Court backlogs delay justice

Question without notice

August 4, 2021

My question is for the Attorney-General and relates to the enormous case backlog facing our court system.

Attorney, as a preface to my question, I cite a media report of July 17 (2021) in the Warrnambool Standard of an alleged offender seeking an adjournment.  This article reported the magistrate suggesting it was a delay tactic by the alleged offender so they didn’t have to stop driving, saying,a nd I quote: “The court doesn’t like being taken as a fool”[i]. A seven-month wait was noted in terms of the next available (court) date and the magistrate noted that it costs about $10,000 to run a one-hour plea hearing. 

Attorney, what public data is available from government that details the number of adjournments granted in our courts, and the associated cost to Victoria, to understand the impact on court backlogs?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Resources) (12:22): I thank Ms Maxwell for her question, and indeed in relation to the numbers of adjournments I am happy to take that on notice. I have had a similar question from Mr Grimley in relation to adjournments. I happened to have on hand the number when he asked me the question, but I do not have that at hand today—but I can confirm that the numbers are low. A lot of adjournments exist in our system for a variety of reasons—the availability of people, the health of people participating. Not all of the adjournments during the last 15 months were connected to the pandemic. In relation to the Warrnambool matter, I cannot comment on the specific nature of that matter, but I am more than happy to get some adjournment figures for you because I have received that data from the court before and I can get an update.

Ms MAXWELL (Northern Victoria) (12:23): Thank you, Attorney; that would be greatly appreciated.

As at July 2020, 80,000 criminal matters had been adjourned due to coronavirus restrictions, and as of April 2021 there were over 132,000 matters pending in the Magistrates Court. The Victorian government provided $23.1 million in December and another $210m from July to reduce court backlogs. But can the Attorney advise the backlog figure now and what systemic changes are being considered in response?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Resources) (12:24): I thank Ms Maxwell for her question and ongoing advocacy and interest in these matters. Thank you for mentioning the $210m funding boost that was made available in the most recent state budget, designed to drive down the court backlogs that are obviously the direct result of restrictions in order to keep Victorians safe from COVID.

The busiest court, obviously, is the Magistrates’ Court, and the court backlog did reduce by about four per cent in May compared to the previous month, representing a reduction of 5700 cases. I would be more than happy to seek the latest figures in relation to what we can obtain from the court.

I can say that I visited the Magistrates’ Court about two weeks ago and had a bit of a tour of the online Magistrates’ Court area, which is going to be a fantastic asset in dealing with cases—not only to deal with backlogs, but ensuring there are less adjournments and the like. It manages to bring people together to ensure that cases can keep going and the wheels of justice— (Time expired)

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