Magistrates’ Court of Victoria

2015 2016 30 September 2016

The Honourable Linda Dessau AM, Governor of Victoria

Government House

Melbourne Vic 3004

Dear Governor,

On behalf of the Council of Magistrates, I present the Magistrates’ Court Annual Report for the year 1 July 2015 to 30 June 2016 pursuant to section 15(3) of the Magistrates’ Court Act 1989.

Yours sincerely

PETER LAURITSEN Chief Magistrate The Magistrates’ Court of Victoria (the Court) is an innovative, accessible and responsive court that provides quality service to the Victorian community. The Court sits at 51 metropolitan and regional locations and is comprised of 103 magistrates, 16 reserve magistrates, 10 judicial registrars, 614 staff and 85 elders and respected persons.

CONTENTS

2 ORGANISATIONAL STRUCTURE 47 SPECIALIST COURTS AND SERVICES 3 THE YEAR AT A GLANCE 48 COURT SUPPORT AND DIVERSION 4 MESSAGE FROM THE CHIEF SERVICES MAGISTRATE 53 ASSESSMENT AND REFERRAL COURT LIST 6 MESSAGE FROM THE CHIEF EXECUTIVE OFFICER 55 COURT INTERGRATED SERVICES PROGRAM AND KOORI LIAISON 9 ABOUT THE MAGISTRATES’ OFFICER PROGRAM COURT 56 COURT ADVICE AND SUPPORT OFFICER 10 THE JUDICIARY 57 CREDIT/BAIL SUPPORT PROGRAM 11 COMMITTEES 58 CRIMINAL JUSTICE DIVERSION 22 THE COURT’S SERVICES PROGRAM AND ENFORCEMENT REVIEW PROGRAM 25 COURT OPERATIONS 61 DRUG COURT 26 CIVIL JURISDICTION SUMMARY 63 FAMILY VIOLENCE AND PERSONAL 27 COORDINATION SUMMARY SAFETY INTERVENTION ORDERS 28 JUDICIAL REGISTRARS 68 KOORI COURT 29 THE LAW LIBRARY OF VICTORIA 70 NEIGHBOURHOOD JUSTICE CENTRE 29 LEGISLATIVE REFORM 72 STATISTICS AND FINANCIALS 31 MAKING A DIFFERENCE 73 FINANCIAL STATEMENT 32 COMMUNICATION AND MEDIA 74 CRIMINAL SUMMARY 33 STATEWIDE PERSPECTIVE 79 CIVIL SUMMARY 34 BARWON SOUTH WEST 82 INTERVENTION ORDER SUMMARY 35 BROADMEADOWS 85 FURTHER INFORMATION 36 DANDENONG 86 JUDICIAL OFFICERS 37 FRANKSTON 88 LIST OF VENUES AND CONTACT 38 GIPPSLAND DETAILS 39 GRAMPIANS 40 HEIDELBERG 41 HUME 42 LODDON MALLEE 43 MELBOURNE 44 RINGWOOD 45 SUNSHINE ORGANISATIONAL STRUCTURE

Mr Peter Lauritsen CHIEF MAGISTRATE

DEPUTY CHIEF MAGISTRATES

Mr Robert Kumar Mr Barry Braun Ms Felicity Broughton (until 17 November 2015) Mr Andrew Tenni CHIEF EXECUTIVE Mr Dan Muling Mr Lance Martin Ms Jelena Popovic OFFICER (until 22 December 2015)

SUPERVISING MAGISTRATES Ms Simone Shields Mr Barry Braun Mr Charlie Rozencwajg Mr Anthony Parsons PRINCIPAL REGISTRAR CIVIL CRIMINAL DRUG COURT & MANAGER METROPOLITAN COURTS Ms Felicity Broughton Ms Jelena Popovic Ms Belinda Wallington Ms Kate Hawkins KOORI COURT AND SEX OFFENCES FAMILY VIOLENCE COURT SUPPORT AND LIST Mr Keith Turner AND FAMILY LAW DIVERSION SERVICES MANAGER REGIONAL COURTS

Mr Andrew Capell Ms Johanna Metcalf Mr Rob Challis VOCAT MANAGER SPECIALIST COURTS & COURTS SUPPORT SERVICES STATE COORDINATING MAGISTRATE AND REGIONAL COORDINATING MAGISTRATES Ms Simone Richardson MANAGER CORPORATE Mr Robert Kumar Mr Franz Holzer SERVICES Mr Ronald Saines (until 17 November 2015) STATE BARWON SOUTH Mr Patrick Southey COORDINATING WEST (from 18 November 2015) MAGISTRATE BROADMEADOWS Ms Sharon McAnelly MANAGER ICT SYSTEMS

Mr Jack Vandersteen Mr Paul Smith Ms Fiona Hayes DANDENONG FRANKSTON GIPPSLAND Mr Iain McKinnon MANAGER PEOPLE & ORGANISATIONAL DEVELOPMENT

Ms Cynthia Toose Ms Susan Wakeling Ms Stella Stuthbridge GRAMPIANS HEIDELBERG HUME Mr Brett Cain STATE COORDINATING REGISTRAR

Mr David Fanning Mr Richard Wright Mr Nunzio La Rosa NEIGHBOURHOOD Mr Joseph Walker LODDON MALLEE RINGWOOD JUSTICE CENTRE MANAGER CEO’s OFFICE

Ms Kerry Walker Ms Noreen Toohey DIRECTOR SUNSHINE NEIGHBOURHOOD JUSTICE CENTRE

2 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 THE YEAR AT A GLANCE

INTERVENTION ORDER APPLICATIONS RECEIVED BY AFTER HOURS SERVICE CRIMINAL MATTERS CIVIL FINALISED DEFENCES FILED 10,681 7, 240 199,960

INTERVENTION TOTAL CIVIL ORDER CLAIMS FINALISED APPLICATIONS (INCLUDING DEFAULT FINALISED ORDERS) (INCLUDING INTERIM ORDERS) 46,231 CRIMINAL CASES FINALISED WITHIN SIX 74,551 MONTHS 84.3%

DEFENDED CIVIL CLAIMS FINALISED WITHIN 6 MONTHS

TOTAL TOTAL CRIMINAL 79.9% INTERVENTION LISTINGS ORDER HEARINGS 683,709 122,909

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 3 MESSAGE FROM THE CHIEF MAGISTRATE

With pleasure, I present the Annual Report of the Magistrates’ Court of Victoria for the year ending 30 June 2016.

Heidelberg In 2015–16, about 6,700 males were The disturbance at the Metropolitan remanded in custody. This was 2,900 Remand Centre in July 2015 reduced In my message last year, I spoke more than 2013–14, an increase of its capacity to hold persons on of the closure of the Heidelberg 77 per cent in two years. At present, remand dramatically. It has not Courthouse and the transfer of there are almost 2,000 persons on reached its former capacity yet. its work to other venues of the remand or about 30 per cent of the However, Corrections Victoria has Magistrates’ Court and Children’s prison population. increased the remand capacity Court. After a long closure, on 25 of other prisons. This process As I said last year, the long-term July 2016, the Courthouse re- continues. I hope that my message answer lies in technology. In the opened. Given the population of for next year will say that the 2015–16 State Budget, monies the area covered by the Heidelberg problem has been solved. Courthouse is nearly the same as became available to expand the the combined population of the Court’s audio visual capacity by Family Violence Northern Territory and the Australian installing an internet-based system Capital Territory, one realises the alongside the existing telephone On 29 March 2016, the Royal significance of the transfer of work based system. By July 2017, the 151 Commission into Family Violence and the remarkable efforts of all new units will be installed statewide. (the Commission) delivered its involved in making it work so At the same time, Corrections report. The Commission made 227 smoothly. Victoria are installing 79 new units in recommendations, many of which its prisons. affected the Court and the Children’s Court directly or indirectly. For Non-production of Persons in Parliament enacted the Justice this message, I will speak briefly Custody Legislation (Evidence and other Acts) about recommendation 60, which Amendment Act 2016. Broadly, this Last year, I thought the temporary envisages the expansion of the Act creates a presumption in favour measures had almost solved this elements of the Family Violence of audio visual links in relation to issue. Unfortunately, I was wrong. Court Division to the headquarter most court appearances by an The issue persists. In recent times, courts in the other 10 regions of accused person. This Act should it has become significant despite the Court and to two other venues. commence on 12 September 2016, a rapid increase this year in the This is a significant undertaking. after which I expect a significant number of audio visual links ordered Since 29 March, both Courts have increase in the use of audio visual by magistrates. The issue must be spent a lot of time planning for the links. seen in context. implementation of this and the other recommendations.

4 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MESSAGE FROM THE CHIEF MAGISTRATE

The fast tracking of criminal This is an important initiative. At the Court’s IT capabilities. For proceedings arising out of family present, almost all of the Court’s example, in the discussion leading violence incidents continues. In regional venues have little or no to recommendation 63, it urged the my report last year, the process security. This position will change in setting up of a “user-friendly, reliable, operated at Dandenong alone. Since each of the respects set out. integrated IT platform for use by then, the process has expanded Victorian courts”. The Court will to Broadmeadows, Shepparton, Drug Court Expansion work with government to respond Ballarat, Ringwood, Frankston and properly to the recommendations. Moorabbin. It will start at Bendigo Again in the recent State Budget, and Geelong on 1 September. monies will be provided for the Acknowledgment expansion of the Drug Court to Safety and Security Melbourne. At present, the Drug I thank my judicial colleagues, the Court operates at Dandenong. The Chief Executive Officer, registrars In the recent State Budget, monies Melbourne expansion will create and staff for their efforts in coping were set aside: a court more than twice the size with the various issues which beset of Dandenong. In combination, the Court. Without their efforts, the (a) To employ extra security officers these Drug Courts should have a Court could not run as smoothly as so that whenever a court or significant impact on those offenders it does. tribunal sits in the state there will with serious drug habits who are be a security presence. Finally, on 31 May 2016, Ian Gray committing serious offences. They retired as a judge of the County (b) Obtain extra x-ray machines, will rehabilitate many who would Court. He had earlier retired as State portable walk-through metal otherwise spend long periods Coroner. Mr Gray was the longest detectors and hand held in prison. The benefits to the serving Chief Magistrate of this Court screening wands so that community are obvious. or any of its predecessors. He served electronic security is present the Court with distinction. whenever a court or tribunal sits. Courtlink (c) Significant building improvements Last year, I spoke about the to 15 venues of the Court Court’s case management system and to the Children’s Court at (Courtlink). The Commission also Melbourne. These improvements looked at it. In a number of parts will include separate waiting areas of its Report, the Commission Peter Lauritsen for applicants and respondents noted Courtlink’s inadequacies. Chief Magistrate in applications for family violence The Report also made a number of intervention orders. recommendations to strengthen

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 5 MESSAGE FROM THE CHIEF EXECUTIVE OFFICER

2015–16 has been an unprecedented year for the Court. Two Royal Commissions, record numbers of hearings, major events with our buildings and a major organisational review have all contributed to a big agenda.

At the same time, the Court has continued to pursue and deliver initiatives aimed at continually improving what we do and the way we do it.

