to suspend him by a vote of parliament, were unsuccessful after legal advice they may be unconstitutional.

The Attorney-General said it was becoming apparent that changes were needed to the way the state’s judicial system was run.

“I can also advise that we’ve been working hard on this in my department since late last year and I have already received preliminary advice with respect to the establishment of a Judicial Commission, or something similar, that’s relevant to Tasmania and I’ll have more to say about that. In the not-too-distant future,” he said.

“I’m convinced of the merit of reform in this place, based on the fact that we have an 1857 act of Parliament that we’re relying upon.

“It’s my job as Attorney-General to ensure that that reform is considered very carefully, that it’s relevant to Tasmania, that preserves the reputation that is so important” the reputation of the judiciary, that there is a separation of powers.

“Other jurisdictions on the mainland have similar types of judicial commissions, we have to have something that’s right for Tasmania.”

Independent judicial commissions exist in the ACT, NSW, Victoria, South Australia and the Northern Territory and the federal government is considering establishing a similar body.

The New South Wales Judicial Commission, for example, provides education and training for judges and judges and magistrates in that state, compiles information about sentencing and considers complaints about the ability and behaviour of judicial officers.