Legislation for a judicial commission was ‘advanced’ a year ago, but now Roger Cook doesn’t sound so sure

The Premier has been accused of back-tracking on his promise to establish a judicial watchdog, after he confirmed there’s no timeline for legislation. A judicial commission to provide independent oversight and handle judicial complaints was first promised by Labor in 2016. In December 2024 Roger Cook said the drafting of legislation was “advanced” and that it would be introduced “as soon as possible” after last year’s election. But on Monday, he couldn’t say when that will happen. “I certainly support the principle of a judicial commission. I think it’s an important opportunity to continue to support our judges, our whole legal system. We don’t have a timeline in relation to that,” Mr Cook said. The Opposition called the language shift “exasperating”. “That is not progress. That is back-tracking,” Shadow Attorney-General Nick Goiran said. “If the drafting was truly advanced in December 2024, the question is obvious: what has happened since or did the Premier lie before the election? “Meanwhile, Western Australians still have no independent body to deal with complaints about judges and magistrates, and the Attorney General has been unable to tell Parliament how many complaints are being made, let alone commit to finding out.” High profile criminal defence lawyer Tom Percy KC called the need for a Judicial Commission “extreme” and couldn’t understand the hold-up. “We’ve been promised one for some years,” he said. “Other states have them. There’s no excuse for us not to have one, it is not a difficult piece of legislation. “If it had any priority at all, it would already been enacted. It is obvious that the Government places no priority on this at all.” Attorney-General Tony Buti last week insisted a Judicial Commission remains a Government priority, after a 20 per cent increase in family and domestic violence offenders in 2024-25 fuelled questions about sentencing and bail decisions. Mr Buti also couldn’t set a deadline. “Judicial Commission legislation is being drafted as a matter of priority to investigate complaints against magistrates and judges,” he said. “It’s crucial their conduct is consistent with public expectation, and I am working with my department to bring legislation to the Parliament for its consideration.” Mr Percy also questioned the phased approach for laws to criminalise coercive control, with the Cook Government only promising to introduce that legislation in this term of Government or by 2029. “Other states have had them for some years, they’ve been operative around Australia,” he said. “The inability of Mr Cook’s Government to get this kind of legislation happening as a priority is inexcusable.” A report by the Commissioner for Victims of Crime in 2023 recommended system reform precede the creation of a stand-alone offence of coercive control. The latest phase of WA’s $5 million ‘Coercion Hurts’ awareness campaign was launched in October last year.