Case Demand were 100,771 infringement cases represents a 90 per cent increase initiated. In 2015–16, it is reported in the number of bail applications During the reporting period, case that only 14,922 infringements were heard over the past five years. The demand on the Court continued to initiated. This reflects the change complex nature of these applications grow. in approach to moving from a case means they often require Family violence continued to based count of infringement matters considerable time and resources to increase. In terms of caseload, there to a person based count. complete, placing further pressures on the Court. were 74,551 family violence and This change has had an impact on personal safety matters heard by the the overall numbers of criminal In terms of the civil jurisdiction, the Court in 2015–16, an overall increase initiations and finalisations. In number of cases finalised for the of 3 per cent on last year. This has 2014–15, the Court initiated 247,025 year was 46,231, a decrease of 9 per meant a 27 per cent increase since cases. In 2015–16, 160,942 cases cent again in 2015–16. 2011–12. In finalising those cases, were reported as being initiated. With the overall increase in caseload, there were 122,909 listings of family This appears to be a reduction in the Court has continued to work on violence matters before the Court. initiations for the Court. However the improvements to the management reduction directly correlates with the In the criminal jurisdiction, almost of functions performed and the changes to infringement revocation 200,000 cases were finalised in services provided. 2015–16. This appears to be a initiation. If the counting rules for decrease on last year. However, this 2014–15 were applied to 2015–16, Facilities actually reflects a change in the way the number of finalisations would that matters are being dealt with have been 281,053, which would Throughout 2015–16, work by the Court. During 2015–16, the have been a two per cent increase continued on the reconstruction Court introduced a change relating on 2014–15. of the building at Heidelberg. to infringement matters and how The number of criminal applications In the meantime, matters were they are initiated by the Court. In dealt with also continues to increase dispersed between Broadmeadows, the past, each infringement was with 94,177 applications finalised, Melbourne and Ringwood. The initiated as one case. To manage a 17 per cent increase from last bulk of the workload was dealt cases more efficiently, matters are year. The biggest increase in this with at Melbourne, which put even now being initiated by person. In area again has been in the number greater pressure on the Melbourne many instances, a person may have of applications for bail with 51,803 Magistrates’ Court. multiple infringement matters that applications heard (including Also in 2015–16, two buildings were are consolidated and heard together applications to vary and revoke closed down as a result of being from the point of initiation. bail), an increase of 18 per cent on extensively damaged by fire. The In 2014–15, it is reported that there last year. More significantly, this Drug Courthouse in Dandenong

6 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MESSAGE FROM THE CHIEF EXECUTIVE OFFICER

was completely burnt down and a 1. To identify the funding gap Current Initiatives fire in the main part of the Cobram emerging between available Courthouse caused major damage funding and funding required to In response to this overall reform and the closing of the facility shortly support levels of service required agenda, a number of initiatives have after. In both instances, interim by the Court. already commenced. arrangements were put in place to 2. To explore the structures • In November 2015, ‘CaseTrack’ ensure operations continued in the and resources necessary to was launched to enable accused best possible manner. Reinstatement modernise the Court’s processes persons, practitioners and work continues and these locations and operations. victims to register and follow will be re-opened as soon as cases and to receive electronic possible. A final report was provided to notifications of hearings dates the Court in November 2015 and In Shepparton, progress on the via email and SMS. outlined 12 recommendations. development of the new facility • In June 2016, online notifications has progressed well. To enable Both processes outlined commenced with hearing dates construction to take place on the recommendations designed to and notifications being delivered site, Magistrates’ and Children’s deliver a modern and responsive to accused persons via email Court matters have been moved to Magistrates’ Court. In very broad and/or SMS through the ’Case the old 1937 building and County terms, the modern court will deliver: Track’ program, eliminating the Court trials have been relocated to • A new service delivery model: printing of notifications in paper Wangaratta. This has caused some Providing online channels for form and posting them out. inconvenience for those involved but various case flow steps and the final product will be well worth it. • A business services project has allowing transactional matters been established to a) look at Reform in the Magistrates’ to be processed online from small ‘immediate’ opportunities Court end-to-end. Case management to put functions online (i.e. to be facilitated early and often relicense applications, sending During 2015–16, there were two for parties and support provided documents that are currently significant processes that together to all court users with complex faxed), b)‘medium’ term form the foundation from which the needs, regardless of where they approaches that can be done Court is set to embark on a major live in Victoria. online (i.e. filing of documents), reform program. • A focus on better and fit-for- c) ‘long’ term approach – The first was the Royal Commission purpose facilities: Buildings to be complete processes to be into Family Violence (the upgraded to ensure facilities are facilitated online (i.e. civil cases, Commission). As mentioned by the state-of-the-art, fit-for-purpose municipal prosecutions and Chief Magistrate, the Commission and safe. The use of video summary prosecutions). delivered its final report in conferencing is to be maximised • B-Pay capabilities fully March 2016. In all, there were for custodial listings as well implemented to facilitate the 227 recommendations made to as other matters wherever online payment of fines. strengthen government’s response appropriate to improve to incidents of family violence. In efficiency and safety. • The use of video conferencing reviewing the report, there are a has been expanded to: • A high-performing workforce number of recommendations that » transitioned to a new service » Facilitate the appearance of either directly or indirectly impact on delivery model: Registry staff to accused and informants from the Court. police stations to the Weekend be freed up by the automation Remand Court. The second was an organisational of manual tasks, with many roles review undertaken by Boston redeployed to deliver higher »» Enabling the capability for Consulting Group. The review was value work in case management, practitioners to conference commissioned by the Court and had judicial support and specialist with clients and the Court two main objectives: services. via software based video

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 7 MESSAGE FROM THE CHIEF EXECUTIVE OFFICER

conferencing via their own • The development of the Court the roll out of the safety and security device. Strategic Asset Plan with the initiatives as funded. Assets and Security Branch »» Enable applicants in high risk All this planning will be consolidated within Jurisdictional Services that family violence matters to into an extensive work plan that will outlines the capital priorities for appear in court from a secure ostensibly form the basis of a wider courts in providing safe, fit-for- location. reform program of works for the purpose facilities. Court. »» Conducting assessments for • Planning for building works the Court Integrated Services So the next year will be another year funded through other Program and Community of major change for the Court. strengthening responses to Correction Orders. family violence initiatives Acknowledgements • Automating the transfer of has commenced for courts family violence information from including Geelong, Latrobe Once again, I would like to the Court directly into Victoria Valley, Horsham, Ringwood and acknowledge and thank our Police systems. Sunshine. talented and dedicated staff, who continue to provide quality services • Expanding the trial of the • A shared facilities management in challenging circumstances. The online family violence service model has been efforts of our staff are fundamental intervention order application developed and implemented to the Court being able to operate to form, developed at the between the Court and the Asset the high standards that it does. Neighbourhood Justice Centre, and Property Management to the courts at Warrnambool branch. I would also like to thank the Chief and Ringwood. • A Training and Development Magistrate, the wider magistracy and judicial registrars for all the support • An additional 13 Court Strategy has been developed for that they have provided to myself Integrated Services Program Court staff. and the staff of the Court. staff have been rolled out to 10 locations as part of previous Future Initiatives family violence funding. As outlined by the Chief Magistrate, • Work commenced on the planning has commenced to development of a ‘problem inform the Court’s response to solving court’ model for accused the recommendations to the needing ‘tailored’ levels of Commission. Planning is also management. underway in relation to delivering Andrew Tenni the expansion of the Drug Court and Chief Executive Officer

8 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

ABOUT THE MAGISTRATES’ COURT

The Court has a long and proud history of providing justice for the people of Victoria in metropolitan and regional locations. The Court aims to be an innovative, accessible and responsive court that provides quality services to the Victorian community.

The Magistrates’ Court is the busiest court in Victoria and handles approximately 90 per cent of all cases that come before Victorian courts each year.

The Court exercises powers across a number of distinct jurisdictions including civil, criminal, family law and intervention orders. The Court also has a number of specific divisions including the Assessment and Referral Court List, the Drug Court, the Koori Court, the Neighbourhood Justice Centre and a Sexual Offences List.

Magistrates also sit in the Children’s Court, Coroners Court and Victims of Crime Assistance Tribunal (VOCAT). For further information about the Children’s Court, Coroners Court or VOCAT, please refer to the following websites:

childrenscourt.vic.gov.au coronerscourt.vic.gov.au vocat.vic.gov.au 9 ABOUT THE MAGISTRATES’ COURT OF VICTORIA • Calling and chairing meetings of • Develop protocols, rules THE JUDICIARY the Council of Magistrates. and practice directions to be recommended to the Chief • Making Rules of Court in Magistrate for implementation. Magistrates and Reserve consultation with the Deputy Magistrates Chief Magistrates. • Disseminate legislative and procedural changes in the The Governor in Council may • Issuing practice directions. appoint as many magistrates and relevant jurisdiction. reserve magistrates as are necessary • Performing statutory functions. for transacting the business of the State Coordinating Magistrate Deputy Chief Magistrates Court. As at 30 June 2016, there were The Chief Magistrate appoints a 103 magistrates allocated to the 51 Deputy Chief Magistrates Barry State Coordinating Magistrate for a locations of the Court and 16 reserve Braun, Felicity Broughton, Lance period of three years. The role of the magistrates. Martin and Jelena Popovic are State Coordinating Magistrate is to: currently appointed to the Court. • Oversee the day-to-day Judicial Registrars Responsibilities of the Deputy Chief coordination and allocation Magistrates include: The Governor in Council may of magistrates and reserve appoint judicial registrars. The Chief • Assisting the Chief Magistrate magistrates. Magistrate together with two or as requested or undertaking • Grant and record judicial leave more Deputy Chief Magistrates may duties as assigned by the Chief entitlements. jointly make rules of court for or with Magistrate. respect to the prescription of the • Develop, implement and • In the absence of the Chief proceedings or class of proceedings review listing protocols and Magistrate, the senior Deputy which may be dealt with by a judicial practices in conjunction with Chief Magistrate shall act as the registrar. As at 30 June 2016, there the Chief Magistrate, Chief Chief Magistrate. were 10 judicial registrars appointed Executive Officer and the State to the Court. Regional Coordinating Coordinating Registrar. Structure of the Magistrates • Liaise with the Regional Coordinating Magistrates, the Judiciary The Chief Magistrate appoints a State Coordinating Registrar and Regional Coordinating Magistrate registrars on a statewide basis. Council of Magistrates in each region for a period of three years. The role of Regional • Set court sitting dates, A Council of the magistrates must Coordinating Magistrates is to: conferences and meetings in meet at least once in each year on consultation with the Chief a day or days fixed by the Chief • Develop and implement policy Magistrate. Magistrate to: with respect to listing. • Consider the operation of the • Provide support to the Appointments, Magistrates’ Court Act 1989 and magistrates and staff within their Retirements and Service the Rules. region. Acknowledgements • Consider the workings of the • Supervise the disposition of offices of the Court and the cases listed in their region in Appointments arrangements relating to the accordance with protocols duties of court officials. issued by the Chief Magistrate. Magistrate Meagan Keogh (appointed 28 July 2015). • Inquire into and examine any • Report regularly to the Chief (appointed defects which appear to exist Magistrate on the operation of Magistrate Charles Tan 28 July 2015). in the system of procedure or their region. administration of the law in the During the 2015–16 period, the Magistrate Timothy Gattuso (appointed 8 December 2015). Court. Regional Coordinating Magistrates During the 2015–16 reporting met on 14 August 2015, 6 November Magistrate Megan Aumair period, the Council of Magistrates 2015, 5 February 2016 and 13 May (appointed 7 January 2016). met on 24 July 2015, 27 November 2016. 2015 and 18 March 2016. Magistrate Urfa Masood Supervising Magistrates (appointed 26 April 2016). Chief Magistrate Supervising Magistrates are Judicial Registrar Julian Bartlett (appointed 17 May 2016). Chief Magistrate Peter Lauritsen is appointed by the Chief Magistrate the head of the Court and the senior for a term of three years to assume Judicial Registrar Samantha Dixon judicial officer. responsibility for key areas of the (appointed 17 May 2016). Court’s operations. The role of the The Chief Magistrate’s Supervising Magistrate is to: Magistrate Michael King responsibilities include: (appointed 14 June 2016). • Liaise with the judiciary, • The assignment of duties to administrative staff and the judicial officers. community.

