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WEDNESDAY, JULY 28, 1982
UPGRADING OF LANDS TRIBUNAL SUPPORTED
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IT WAS RIGHT THAT STEPS SHOULD BE TAKEN TO UPGRADE THE CONSTITUTION OF THE LANDS TRIBUNAL, AND THIS WAS ONE OF THE MAJOR AIMS OF THE LANDS TRIBUNAL (AMENDMENT) BILL 1982, THE HON J.J. SWAINE, SAID AT THE LEGISLATIVE COUNCIL TODAY.
IN SUPPORTING THE BILL, MR SWAINE EXPLAINED THAT A THREE-TIER SYSTEM WAS PROPOSED, WITH A PRESIDENT WHO WILL BE A SUPREME COURT JUDGE, PRESIDING OFFICERS WHO WILL BE DISTRICT JUDGES, AND MEMBERS WHO WILL BE EITHER LEGALLY QUALIFIED OR WITH RELEVANT EXPERIENCE, SUCH AS IN LAND VALUATION.
+THIS WILL SUPERSEDE THE PRESENT TWO-TIER SYSTEM OF PRESIDENT AND MEMBERS, IN WHICH THE PRESIDENT IS AT DISTRICT COURT LEVEL. APPOINTMENTS UNDER THE NEW SYSTEM WILL BE MADE BY THE GOVERNOR UPON THE ADVICE OF THE JUDICIAL SERVICE COMMISSION.
+THERE IS THUS NO CHANGE FROM THE PRESENT SYSTEM IN WHICH THE PRESIDENT AND MEMBERS ARE APPOINTED IN THE SAME WAY, HE SAID.
MR SWAINE REFERRED TO FEARS EXPRESSED THAT THE SCHEME OF APPOINTMENTS MIGHT BE CONSTRUED AS UNDERMINING THE INDEPENDENCE OF THE JUDICIARY, BUT SAID THE LEGISLATION SCRUTINY GROUP OF UNOFFICIALS HAD NOT BEEN PERSUADED BY THE ARGUMENT.
+WE WOULD PREFER TO REGARD THE PROPOSALS IN THEIR CORRECT PERSPECTIVE, NAMELY AS AN EFFORT TO UPGRADE THE LANDS TRIBUNAL, WITHIN THE PRESENT SYSTEM,+ HE SAID.
THE UNOFFICIALS HAD ALSO RECEIVED VERY USEFUL COMMENTS ON THE MECHANICS OF THE BILL AND HAD ADOPTED TWO OF THE SUGGESTIONS, WITH THE CONCURRENCE OF THE ATTORNEY GENERAL. THESE WERE TO ENABLE PRESIDING OFFICERS, AS WELL AS THE PRESIDENT, TO DETERMINE POINTS OF LAW WHICH MIGHT BE REFERRED TO THEM BY A LAY MEMBER OF THE TRIBUNAL, AND TO PROVIDE THAT THE TRIBUNAL MIGHT REVIEW ITS OWN DECISIONS, BOTH AS TO LAW AND FACT, HE SAID.
THE BILL WAS PASSED WITH AMENDMENTS.