10 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COMMITTEES

Retirements in court with the result that the COMMITTEES Court may not be able to hear all Deputy Chief Magistrate Robert applications in a timely manner. The Kumar The judiciary and court staff sit on Committee recommended informing (retired 17 November 2015 a number of internal committees the Law Institute, the Bar Council, the appointed as a reserve magistrate on that oversee and guide the effective Criminal Bar Association and Victoria 18 November 2015). management of the operation of the Legal Aid of the necessity to act Court and its resources. The Court’s expeditiously to ensure better access Deputy Chief Magistrate Daniel primary committees are as follows: to justice. Muling (retired 22 December 2015). Executive Committee Courtlink Service Acknowledgements Committee Chair: The Court operates a computer based case management and The Court acknowledges the Chief Magistrate Peter Lauritsen. administrative system known as following significant judicial service Members: Courtlink. The Committee received milestones: reports as to the progress of Magistrates Donna Bakos, Jennifer maintenance and updating of the 30 years of service Bowles, Peter Dunn, Phillip Goldberg, system. A replacement system is Magistrate Peter Mealy. Gerard Lethbridge, Andrew required. McKenna, Gregory McNamara, Peter 25 years of service Mellas, Hugh Radford and Charlie Audio Visual Magistrate Margaret Harding. Rozencwajg. The Chief Executive Officer Function reported on the acquisition and 20 years of service implementation of increased audio- Magistrates Anne Goldsbrough, The Executive Committee represents visual capacity. Implementation will Cathy Lamble and Noreen Toohey. a Council of the magistrates and enhance access to court, reduce the considers the operation of the instances of prisoners not being The Court thanks these magistrates Magistrates’ Court Act 1989 and the produced to the Court and allow for their distinguished service. Rules, the working of the offices of better allocation of time for the the Court and examines defects in Court and court users. the procedure and administration of the law. The Law Library of Victoria During the reporting period, the Library services are provided by the Executive Committee considered Law Library of Victoria. Financial issues including: limitations have been reflected in the reduction of hard copy and Non-production of Prisoners greater reliance upon information There are instances where prisoners technology. The Committee are not being brought to Court. recommended an increase in access The Committee was addressed to hard copy and improvement of by members of the Victoria Police access to computer resources. Prisoner Management Group. Family Violence Notwithstanding the implementation of the Weekend Remand Court, the Recommendations of the Royal Deputy Chief Magistrate Kumar’s bench farewell held at use of County Court day cells, the Commission into Family Violence Broadmeadows Magistrates’ Court on 15 November 2015 greater use of video link to prisons were presented to the Committee. and the implementation of reformed A plan will be created to implement prisoner management processes, the relevant recommendations. Service failure to bring prisoners in response delivery of a specialist court, to warrants continues. information technology, safety and security, listings, timeliness, This stems from an increased number jurisdictional issues and the of prisoners, an inadequate number establishment of reporting functions of prison beds, the use of cells in were identified for consideration. police stations for remand prisoners and persons serving sentences and Drug Court prisoner management issues. The Two full time Drug Courts are Committee urges representations to being established at Melbourne government to encourage exclusive Magistrates’ Court. Previously use of a sufficient number of cells to the Court sat only at Dandenong. Deputy Chief Magistrate Muling’s bench farewell held at Melbourne maximise presentation of prisoners Facilities to support the functions of Magistrates’ Court on 22 December 2015 at court. the Drug Court need to be provided. Delayed Applications for Remand The Committee supports the and Bail initiative. Delays have been experienced

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 11 ABOUT THE MAGISTRATES’ COURT OF VICTORIA

Contest Mentions expanded since its inception. The Counsel) and Jim Soundias Committee continues to support (Parliamentary Counsel). The Committee has been concerned a change of title to ‘Judge’. This with the process of contest mentions. The Committee reviews the change can be effected without A contest mention is a useful case processes of the Court to ensure that significant cost and the Committee management tool. The Committee appropriate and effective practices notes that magistrates in the is concerned that the object is Northern Territory Local Court now are in place to secure efficient, promoted in the context of the have the title ‘Judge’. economic and timely resolution proper administration of justice. of its cases. The Committee meets Health and Wellbeing and communicates electronically as Diversion The Committee noted the availability required. The Committee convened The Committee received a report of confidential counselling services three times during the reporting in relation to the operation of and the need to promote health period. diversion. The Committee considers and wellbeing in the context of an that diversion should be available As was noted in last year’s report, the arduous role. at the instance of a magistrate and number of self-represented litigants appearing in the Court shows no not initiated by notice of a member Security of Victoria Police. The Committee sign of abating. This phenomenon A safety audit has been conducted. supports the current court provides a particular challenge to Evaluation of risk is being operational guidelines. registry staff and judicial officers undertaken. Seventy-eight extra in ensuring access to appropriate Orders for Costs security officers will be appointed. services. In almost all cases, self- Building upgrades, including changes An anomaly was identified. A failure represented litigants lack an of layout are being implemented to to pay costs by a litigant may result understanding of the law applicable protect court users, staff and judicial in an imprisonment order. The to their cases and the relevant officers. Committee endorsed the proposition procedures of the Court. The Court continues to provide invaluable that costs should not be subject to The Future an imprisonment regime. assistance through its staff to those The Court obtained a report attending Court. Court Governance (from Boston Consulting Group) addressing the future needs of the With these challenges in mind, the The Committee contributed Court. The Committee supports the Committee is concerned to achieve to discussions relating to the proposition that the Court needs a balance in the Court’s processes structure of the Court; particularly to evolve and provide services and procedural rules, which secures the articulation of the roles and in an accessible cost efficient the entitlement of each member of responsibilities of judicial officers manner. There is a gap emerging the public to access to services and performing administrative functions. between available funding and procedural fairness. In particular, The intent was to promote an required funding. The Committee significant time was spent by administrative organisation with is concerned that the Court is the Committee in reviewing the an increased capacity to provide underfunded with the resultant prescribed form of complaint and predictability and support for judicial decrease in capacity to provide the prescribed forms for proving officers and to improve access to access to justice. service of a complaint. The object justice for the public. being to improve the understanding Sitting Hours Civil Practice Committee of defendants as to the steps they need to take upon being served with The Committee was concerned that Committee chair: a complaint. the same court sitting hours were Deputy Chief Magistrate and not consistently applied in all courts. As a result of recommendations Supervising Magistrate Barry Braun. The Committee recommended made by the Committee, the a consistent approach be Members: prescribed form of complaint was implemented. recently amended to improve Chief Magistrate Peter Lauritsen, defendants’ understanding of the Appointments Magistrates Philip Ginnane, Phillip steps they need to take in relation to Goldberg, Franz Holzer, Jan Maclean, The Chief Magistrate was appointed proceedings in the civil jurisdiction. Ross Maxted, Hugh Radford and a Judge of the County Court. The This was achieved by incorporating Brian Wright, Judicial Registrar Committee congratulates the Chief plain English terms into the Barry Johnstone, Registrar Michael Magistrate on this appointment. ‘Information to the Defendant’ Conway (Registry Manager, section and moving the particulars Magistrates and judicial registrars Melbourne Magistrates’ Court), Civil to the beginning of the complaint have been appointed during the Coordinating Registrar (Melbourne to draw immediate attention to this reporting period. Access to justice Magistrates’ Court) Nicole Hall, Court information. can be enhanced by an increase Advice Officer (Legislation & Policy) in numbers of judicial officers and Renee Lemmon, Registrar Mark In addition, the Committee Court staff. Vendy, John Dunne (Law Institute of has overseen amendments to Victoria), Justin Foster (Victorian Bar), the Magistrates’ Court (Judicial Title Frank Ravida (Victorian Bar), Robert Registrars) Rules 2015, which ‘Magistrate’ has become outdated White (Law Institute of Victoria), increased the power of judicial and the role of magistrates has Catherine Schipano (Parliamentary registrars and improved the structure

12 12 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COMMITTEES of those rules. Gattuso and Ayres coming its application to the summary respectively from the Criminal Bar, jurisdiction of the Court has The Committee is presently private practice and the Office of continued to be a challenge, with undertaking work to address any Public Prosecutions. the much anticipated gaols at its necessary amendments to the inception being subjected to the Rules of Court and to any relevant Criminal Court Users Committee reality of available resources. The legislation in order to take account lack of resourcing of Victoria Police of postal delivery times resulting The Criminal Court Users Committee prosecutions and the failure of from changes implemented by (formed by the Court’s criminal an agreed funding arrangement Australia Post. division in 2008) often deals with similar issues to the Criminal Law between Victoria Legal Aid and the The Court is grateful for the Committee. This Committee is Law Institute of Victoria have been participation of each of the members constituted by representatives of all significant obstacles in producing the in the work of this important the court users agencies including anticipated benefits of the Summary Committee. Victoria Police prosecutions, the Case Conference.” Law Institute of Victoria, the Office Criminal Law Committee Unfortunately, those comments of Public Prosecutions, Criminal Bar are just as relevant today. The goal Association, Corrections Victoria, Committee Chair: of early resolution through case Victorian WorkCover Authority, conferencing now seems to have Supervising Magistrate Charlie Victoria Legal Aid, Victoria Police shifted to the contest mention. Rozencwajg. Forensic Science Department, Child Witness Service, the Melbourne Failure to bring Accused in Custody Members: Custody Centre, Commonwealth before the Court Deputy Chief Magistrate Jelena Director of Public Prosecutions, The failure to bring accused in Popovic, Magistrates Julian Ayres, Central Prisoner Records in custody before the Court has caused Donna Bakos, Thomas Barrett, Corrections, Court Integrated substantial disruption and delay of Jennifer Bowles, Suzanne Cameron, Services Program and various sub- court proceedings. On a number of Sarah Dawes, Timothy Gattuso, departments of these agencies. occasions, significant hearings with Carolene Gwynn, Gerard Lethbridge, multiple co-accused have had to be Peter Mellas, Andrew McKenna, The Criminal Court Users Committee adjourned and thus delayed. Peter Reardon, Jack Vandersteen provides vital consultation and and Belinda Wallington, Aranea communication about proposed This has also impacted on the Court’s Carstairs (Legal Research Officer), initiatives with the various agencies. administrative staff who must spend Renee Lemmon (Court Advice Officer It disseminates information to court considerable time attempting to [Legislation and Policy]), Katarina users and provides a forum for make alternative arrangements. Palmgren (Legal Research Officer) discussion of perceived difficulties The increase in appearances and Alison Paton (Performance any individual members may via video-link following Support Adviser). have. The Committee continues to be a productive forum to tackle the commencement of the The Committee oversees the problems and engage with the amendments to the Evidence implementation of criminal justice diverse agencies in a co-operative (Miscellaneous Provisions) Act in the Court. The Committee environment. It also permits the 1991 will go some way to alleviate addresses many diverse issues various agencies to engage with this situation. However, prior to be they substantive, procedural each other and develop individual the commencement of these or administrative; responses to avenues of communication. The amendments, the Court has already proposed legislative initiatives; Committee thanks the members of altered the culture and introduced a the drafting of Practice Directions; the Committee for their constructive focus on appearance via video-link responding to discussion papers contributions throughout the year. through amendments to Courtlink. from government; drafting Both the Criminal Law Committee prescribed forms and overseeing Challenges and the Criminal Court Users changes to the Criminal Procedure This has been a challenging year for Committee have been involved in Rules when necessary. the Court’s criminal jurisdiction. publicising the extended facilities To ensure uniform and Increased Caseload across the court system for use of effective implementation of its appearance via video-link and audio recommendations, representatives The increasing caseload, the visual conferencing for practitioners. of the Court’s administration, prisoner transport issues, difficulty Failure in Obtaining Interpreters for Renee Lemmon and Alison Paton with obtaining properly accredited Court Proceedings are permanent members of the interpreters and the increasingly Committee. serious matters that now fall within The Court is currently experiencing the jurisdiction of the Court have difficulty obtaining properly The Committee benefits from new placed very substantial pressures on accredited interpreters. This appointments to the magistracy the Court’s ability to deal with cases impacts severely on listed hearings bringing with them diverse and efficiently, fairly and effectively. and frequently necessitates current experiences from various adjournments. In some instances limbs of the criminal justice system. Summary Case Conferences where a booking has been made, In the current year, the Committee In 2012, the Chair wrote that “the the interpreter has simply refused welcomed Magistrates Gwynn, Criminal Procedure Act 2009 in to attend. Together with Melbourne

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 13 ABOUT THE MAGISTRATES’ COURT OF VICTORIA

Magistrates’ Court Senior Registrar, The Committee from time to time result in adjournments. It is yet to be the Committee has met with the invites members of Australian evaluated. Contract Manager, Court Services Community Support Organisation/ Courtlink Victoria, to explore options in this Community Offender Advice and regard. The Chief Magistrate is also Treatment Service and Court Courtlink is the official register of the involved in the consultations on this Integrated Services Program to Court, yet it has its shortcomings. It issue. attend its meetings. This assists is a very old system with significant the Committee to understand the limitations. The Committee regularly Self-represented Accused processes by which offenders are makes requests for changes to The Court’s resources are screened and assessed for programs. Courtlink, however such changes increasingly stretched by the take many months to resolve Court Integrated Services Program growing number of self-represented as there is a lengthy queue for accused. The time taken for a judicial The Committee has for many years amendments to the system.1 officer to explain the processes supported the Court Integrated Diversion and procedures affects the efficient Services Program and advocated its running of the Court, which causes expansion across Victoria. This was The Committee participated in a further delays. Victoria Legal Aid’s increasingly seen as necessary given review of the Diversion Program and changes to its eligibility guidelines the proliferation of the drug ice made recommendations to the Chief has been a substantial cause of and the rise in mental health issues Magistrate. the increased number of self- existing in the criminal justice system. represented accused. The Committee is pleased that The Committee reinforced its this expansion of Court Integrated longstanding view that the Chief Prosecution Agencies Services Program is finally occurring. Magistrate recommend to the Attorney-General that the granting Likewise, the apparent lack of Melbourne Custody Centre of the diversion program should be resources of Victoria Police and to a matter for the discretion of the a lesser extent, Corrections Victoria The Committee has for several magistrate and not be subject to prosecutions have also adversely years raised concerns with the veto by the prosecution. impacted on the Court’s processes. performance of the Melbourne Custody Centre in bringing prisoners Other Responses Committal Amendments to the court room and in facilitating The Committee has also drafted The legislative amendments to practitioners gaining access to clients responses on behalf of the Court s124 of the Criminal Procedure Act to obtain instructions. Both issues to the VicRoads Discussion Paper 2009 have assisted in confining impact significantly on the ability of a on Forfeiture and Impoundment cross-examination at committal remand court to function efficiently. Orders under the Road Safety Act to witnesses with relevance to the Victoria Police contract G4S for 1986 and on enhancing the role of real issues in a case. This results the running of the custody centre. the Auditor-General, Ombudsman in fewer witnesses being required Hitherto, the Court has had no input and Independent Broad-based Anti- at committal and reduces the into the contractual arrangements. corruption Commission. scope of the cross-examination. This year, a new tender process was Unfortunately, the Court’s case load begun for contracts commencing in The Committee is currently drafting pressures have required a second 2017. The Committee, in conjunction a response to the Department summary mention court and a with the Melbourne Magistrates’ of Justice & Regulation’s Review second remand court. Without Court Senior Registrar, Debra of Appeals from the Summary additional magistrates, this deprives Gallucci, has met with Victoria Police Jurisdiction as well as the proposed the committal stream of diary space managers and conveyed to them amendments to s464 provisions of and restrains the efficient and timely the expectations of the Court in the the Crimes Act 1958 contained in the listing of committal hearing management of the custody centre. Investigative Powers Amendment Bill. Community Correction Orders It is hoped that these performance indicators will be incorporated into Criminal Court Companion Community Correction Orders the contract. commenced on 16 January The Criminal Court Companion was 2012. Of increasing concern is Consolidated Plea Listing Pilot produced by the Committee several Corrections’ delay in commencing Along with the Melbourne years ago to provide assistance to the rehabilitative terms of an order. Magistrates’ Court Summary Crime magistrates on the bench when In some locations, the delays make Coordinator, Clinton Taylor, the completion of a rehabilitative 1 Amongst such issues recently was the need for a separate Committee introduced a pilot program impossible during the code , “toll”, for citylink fines which are properly judgement procedure at Melbourne for the debts, to ensure they do not come within the definition of operational period of the order. “fine” within theSentencing Act 1991, which could result listing of consolidated plea hearings. Delays with Men’s Behavioural on default with imprisonment; to overcome the restriction The pilot places the requests for a on magistrates dealing with penalty and infringement Change Programs and Mental enforcement warrants with both a partial discharge of consolidation listing before an out Health programs are particularly the amount owing and a community work order for the of court registrar who thoroughly remainder instead of having to choose one or the other; troubling. The Committee has raised introducing the option on Courtlink that would indicate checks to ensure that the plea is in these concerns with Corrections that a Community Correction Order imposed in addition fact ready to proceed. The pilot is to a term of imprisonment commences upon release from Victoria and continues to liaise with prison as is the law, rather than forcing a magistrate to aimed at addressing the fact that so guess at a date when that release might occur. This is Corrections Victoria. many of these listed plea hearings just an example of many suggestions made to improve Courtlink..

14 14 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COMMITTEES dealing with frequently arising issues • Publication and refinement of • Promoting the principles set such as infringements, mandatory an article on the single list of out in the preamble of the requirements under the Sentencing external mediators. Family Violence Protection Act Act 1991 like safe driving programs, 2008; monitoring the systems • Continuing liaison with suppression orders, s128 procedures established under this Act to representatives of the Victorian under the Evidence Act 2008, promote a ‘best practice’ justice family violence issues, protected Bar, Law Institute of Victoria and response for children and witnesses and much more. The Victoria University. adults who have experienced Committee regularly updates the • Fostering ongoing relationships family violence and to hold Court Companion and distributes with superior court jurisdictions perpetrators of family violence it to magistrates in electronic on matters of mutual concern accountable for their actions. form, hyperlinked to the relevant and interest. legislation. • Participation in various • Ongoing association with the committees to comprehensively The Chair would like to thank all the Dispute Settlement Centre of review how the Court and the members of the Committee for their Victoria. justice system more broadly efforts in raising and contributing manages family violence cases in to issues in a communal effort to • Promotion of various forms of the civil, criminal and family law improve the quality of justice that appropriate dispute resolution. jurisdictions. the Court provides. • Updating information on the • Considering strategies for Court’s website regarding Dispute Resolution Committee managing the growing demand dispute resolution. within the intervention order Committee Chair: • Identification of opportunities jurisdiction, including process State Coordinating Magistrate Franz to introduce further dispute and legislative reform. Holzer. resolution within the Court. • Reviewing the standard conditions of family violence Members: • Consideration of the Attorney- General’s Access to Justice intervention orders into Coroner Caitlin English, Principal Review. plain and simple language, Registrar Simone Shields, Registrar enhancing the understanding of Mark Vendy, Nussen Ainsworth • Consideration of the emerging intervention orders and ensuring (Victoria University), Irene issue of on-line dispute accountability for respondents. Chrisafis (Law Institute of Victoria), resolution and the importance Carmel Morfuni (Australian Legal of modern case management • Advocating for the Practitioner), Carey Nichol (Victorian systems to support same. establishment of family violence Bar) and Gina Ralston (Dispute lead magistrates across all Settlement Centre of Victoria). The Court is grateful for the headquarter courts in Victoria. participation and support of each of The Court’s Dispute Resolution the members of this Committee. • Participating in the Court’s Committee met on four occasions. response to the Royal Family Violence and Family Law Commission into Family Violence Whilst some of its work continues report and recommendations. to be subsumed into that of the Portfolio Committee • Developing professional Civil Practice Committee, the Committee Chair: core function and purpose of development programs for the Committee remains one of Deputy Chief Magistrate Felicity magistrates including an identifying areas of relevance where Broughton and Magistrate Kate intensive family violence dispute resolution may generally Hawkins. program with the Judicial College of Victoria and making facilitate the just, efficient, timely and Members: cost-effective resolution of the real proposals to the Judicial College issues in dispute. Work has also been Deputy Chief Magistrate Lance of Victoria for ongoing family done to develop a future work plan Martin, Magistrates David Faram, violence training programs for and mission statement. Anne Goldsbrough, Carolene Gwynn, all magistrates. Fiona Hayes, Gail Hubble, Gerard The business of the Committee has Lethbridge, Johanna Metcalf, Pauline • Conceptualising and supporting included: Spencer, Noreen Toohey, Susan new IT innovations for family violence including the expansion • Dealing with correspondence. Wakeling and Belinda Wallington and Manager Family Violence of the LEAP Electronic Interface, • Consideration of ongoing Programs and Initiatives Unit, Lisa online application forms, online engagement project, accreditation requirements Eldridge. and assessing applications for case management system accreditation and currency of the The objective of the Committee is to improvements and other IT single list of external mediators. monitor and improve the operations based initiatives. of the Court in relation to family • Providing training and • Consideration of new National violence, personal safety and family Mediator Standards and their presenting to external agencies law throughout the state. impacts on members of the legal including Community Legal profession. The work of the Committee included: Centres, Victoria Legal Aid and

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private solicitors and barristers, Where the Chief Magistrate and overseeing the work of the Court’s the Department of Health Chief Executive Officer have IT service in the maintenance and & Human Services, Victoria delegated authority, the HRC may improvement of the various IT Police prosecutors and various also make decisions on human systems necessary to support the community and government resources matters. However, the proper operations of the Court organisations. HRC does not replace established and the Children’s Court. Its work management responsibilities and includes consideration of an Human Resources Committee financial delegations or reporting increasingly comprehensive program lines and responsibilities of regular of IT initiatives to improve service Committee Chair: operational functions. delivery. Deputy Chief Magistrate Lance The responsibilities of the HRC are A key focus area is the preparation of Martin and Manager People and to: Organisational Development Iain a funding submission for the 2017– McKinnon. • Make recommendations on 18 budget for the replacement of human resource management case management systems (Courtlink Members: issues of a strategic nature and LEX), which is required to deal Magistrates Simon Garnett (until 27 including those specific to the with current system limitations and October 2015), Anne Goldsbrough magistracy (not including terms approaching obsolescence. (from 27 October 2015), Jan Maclean and conditions). During the last reporting period, and Paul Smith (until 27 October • Make recommendations on the Committee was involved in 2015), Judicial Registrars Ruth issues that have been reported overseeing the following projects, Andrew (from 23 February 2016) and to the HRC from the Human which are now complete: Barry Johnstone (until 27 October Resources Portfolio Committee 2015), Operations Manager Mark • Implementation of new (HRCP), the Human Resources Baker (Barwon South West), Senior hardware to stabilise Courtlink in Community of Practice or other Registrars Julian Bartlett (Frankston the medium term (capacity and areas of Court Services Victoria. Magistrates’ Court [until 26 April disaster recovery hardware and 2016]), Debra Gallucci (Melbourne • Review Court Services Victoria services). Magistrates’ Court) and Mark policies and inform the HRCP • Deployment of a new system McCutchan (Dandenong Magistrates’ Policy Sub-Committee on operating environment for end Court [from 28 June 2016]), Senior policy issues and procedures user computing (Windows XP to OHS & Wellbeing Adviser Penny that are of interest to the Court Windows 8.1.1) and refresh of Addison, Manager People Services and develop draft policies personal computers. Cam Arrubla, Manager Dandenong and procedures for the Chief Drug Court Kristy Rowe, Senior Magistrate that are specific to • Video Conferencing Expansion Consultant People Services Lina the magistracy. Project (Stage 1) using Defazio and Consultant People enhanced, IP-based services. • Make recommendations Services Romany Olson. about OHS and employee • Wi-Fi Expansion (Stage 1) in The purpose and objectives of the wellbeing matters related to the public, court and registry areas Human Resources Committee (HRC) magistracy and staff. of all metro courts. are to: The following additional initiatives Information Technology are in progress, many of which have • Support the Court to attract and Committee retain talented people who have been built on successful pilots: the capability and expertise to Committee Chair: • Courtlink – on-going necessary ensure the work of the Court is Deputy Chief Magistrate Daniel enhancements to legacy properly supported. Muling (to 22 December 2015). applications and supporting • Support the Court in aligning infrastructure to ensure they Chief Executive Officer Andrew Tenni all OHS practices to achieve continue to meet the Courts’ (from 23 December 2015). an embedded and effective needs until transition to a new management system that Members: system. provides a safe environment for Deputy Chief Magistrate Barry Braun, • Online processes – further all staff, contractors, visitors and State Coordinating Magistrate Franz development and deployment volunteers. Holzer, Principal Registrar Simone of online processes to improve • Provide comment, informed Shields, Manager ICT Systems Sharon community access and reduce advice, strategic guidance and McAnelly, IT Coordinator Eddie the congestion at registries, recommendations on matters Dolceamore, Business Alignment including family violence considered by the HRC at its Manager, Jurisdiction Services Ross intervention orders, licence regular meetings. Capuana, Service Delivery Manager, eligibility orders, Electronic Filing Jurisdiction Services Sharon Butchard of Appearance System, and • Provide reports and and Project Manager, Children’s electronic notification of hearing recommendations for decision Court of Victoria, Russell Hastings. dates for accused. or noting (as appropriate) to the Chief Magistrate and the Chief The Court’s Information Technology • Information exchange – Executive Officer. (IT) Committee is responsible for enhancements to interfaces

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with Victoria Police to enable • Support for the Court’s priorities Judicial Officers’ Assistance Program better information exchange such as the implementation of: available for all judicial officers in such as communication details Victoria. »» Recommendations of the of accused to enable electronic Royal Commission into Family court notifications; automation Magistrates’ Professional Violence. of existing data interfaces; and Development Conferences more timely electronic exchange »» Reform projects such as Fines The Conferences were conducted of charges and warrants. Reform and Drug Court. on 22 and 23 July 2015 and 9 October 2015. They included • Video Conferencing Expansion »» Recommendations from presentations from guest speakers Project (Stage 2) – this Operations and Finance and magistrates, including updates project aims to increase video Review (Boston Consulting from the supervising magistrates conferencing capacity in various Group). regarding their portfolios. The court locations and prisons. evaluations have continued to Enhanced video conferencing Professional Development confirm that the conferences have capability will streamline Committee been highly regarded based upon preparation for, and conduct their relevance to the duties of a of, court hearings by enabling Committee Chair: judicial officer and being also of video-based communication Magistrate Jennifer Bowles. personal interest. The Committee with persons in custody, remote has had regard to suggestions by witnesses, legal practitioners, Members: magistrates regarding topics for support organisations and other Chief Magistrate Peter Lauritsen, future conferences. court users. In addition, a video Deputy Chief Magistrate Jelena conferencing trial between Popovic, Magistrates Ann Collins, The speakers and topics for 2015–16 courts and police stations will Caitlin English, Carolene Gwynn included: be used to identify process (from December 2015), Fiona Hayes, • The Hon. Justice Virginia Bell AC improvements. Gail Hubble (until February 2016), Catherine Lamble, Ros Porter, Kay – ‘The Role of a Judicial Officer • Wi-Fi Expansion Project (Stage Robertson and Mark Stratmann – Sentencing, Victims and the 2) – this project will enable (from June 2016), Fiona Dea Media’. consistent internet access across (Manager Programs, Judicial College • The Hon. Chief Justice Diana metro, regional and rural courts of Victoria) and Emily Holland-Tam Bryant AO – ‘Intersection of for authorised users. (Manager, Magistrates’ Support Family Law, Child Protection • Key ongoing responsibilities Services). and Family Violence’ and launch include working collaboratively The Committee is a sub-committee of the Family Law Manual for to improve delivery by existing of the Council of Magistrates, Magistrates. service providers including: established to assist the Chief • The Hon. Chief Justice Wayne »» Jurisdictions Services, Court Magistrate provide for the Martin AC – ‘The Law’s Services Victoria who manage professional development of Recognition of Cultural Diversity: the delivery of information magistrates. The Committee met Developing of Dismantling technology services on behalf monthly during the reporting period Equality before the Law’. of the Court, namely Courtlink and its principal role was to organise • Her Honour Judge Amanda and other business systems, the Magistrates’ Professional Chambers – ‘Children Youth in-court technology and IT Development Conferences. Reserve and Families Amendment infrastructure such as data magistrates and judicial registrars (Permanent Care and Other centres, servers, printers and are also invited to attend the Matters) Act 2014’. telephony, through contracts Conferences. with its service providers: The Committee’s close collaborative • Her Honour Judge Judy Department of Justice & relationship with the Judicial College Small – ‘Parenting Orders and Regulation, CenITex, Fujitsu, of Victoria (JCV) continued during Applications without Notice in a Telstra, etc. the reporting period. Fiona Dea Family Violence Context’. »» Additional IT service providers attended the committee meetings; • Dr Troy McEwan – ‘Profiles of a are engaged directly to the informing the Committee of the Stalker’. Court to support including JCV programs and providing advice • Professor Greg Barton – ‘Radical Wi-Fi and Voice Over Internet regarding programs and speakers. Islamism’s War of the Mind: the Protocol telephony. Her expertise and commitment have been greatly appreciated. In addition, Drawing Power of the Islamic • Department of Justice & the JCV provided further jurisdiction State’. Regulation Works Program – specific programs for the Court and • Dr Kate Barrelle – ‘Radicalisation Support Court Services Victoria Ms Carly Schrever, Judicial Wellbeing Towards and Disengagement to coordinate the upgrade of ICT Project Advisor at the JCV attended from Violent Extremism’. infrastructure across all courts a number of committee meetings to in conjunction with CenITex inform the Committee of the Judicial • Ms Jan Cheslin and Mr Danny and Department of Justice & Wellbeing Pilot Program conducted Gamble – ‘Mental Health Regulation. by the County Court and the Services for People in Custody’.

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• Ms Laurie Atkinson – ‘The Law committees. The programs were: Elizabeth Quonoey, Senior Adviser Library of Victoria’. Professional Development, The Intimate Terrorism of Family Courts Technology Group are • Mr Matt Weatherson – ‘Crimes Violence acknowledged for conducting the Amendment (Abolition of The two day family violence program Defensive Homicide) Act 2014’. review. which had been conducted on 19–20 • Deputy Chief Magistrate Popovic February 2015, was repeated on 6–7 Magistrate Lamble has also been – ‘Bail scenarios – terrorism August 2015 and 18–19 February instrumental in liaising on behalf charges’. 2016 in order for all magistrates to of the Committee with the Law attend. Together with Fiona Dea, Library of Victoria and in particular, • Magistrate Jennifer Bowles the Steering Committee consisted Renee Naylor, the Court’s reference – ‘Churchill Fellowship 2014 – of Chief Magistrate Peter Lauritsen, librarian. One of the major initiatives What can be done? Therapeutic Supervising Magistrate Kate Hawkins included magistrates having the residential facilities for young and Magistrates Jennifer Bowles and opportunity to learn to use on line people with substance abuse Anne Goldsbrough. The evaluations legal information more effectively and mental health issues’. were once again very positive. and to be on line legal resource • Magistrates Donna Bakos, mentors to assist their colleagues. Summary Contested Hearings Andrew McKenna and Stella Judicial Mentoring Stuthridge – ‘Sentence A program which examined judicial indications’. decision making and conducting The Court’s Judicial Mentoring summary contested hearings was Program (JMP) has continued to • Magistrates Andrew Capell, held on 29 April 2016. Fiona Dea, provide a magistrate as a mentor Fiona Hayes, Marc Sargent and Supervising Magistrate Charlie to all magistrates appointed since Carolene Gwynn – ‘Implications Rozencwajg, Regional Coordinating January 2013. In the reporting period of DPP v Boulton – Sentencing Magistrates Fiona Hayes and there were six magistrates appointed. considerations’. Susan Wakeling and Magistrate The JMP is a key feature of the • Magistrate Michelle Hodgson Jennifer Bowles constituted the induction process. An evaluation of –‘It’s against the Constitution’ Steering Committee. Judicial the JMP will be conducted in the officers including their Honours next reporting period. • Magistrate Catherine Lamble Judge Elizabeth Gaynor and Lisa and Mr Matt Weatherson – Acknowledgements Hannan, Deputy Chief Magistrate ‘Family law for magistrates’ Felicity Broughton and Magistrates The Chair acknowledges the • Magistrate Greg Levine - ‘From Simon Garnett, Peter Reardon and commitment and support of Churchill Fellowship to the Belinda Wallington contributed the members of the Committee. establishment of the Family to an excellent program. Special All members have made an Drug Treatment Court’. acknowledgement to Magistrate invaluable contribution. Thank you Fiona Hayes for proposing the to Magistrate Gail Hubble who • Magistrate Kay Macpherson program and for being instrumental temporarily resigned from the –‘’Future direction of the Family in its success. Committee. She has assisted in the Drug Treatment Court’. provision of conference materials • Magistrate Anthony Parsons – Other Professional Development and nominating presenters, as well ‘Evaluation of the Drug Court’. In addition to the conferences as presenting herself. The Committee detailed above, magistrates acknowledges those who have Country Magistrates’ Conference participated as members of steering contributed to the success of the The Annual Country Magistrates’ committees and attended programs conferences, including colleagues Conference was conducted on 27 conducted by the JCV, which who have presented. Emily Holland- and 28 August 2015. The Conference included the specialist jurisdictions Tam has again provided outstanding provides an important opportunity of the Children’s Court and the administrative and logistical support for magistrates in the regional Coroners’ Court. to the Committee, including courts not only to meet but also to Magistrates also undertook their assisting in the organisation of the discuss unique issues they face. The own professional development conferences. She has been ably Conference included presentations by attending and presenting at supported by Louise Leone, Katarina on the Children’s Court, judicial both national and international Palmgren and Michelle Partridge. independence, cultural diversity, on conferences. A submission regarding The Committee also acknowledges line resources and library services. conference leave was submitted on the JCV in the promotion and delivery of judicial education Judicial College of Victoria – behalf of the Committee. programs for magistrates and the Magistrates’ Court of Victoria – There are a number of benchbooks support provided by publishing the Jurisdiction Specific Programs and manuals which have specific benchbooks and papers delivered The JCV requested that the relevance to proceedings in the at the Magistrates’ Professional Professional Development Court. During the reporting period, Development Conferences on JOIN. Committee propose jurisdiction a review of the Induction Manual specific programs for the JCV to for newly appointed magistrates provide for magistrates. Magistrates commenced. Magistrates Catherine were members of the steering Lamble and Kay Robertson and

18 18 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COMMITTEES

Sexual Assault Management listed at 9.15am. The parties are is a member of the Sexual Assault Committee encouraged to frankly discuss the Advisory Committee and the strengths and weaknesses of the Child Witness Service Consultative Committee Chair: evidence with legislative protection Committee. for the accused. Supervising Magistrate Belinda Members of the Committee are Wallington. In the summary stream, a practice also involved in discussions with has developed of obtaining the brief the County Court, Department of Members: of evidence from the prosecution Justice & Regulation, Office of Public Deputy Chief Magistrate Felicity to assist in meaningful input from Prosecutions, Victoria Police and the Broughton, Magistrates Donna the bench at the contest mention Child Witness Service in relation to Bakos, Jennifer Bowles, Sarah stage. Matters may also be listed as the introduction of an intermediary Dawes, Carolene Gwynn, Fiona a special mention to determine pre- scheme to assist vulnerable Hayes, Gerard Lethbridge, Johanna hearing issues in order to avoid delay witnesses to give their evidence. Metcalf, Peter Reardon, Duncan on the day of the hearing. Where Reynolds, Jennifer Tregent and Susan possible, these special mentions are Professional Development Wakeling, Registrars Melanie Ricardo listed before the magistrate hearing The Committee recognises the (Sexual Offences List Coordinator) the contest. importance of ongoing professional and Eden Murphy (Administrative development for magistrates A Specialist Sexual Offences List in Officer). and practitioners in relation to the Criminal Division at Melbourne sex offences. In the past year, the The Sexual Assault Management Children’s Court has been operating Supervising Magistrate provided Committee meets bi-monthly since February 2009 with a focus specific sex offence training to and has active participation from on early treatment for young Victoria Legal Aid lawyers, Victoria metropolitan, rural and Children’s offenders. Cases from suburban Police specialist prosecutors and Court magistrates. The primary focus courts involving lengthy or complex those authorising sexual offences of the Committee continues to be on matters, or where there are young prosecution briefs. sexual offence issues in the criminal complainants, may be transferred jurisdiction of the Court and issues to the Melbourne Children’s Court. Members of the Committee associated with the Sexual Offences In 2013, the Melbourne Children’s prepared the program for, and List. Court piloted a management participated, in the Judicial College list for cases involving sex abuse of Victoria one day seminar on Case Management allegations in the Family Division the preparation and management The Committee continues to of the Children’s Court. The pilot of summary offence contested consider ways to improve the case was favourably evaluated by hearings. The Committee is management of sexual offence Monash University and has now represented on the Judicial College matters in both the committal been established on a permanent of Victoria’s Steering Committee for and summary streams particularly basis; see Children’s Court Practice professional development training where the complainants involved Direction 1 of 2014. for judicial officers on historical sex are children or have a cognitive offences to be held in August 2016. impairment. Legislative Reforms The Committee continues to report Victoria is in a period of significant to all magistrates on recent cases It is the expectation of the Court that legislative change in the area of relevant to this portfolio, including practitioners appearing in the Sexual sexual offences with the second half the recent decisions of the Court of Offences List will be in a position of the amendments to indictable Appeal on tendency and coincidence to advise the Court early in the sexual offences currently before evidence and confidential proceedings if the case requires a parliament. Members of the communications. contested committal or will proceed Committee continued to have immediately to the County Court for discussions with representatives Challenges a plea to be heard or for trial. It is the of the Department of Justice There is work to be done in aim of the Sexual Offences List to & Regulation in relation to its achieving consistency of practice reduce unnecessary delay particularly implementation. The Committee will in managing sex offences across where there are young complainants. continue to monitor and inform the Victoria and in extending protections Similarly, summary offences such as magistracy about the wide-ranging for vulnerable witnesses in the indecent assaults, indecent exposure reforms introduced by the Crimes criminal justice system. The and possessing child pornography, Amendment (Sexual Offences and Committee continues to follow the the summary case conference and Other Matters) Act 2014, the Jury work of the Royal Commission into early contest mention process have Directions Act 2015, the Sexual Institutional Responses to Child resulted in a significant increase in Offenders Registration Amendment Sexual Abuse with a particular the number of summary offences Act 2016 and the Crimes (Sexual interest in its research on sex offence resolving at an early stage. Offences) Bill 2016. trials with multiple complainants. Committal case conferences are utilised to assist in the resolution Policy and Practice Thank You of matters in the indictable stream. The Supervising Magistrate attends The Committee acknowledges the Appropriate matters are adjourned meetings of the Family Violence commitment of Melanie Ricardo as from the Sexual Offences List and and Criminal Law Portfolios and Sexual Offences Coordinator and

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 19 ABOUT THE MAGISTRATES’ COURT OF VICTORIA

Lauren Patrick as bench clerk and the The VOCAT Coordinating Committee • Discussion of professional assistance given by both of them to met on a monthly basis over the development and training events the Supervising Magistrate. reporting period and considered a for magistrates and registrars. range of matters including: • Monitored statistical information • The Court’s submission to the Royal Commission into Family across venues regarding Violence. the number of applications for assistance lodged and • The inclusion of VOCAT training determined, awards of assistance in the Victoria Police academy curriculum. made (including interim awards) and the amount of assistance • A review of the Tribunal’s panel awarded. of independent dentists. • A review of the Tribunal’s • A review of legal publications management of subpoenas. and information guides to ensure plain language • Preparation of submission to the Victorian Law Reform information about the Tribunal Magistrate Belinda Wallington at the Embassy in is available to assist applicants, Washington Commission’s Victims of Crime Consultation Paper. the victim support network and wider community to access, Victims of Crime Assistance • Preparation of submission on Tribunal Coordinating Victorian Redress Scheme for understand and navigate Committee Institutional Child Abuse. through the Tribunal’s practices and procedures. Committee Chair: • A review of the Tribunal’s Supervising Magistrates Andrew application form and legislative • Reviewed and amended Capell and Johanna Metcalf. change to remove the correspondence generated by requirement for an application the Tribunal’s case management Members: to be verified by way of statutory system to victims and agents Deputy Chief Magistrates Felicity declaration. Broughton, Lance Martin and Daniel to better inform them of the • A review of appropriate progress, requirements and Muling (until 22 December 2015), counsellor qualifications and fee outcomes of their application Magistrates Timothy Bourke, Ann guidelines. Collins, David Fanning, Carolene before the Tribunal. Gwynn, Catherine Lamble, Duncan • Monitored the progress of the Reynolds, Susan Wakeling, Judicial Tribunal’s eManagement project. • Discussion of issues arising from Registrar Sharon McRae, VOCAT the 2009 Victorian Bushfires. • A review of the delegation Principal Registrar Rod Ratcliffe, to registrars to make interim Standards and Compliance Officer Members of the Committee Donna Caruana and Melbourne awards of financial assistance. participated in: VOCAT Registry Manager Sandra • Monitored the delegation • The provision of materials and Tennant. of VOCAT cases to judicial information sessions about registrars. VOCAT’s Coordinating Committee VOCAT for new magistrates. drives many of the initiatives aimed • Ongoing oversight of the Koori at improving VOCAT’s operation, VOCAT List. • The provision of VOCAT training increasing VOCAT’s community for new judicial registrars. presence and contributing to • Endorsement and publication positive outcomes for victims of of amended guidelines and • Professional development and crime. Having decision makers practice directions for: information sessions for staff of as well as those who manage the »» Legal costs. the Victims Assistance Program. administrative functions of VOCAT on the Committee promotes »» Applications for extension of • Liaison with the Aboriginal consistency between the judiciary time. Victims of Crime Coordinator and registrars and takes into account »» Counselling fees. at the Victims Support Agency issues affecting them. and with the Aboriginal Family »» Funeral expenses. To support consistency across Violence Prevention Legal venues, the Coordinating Committee • Consideration of Victorian Civil Service. also regularly reviews the Chief and Administrative Tribunal’s Magistrate’s Practice Directions and reviews of VOCAT decisions to • Regular meetings with the Guidelines. The Committee makes ensure that tribunal members Victims Support Agency to recommendations to the Chief are informed of relevant discuss issues relating to services Magistrate for the issue of new decisions and that decisions to victims of crime. Practice Directions and Guidelines that are of sufficient interest are where necessary. placed on the VOCAT website.

20 20 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COMMITTEES

Leadership Group The Leadership Group is an administrative decision-making body that addresses the strategic and operational challenges faced by the Court. During 2015–16, the Leadership Group comprised of: • Chief Executive Officer, Mr Andrew Tenni. • State Coordinating Registrar, Mr Brett Cain. • Manager Specialist Courts and Court Support Services, Mr Robert Challis. • Manager ICT Systems, Mr Gavin Russell (until 8 April 2016) & Ms Sharon McAnelly (from 2 May 2016). • Manager People and Organisational Development Unit, Mr Iain McKinnon. • Manager Corporate Services, Ms Simone Richardson. • Principal Registrar and Manager Metropolitan Courts, Ms Simone Shields. • Manager Regional Courts, Mr Keith Turner. • Manager Office of the Chief Executive, Mr Joseph Walker. • Director Neighbourhood Justice Centre, Ms Kerry Walker.

(From L-R) Senior Registrar of the Hume Region, Chief Magistrate and Chief Executive Officer at the “Turning of the Sod’ for the new Shepparton Court April 2016

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 21 ABOUT THE MAGISTRATES’ COURT OF VICTORIA

Court Support and Diversion Court Registrars THE COURT’S Services Registrars perform a wide range SERVICES The Court provides a variety of of administrative tasks throughout services and programs that aim the Court’s registries. These may Registries to assist accused with issues like include in-court (bench clerk) duties, substance abuse and mental telephone and counter enquiries The Court’s registries are an integral illness and provide support for and administrative responsibilities. part of the efficient administration of the magistrates dealing with such Registrars are required to fulfil the Court and every court venue has persons. responsibilities, obligations a registry. Registry staff can: and exercise powers under the Accused are referred to and engage Magistrates’ Court Act 1989, other • Provide information about court with various treatment and support acts and rules. These responsibilities procedures and processes. services and programs within the may involve the preparation and community whilst being monitored • Give general information about processing of court process and by the Court. In many cases, the relevant legislation and court the exercise of discretionary quasi- support services and programs rules. judicial powers. offered by the Court can also provide • Provide access to court forms assistance in the higher courts such A significant function of registrars, or brochures or refer persons to as the County Court and the Court deputy registrars and trainee the Court’s website, where these of Appeal. Such programs act to registrars is to provide support to forms and brochures and other reinforce the link between the Court magistrates and judicial registrars in information about the Court can and the community and its service the operation and running of court be found. systems. hearings. • Refer persons to the duty Specialist Courts and Lists Coordinators/Listings Staff solicitor at court or give information about legal services Specialist courts and lists are Coordinating and listings staff in the community that may be divisions established under are court registrars who perform able to assist with legal advice. legislation that seek to address dedicated listing and case flow • Provide an interpreter for an the underlying causes of criminal management roles. offending. accused in a criminal matter Senior coordinating staff are (excluding any application under While these divisions exercise responsible for supervising and the Road Safety Act 1986 filed the same sentencing powers that assessing the day to day case after 1 January 2014 with the apply in the criminal division of the workloads and listing practices and exception of requests for Auslan Court, the specialist courts and lists procedures of the Court. These interpreter services), an applicant aim to take a more individualised staff are responsible for monitoring or respondent in an intervention and service-focused approach the performance outputs of the order matter or an applicant in a and engage the accused in the Court in conjunction with the state VOCAT matter. process, which encourages greater coordinating magistrate, regional • Assist persons to feel safe at compliance and responsiveness to coordinating magistrates and senior court and provide separate court orders. registrars. waiting areas where possible. The Staff Court Support and Diversion • Advise about appropriate Services Staff support services, such as the The Court Services Victoria Act 2014 Family Violence Outreach established Court Services Victoria Court Support and Diversion Services Support Workers, Court Network as an independent statutory body staff are drawn from a range of volunteers, Salvation Army or corporate from 1 July 2014. Staff health and welfare professions. Victims of Crime Helpline. are employed by Court Services Typically, they have qualifications Victoria and allocated to the Court in and experience in psychology, • Provide contact details for other accordance with the Court Services social work, nursing, welfare, drug organisations that may assist. Victoria Act 2014. and alcohol counselling or related disciplines and are supported by After-Hours Service Senior Registrars administrative staff. Between the hours of 5pm and Senior registrars manage all These staff have diverse work 9am on weekdays and 24 hours court operations within a defined histories, though most have worked on weekends and public holidays, geographical region and are in not-for-profit organisations or the Court provides the services of responsible for providing leadership government programs prior to a magistrate and registrar to deal to all staff employed within the court commencing employment with the with urgent applications for child complex and associated satellite Court. They also share a common protection matters, intervention courts. This role ensures all legal, passion for providing assistance to orders and search warrants from quasi-judicial and administrative those involved in the criminal justice Victoria Police, the Australian Federal functions are provided in accordance system. Police and the Department of Health with the acts, rules and regulations Court Support and Diversion Services & Human Services. across all relevant jurisdictions. staff run the Court’s programs and

22 22 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 THE COURT’S SERVICES provide assistance to clients by way Courtlink Training and Learning In response to this, in March 2016, of case management and referrals & Development teams. the People Services team led the to other services. They also provide organisation of a successful Reward • Providing advice on complex clients’ progress reports to the and Recognition Day, with over 240 people management, industrial judiciary. attendees from the majority of courts relations and organisational across the state. Administrative and Support development and design issues. Staff • Liaison and engagement with Learning and Development Unit relevant representatives from The Learning and Development Unit The Court has a strong network Court Services Victoria and a (LDU) manages the recruitment, of experienced administrative and range of external stakeholders. induction and training of all court support staff who work in specific registrars and the development and areas, such as: The Unit is structured into four teams delivery of learning pathways for the which encompass a full range of • Contract and Corporate Court’s staff generally. people related services. The four Management. teams deal with functions including Trainee Registrar Recruitment & • Executive and Judicial Support. general human resource functions Assessment Centre such as employee relations, industrial The LDU undertakes the recruitment, • Finance and Administration. relations, recruitment, performance selection and placement of trainee development management, • Information Technology. court registrars (TCRs). Candidates Courtlink training, trainee court are short listed and selected to • Organisational Change and registrar recruitment and learning attend an Assessment Centre Development. and development, OHS and Process. The candidate’s skills and employee wellbeing. • Project Roles. capabilities are comprehensively • Specialist Courts and Services People Services assessed by senior registrars and LDU staff using multiple selection Support. Following the restructure of the criteria. These staff are an integral part of Human Resources (HR) team and the efficient running and day to day the transition of the payroll function Following these activities, a operations of the Court, as well as in to Jurisdiction Services (JS), the collaboration session is held to the forward planning and strategic remaining team was renamed People select candidates for referee checks. direction of the organisation. Services, effective from 1 July 2015. Successful candidates will be offered a position as a TCR. The People Services team continues People and Organisational to refine the HR function, with Magistrates’ Court Induction Development Unit a bespoke approach, improving Program its service delivery to managers, The People and Organisational With the exception of TCRs, all new employees and judiciary within Development Unit aims to improve staff attend the Court’s Induction the Court. People Services are the Court’s capacity to meet Program. its current and future business moving towards a strategic business objectives by fostering a culture partnering model by: Some objectives of the program are to support new staff: of learning and development and • Finalising the devolvement of building effective relationships and the payroll function to JS. • Gain an overview of Court capabilities in its people. Services Victoria, the Court, • Monitoring of best practice Specialist Courts and Programs The Manager, People and recruitment and vacancy and how staff can contribute Organisational Development leads management. all functions of the Unit, represents to the Court’s operations and the Court on the Human Resources • Developing an intranet hub to success. include up-to-date policies and Portfolio Committee as a delegate • Become familiar with the procedures. of the Chief Executive Officer and Employee Assistance Program, is involved in a comprehensive • Implementing a more the Code of Conduct, court range of change and organisational comprehensive process security, OHS and employee development and design initiatives. to support managers and wellbeing and other relevant In the 2015–16 financial year, employees with their return to polices such as the Respect in this included coordinating the work after extended absence. the Workplace Policy and the development of a learning strategy Social Media Policy. to be implemented in the 2016–17 • Reviewing the employee financial year. induction/orientation process Magistrates’ Court Bench Clerk and developing an employee Induction Program The Unit has provided a range handbook. of services to support the Court All new TCRs attend the Court’s including: Following the results of the Bench Clerk Induction Program. Employee Engagement and Culture The objectives include those in • Integrating the functions and Survey 2015, it was identified that the Court’s Induction Program. In activities of the People Services, formal reward and recognition was addition, this program provides staff Occupational Health and Safety one of the areas requiring attention. with: (OHS) and Employee Wellbeing,

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 23 ABOUT THE MAGISTRATES’ COURT OF VICTORIA

• Basic court skills. including the Children’s Court, Despite the numerous challenges, metropolitan and regional including the flooding and • Training in family violence courts. subsequent closure of Heidelberg procedures and protocols. and the fires at both the Dandenong • Improve job satisfaction, • Training in the Courtlink case Drug Court and the Cobram motivation and morale by management system. Courthouse, staff continue to increasing staff development. demonstrate an admirable Certificate IV in Government (Court willingness to work together and Services) Occupational Health & Safety and Employee Wellbeing take responsibility for providing a TCRs successfully complete this safe working environment for staff, This year’s OHS performance has study to qualify as a registrar. The visitors, courts users and volunteers. been strong, with all locations Certificate IV was provided in an utilising monthly safety packs. auspice arrangement with TAFE SA Courtlink Training These packs are designed to deliver until May 2016 and will no longer be All new magistrates, judicial registrars a regular training session with offered. and trainee registrars receive topics addressing both compliance training in Courtlink, the Courts’ case obligations and issues relating to Certificate in Court Services management system. The Courtlink wellbeing, in particular vicarious Trainer develops, co-ordinates Entry level training of TCRs is now trauma. The packs also incorporate a and facilitates training which is non-accredited. This allows the hazard identification and risk control responsive to legislative reform Court to adapt the curriculum to process that enables the Court to or change in court requirements. support any change of focus in court proactively manage risks locally. operations such as the increase in Training ranges from two days family violence matters. LDU staff Of particular note, there was for TCRs through to five days for developed and now coordinate and improvement in the WorkCover area the judiciary. The judiciary receive facilitate the Certificate. with no new claims submitted in in-court assistance for their first the 2015–16 financial year. Incident two days on the bench. In the past Qualification of Trainee Registrars reporting frequency did not vary 12 months, eight magistrates, two After two years of service and greatly from the previous year and judicial registrars and 39 TCRs have upon completion of the certificate a number of proactive initiatives been trained and refresher training program, TCRs are eligible to attend continue to be implemented to and on-going support is provided. a qualification interview. LDU staff identify hazards and minimise injury and a senior registrar conduct the to staff. Ergonomic assessments interviews. If assessed as suitable, continue to be available for all staff they are recommended to the Chief and a number of high/low desks Executive Officer for qualification. If have been installed across a number deemed unsuitable, they undertake of locations. a training plan and re-interviewed Following the introduction of when the relevant standards are annual self-assessments, quarterly attained. hazard inspections and monthly Scheduled Transfers safety checks, opportunities for improvement have been identified LDU administer the scheduled and captured across the state. These transfer of all VPS 2 registrars will inform new organizational between court locations. Scheduled targets and objectives, greatly transfers support the career assisting the Court in its OHS development of all VPS 2 TCRs, management model of continuous qualified court registrars and deputy improvement. The Court’s Leadership court registrars and assists in Group undertook a one and a half Court staff at Melbourne Magistrates’ Court providing flexible and experienced day intensive training course to registrars capable of meeting assist them to understand their OHS organisational needs. obligations. The objectives and benefits of A new employee assistance scheduled transfers are to: program was also introduced with • Enable TCRs to gain the two successful providers being necessary experience relevant appointed. Davidson Trahaire to successfully complete the Corpsych were awarded the contract Certificate in Court Services. for all public sector staff and the FBG Group awarded the contract • Enable the development of for judicial staff. This arrangement a multi-skilled workforce, acknowledges the varying needs of through exposure to locations the Court’s staff and judicial officers.

Koori Court staff at the opening of the Koori Court at Geelong

24 24 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

COURT OPERATIONS

The Court is continuing to respond to increases in caseload. The following section provides information regarding the management of listings and other initiatives aimed at improving how the Court operates and strengthening the Court’s presence in the community.

The Court’s judiciary and court staff work closely with a wide range of stakeholders to promote effective community engagement and to provide improved understanding and communications between the Court and the community.

25 COURT OPERATIONS

WorkCover Division respective websites of the Court, the CIVIL Victorian WorkCover Authority and The WorkCover jurisdiction deals the Australasian Legal Information JURISDICTION with claims under the Accident Institute. Compensation Act 1985 and the SUMMARY Workers Compensation Act 1958. Industrial Division From 1 July 2014, the WorkCover The Court’s civil jurisdiction jurisdiction includes claims under The Industrial Division of the comprises three main jurisdictions: the Workplace Injury Rehabilitation Court exercises an extensive jurisdiction under the Fair Work • The general civil jurisdiction. & Compensation Act 2013, which replaced the Accident Act 2009 (Cth) and in matters • The jurisdiction conferred by the Compensation Act 1985 and the concerning the interpretation and Workplace Injury Rehabilitation Accident Compensation (WorkCover application of awards and other and Compensation Act 2013, Insurance) Act 1993. industrial instruments that govern the Accident Compensation the entitlements of employees, Act 1985 and the Workers The Court has jurisdiction to hear outworkers and contractors including Compensation Act 1958. and determine matters arising out of the determination of and imposition decisions of the Victorian WorkCover of penalties in appropriate cases. • Proceedings within the Industrial Authority, an authorised insurer, The Court has the power to impose Division. an employer, a self-insured or monetary penalties in civil industrial conciliation officer. General Civil Jurisdiction proceedings and to impose criminal Pursuant to section 266(1) of the convictions and impose penalties This jurisdiction deals with Workplace Injury Rehabilitation and and order the recovery of monies proceedings where the amount in Compensation Act 2013, the Court due in prosecutions commenced dispute does not exceed $100,000 has a like jurisdiction to inquire into, for breaches of obligations under or, in the case of equitable relief, the hear and determine any question or the Fair Work Act 2009 (Cth). It has value of the relief does not exceed matter under that Act as well as the exclusive jurisdiction to hear and $100,000. Accident Compensation Act 1985 determine prosecutions under the Long Service Leave Act 1992. Within this jurisdiction, there is a and the Workers Compensation sub-set entitled “arbitration for small Act 1958 that the County Court has The work of the Industrial Division claims”. Unless the Court orders or jurisdiction to consider. The only involves hearing and determination the regulations provide otherwise, exception is that the Court cannot of both simple and complex all complaints must, pursuant to grant a serious injury certificate for employment arrangements. common law damages. section 102 of the Magistrates’ Court The main volume of work during the Act 1989, be referred to arbitration The number and complexity of year continued to be small claims, where the amount of monetary relief cases issued in the Court is similar to that is, proceedings in which a party is less than $10,000. There are two the previous year. In this reporting is seeking an amount whether by distinctive features of arbitration for period, there has been a five per way of damages or underpayments small claims; the rules of evidence cent decrease in issued complaints, of $20,000 or less. and procedure may be relaxed and totalling 1822 cases. the costs of the successful party are Suitable matters are referred to a fixed at an amount, which is less than WorkCover complaints arising in pre-hearing conference (PHC) on that normally obtainable in the trial the metropolitan area are issued at the first listing of the claim before division of the Court. the Melbourne Magistrates’ Court. the Court. The Court will make any There are two daily WorkCover trial directions required on the same day The Court continues to carefully lists in operation at Melbourne. to prepare a claim for final hearing. monitor its processes to ensure that Complaints which originate outside The arrangement is designed to best practices are in place to secure the metropolitan area are heard and reduce the number of occasions efficient resolution of cases. determined in the Court sitting at parties are required to attend court. Ballarat, Bendigo, Geelong, Latrobe The prescribed form of complaint The Court has finalised the was recently amended to improve Valley, Mildura, Wangaratta and Warrnambool. introduction of revised forms for use defendants’ understanding of the in small claims designed to provide steps they need to take in relation to The Court regularly convenes more user friendly and consistent proceedings in the civil jurisdiction. meetings of the WorkCover Users practice in employment related This was done by incorporating plain Group. The Group consists of matters. English terms into the ‘Information to magistrates sitting in this jurisdiction, the Defendant’ section and moving various barristers and solicitors and The Industrial Division is conducted the particulars to the beginning of representatives of the Victorian primarily from the Melbourne the complaint to draw immediate WorkCover Authority. The meetings Magistrates’ Court but, when attention to this information. provide an opportunity for all required, arrangements are made for members to raise and discuss any hearings to be conducted at regional Work is currently being undertaken courts. to improve information on the problems or issues arising out of the Court’s website relating to actions in Court’s WorkCover jurisdiction. During the course of the reporting this jurisdiction. When written decisions are delivered, period, 116 complaints were filed of they may be published on the which 89 were small claims.

26 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CIVIL JURISDICTION SUMMARY

Alternative Dispute Resolution judicial registrars. Judicial registrars also mediate in the Industrial Division COORDINATION The overarching purpose of the of the Court. Civil Procedure Act 2010 and the SUMMARY Rules of Court is to facilitate the The standard timeframe allowed for completion of mediation is 60 days just, efficient, timely and cost- Video Conferencing effective resolution of civil disputes. after the order. Where the parties fail Under this Act, this purpose may be to agree on the appointment of a Over the course of the year, the achieved by, amongst other things, mediator within 14 days of the order, Court has continued to install new any appropriate dispute resolution the Court will appoint the mediator internet based audio visual link (AVL) process ordered by the Court. In from the Single List of External units across the state. The Court has furtherance of that purpose, the Mediators. There are 203 nationally committed to installing 151 units at Court provides three appropriate accredited mediators on this list. 37 court venues across Victoria. dispute resolution processes: In certain suburban and regional The Court’s use of AVL to facilitate PHC, mediation and Early Neutral venues, the Court provides a the appearance of an accused in Evaluation (ENE). mediation service for claims of less custody has increased significantly than $40,000, in conjunction with Pre-hearing Conference over the past 12 months. The the Dispute Settlement Centre of number of AVLs is projected to A PHC is a compulsory conference Victoria. further increase with the introduction process conducted by the Court. It Early Neutral Evaluation of legislation, which creates a has two objectives: presumption in favour of AVL in 1. Identification of issues in dispute Early Neuatral Evaluation (ENE) relation to most court appearances between parties and promotion is a process in which, in the by an accused person. It is of settlement that is acceptable presence of the parties and their anticipated that these amendments to the parties. legal representatives, a magistrate will provide for a more efficient investigates a civil dispute and process to facilitate the appearance 2. Management of cases from provides a non-binding opinion on of in custody accused rather than defence to settlement or listing the likely outcome. ENE has proved the physical transportation of all for hearing. to be a successful opportunity to accused. The Court will: resolve a significant number of complex cases that would have Operation Gallium • Identify, clarify and explore otherwise involved the parties in a issues in dispute in a proceeding trial requiring substantial time and Following the disturbance at the cost. Metropolitan Remand Centre in • Promote a settlement of the late June 2015, more than a 100 proceeding by conciliation or Whilst any dispute of appropriate prisoners were charged with various mediation. complexity might be referred to ENE, offences and referred to the Court’s • Identify the questions of law and the process is generally applied in committal stream, which resulted fact to be decided by the Court. cases where the amount in dispute is in an unprecedented number of $50,000 or more. co-accused. The Court was able • Make directions concerning the to efficiently list and deal with conduct of the proceeding. To avoid any resistance to full and frank disclosure of their respective the matters by dedicating a case A PHC will normally be conducted by positions, the parties are assured that management team and by fully a registrar or deputy registrar of the the magistrate who has conducted utilising the video link system for Court who is highly experienced in the ENE will not be allocated the accused persons to appear for their this process but may be conducted trial of the case in the event that a cases. by a magistrate or a judicial registrar. resolution cannot be achieved. Fast Tracking of Family A PHC may be conducted in any In those cases that fail to resolve, Violence Related Criminal civil dispute commenced in the directions are given as to the Matters Court (including some WorkCover future conduct of the proceeding disputes). concentrating on the pleadings and The fast tracking initiative was the interlocutory steps necessary introduced to the Dandenong Mediation to ensure a properly prepared case, Magistrates’ Court in December A civil dispute may be referred to which is fit for speedy trial. Indeed, 2014. The purpose was to ensure mediation instead of a PHC in claims unresolved cases will be given an all family violence related criminal where the amount in dispute is early trial where the parties require it. matters are listed within designated $30,000 or more and shows some listing time frames. The objective of In the event that the dispute is not complexity of fact or law. the approach is to list and finalise resolved by ENE, the parties will these matters in a compressed Mediation must be conducted by not be required by the Court to timeframe to increase perpetrator an ‘acceptable mediator’. The Rules undertake any other form of dispute accountability and enhance the define ‘acceptable mediator’ to resolution. However, it remains open safety of victims. include a wide range of appropriately to the parties to agree to participate accredited mediators, mediators of in mediation or any other form of The Court has expanded the fast the Dispute Settlement Centre of dispute resolution process outside tracking initiative to Broadmeadows, Victoria, the Court’s registrars and the Court. Shepparton, Ringwood, Ballarat,

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 27 COURT OPERATIONS

Moorabbin and Frankston If the hearing date changes or Procedure Rules 2010 where the Magistrates’ Court in the past 12 the matter is further adjourned, value of the property is less than months. the accused will receive a further $10,000. electronic notification with the new The program is expected to be • Any proceeding involving arrangements. To further assist those further implemented at Geelong the exercise of power under with an upcoming appearance, and Bendigo Courts in September the Magistrates’ Court Civil a reminder will also be sent 48 2016. Melbourne Magistrates’ Court, Procedure Rules 2010 (with hours before the hearing date. If the Neighbourhood Justice Centre some exceptions), including an accused does not have a mobile and Heidelberg Magistrates’ Court applications under the Judgment phone number and/or email address will then follow in January 2017. Debt Recovery Act 1984 and the recorded, an ‘Advice of Hearing’ The Court anticipates a complete Instruments Act 1958. notice will still be generated and statewide rollout in the second half mailed to the accused. • Applications for summary of 2017. judgment under s.63 of the Case Tracking Judicial Registrars Civil Procedure Act 2010 where the amount sought is less than Case tracking was introduced in May Judicial registrars are independent $10,000. 2015 and provides a mechanism for judicial decision makers appointed • Re-hearing applications. parties, court users and members by the Governor in Council to assist of the public to be provided with the Court in disposing of a variety of • Mediations in the Court’s updated listing dates of cases that matters that come within the Court’s Industrial Division. they have elected to follow through criminal and civil jurisdictions. Judicial • Proceedings under the Fences the daily list section of the Court’s registrars exercise the powers and Act 1968 where the amount website. The notification is sent via jurisdictions as delegated to them by claimed is less than $10,000. email or SMS. the Chief Magistrate. In December 2015, the Magistrates’ Court (Judicial Criminal The number of cases being followed Registrars) Rules 2015 came into has continually increased each operation and consolidated the • Revocation applications under month since implementation in various amendments that have been the Infringements Act 2006. May 2015. There were over 20,000 made since 2006. notifications sent in 2015–16 • Any offence under any Act for financial year. The aim of the Following the appointment of two which an infringement could initiative is to provide an alternative further judicial registrars in May have been issued. means for people to be advised 2016, there are currently 10 judicial • Criminal (where service by post) of listing dates and to reduce the registrars appointed to the Court. rehearing applications (but number of calls and enquiries to They sit at various court locations not the power to deal with the the Court requesting updated across the state and have made principal matter if the subject information. a substantial contribution to the matter is beyond the jurisdiction disposition rates of those courts. of a judicial registrar). Electronic Notification for With a core group servicing the Accused Melbourne Magistrates’ Court, • Matters in the Special judicial registrars also sit at the Circumstances List, which deals In June 2016, the Court implemented following courts: Bairnsdale, with accused who suffer a electronic notification for accused Ballarat, Bendigo, Broadmeadows, mental or intellectual disability, persons. The initiative provides for Dandenong, Echuca, Frankston, are homeless or who have a accused persons who have criminal Geelong, Heidelberg, Korumburra, serious addiction to drugs or matters before the Court, which Kyneton, Latrobe Valley, Moorabbin, alcohol. are adjourned, to be notified of the Neighbourhood Justice Centre, • Adjourn a proceeding to allow upcoming court dates electronically Ringwood, Orbost, Sale, Shepparton, either by SMS or email. an accused to undertake the Sunshine, Swan Hill, Warrnambool Criminal Justice Diversion At the time a person is charged with and Werribee. Program an offence, police obtain the mobile phone number and email address Matters Dealt with by Judicial • Applications: Registrars of the accused and include that »» for a licence eligibility order information on the charge sheets. Judicial registrars have the powers to under the Road Safety Act If those details are not included on deal with a variety of matters within 1986 and Sentencing Act 1991. the charge sheets, a mobile phone the Court’s jurisdiction including: » number or email address can be » for removal of an alcohol collected by a court staff member Civil interlock device or for a when an adjournment is requested. direction that an applicant is • Civil arbitrations together with not responsible for a failed Then, on the adjournment of a case, all claims for council/water rates an electronic notification will be attempt to start a motor and fees where the amount vehicle with an interlock automatically sent by the Court to claimed is less than $10,000. the accused person either by SMS or device. email outlining the details of the next • An interpleader summons under »» Give directions as to property court date. the Magistrates’ Court Civil seized under a search warrant.

28 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 LEGISLATIVE REFORM

As from 26 June 2016, the • Speaking to students Collection advice and updates Infringements Regulations 2016 undertaking a Certificate in were provided to courts across the replaced the Infringements (General Court Services. state, including the sorting of the Regulations) 2006, which, inter alia, Heidelberg Court collection. • School talks to secondary amended the schedules therein college students attending the that list the lodgeable infringement Court. offences that judicial registrars are LEGISLATIVE able to deal with. Personal Safety Intervention THE LAW LIBRARY REFORM Orders Act 2010 The legislative reforms which Judicial registrars have been OF VICTORIA commenced during the year delegated power to deal with included amendments relating to The Law Library of Victoria manages applications under this Act (with the sexual offences, drink and drug the combined resources of the exception of those matters under driving, homosexual offences Supreme Court, the County Court, Part 8 dealing with family members). expungement, prevention of cruelty the Magistrates’ Court and VCAT This delegation has substantially to animals, civil disputes and bail. Libraries. The Law Library provides assisted the Court in its flexibility to Accordingly, consultation regarding services to judicial officers, tribunal list and dispose of these matters. these amendments was undertaken members, court staff, members Judicial registrars currently deal with with a range of stakeholders, of the legal profession and the the majority of these applications including: that are listed at the various courts public. There is a librarian in in the metropolitan area as well as each jurisdiction, assisting metro, • Court Services Victoria. suburban and regional courts. most major country venues. • The Supreme Court. In 2015–16, the Law Library created Victims of Crime Assistance • The County Court. Tribunal new legal research programs and facilitated a regular calendar of • Department of Justice & Judicial registrars can consider all publisher information sessions. Regulation. applications for assistance except where: Highlights include: • Department of Health & Human Services. • The act of violence alleged is a • A 5 week pilot program: ‘Using sexual offence. Online Legal Information • Victoria Police. Effectively’. • The act of violence arises in • VicRoads. circumstances of family violence • Visits by the librarian to 50 per cent of the headquarter courts. • The Office of Public and the alleged offender is a Prosecutions. family member. • Library staff presented at • Corrections Victoria. Committees and Reviews Melbourne and regional conferences. Necessary support and advice was Judicial registrars are currently • Magistrates and judicial provided to the Court’s judicial involved in the following committees officers and registrars to assist in and reviews: registrars attended workshops presented by library staff: understanding and applying the • Civil Practice Committee. legislative amendments. Further, »» Legal Alerts. required enhancements to support • Family Violence and Family Law legislative change were made to »» iPads for Legal Research. Portfolio Group meetings. Courtlink. • IMES and Court’s Management »» A library resources overview. Bail Group meetings (Fines Reform). • Library session included as part • Magistrates’ Court HR of the induction program for On 14 October 2015, the Serious Committee. new magistrates. Sex Offenders (Detention and Supervision) and Other Acts • Development of learning • VOCAT Coordinating Amendment Act 2015 commenced. materials including handouts, Committee. This Act introduced two additional guides and reading lists. Judicial registrars have also been categories where an accused needs involved in: • The fortnightly Library Bulletin. to ‘show cause’ why bail should be granted: • Meeting with representatives of • Information sessions from Jade the Ombudsman investigating Barnet, Thomson Reuters and • Accused is charged with an Transport Fare Enforcement. Lexis Nexis. indictable offence, allegedly committed while accused is The Law Library also added many • The MINTA programme subject of a serious sex offender (Beggars List). new titles to the print collection.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 29 COURT OPERATIONS

supervision order (interim or systematic sexual abuse over a sample evidence in child final). period of time. pornography proceedings • Accused is charged with an The second stage of the sexual • Restricting disclosure and indictable offence, and the offences reforms are currently being inspection of exhibits where accused, at any time during considered by parliament. to do so would result in the the proceeding with respect to disclosure of child pornography bail is the subject of a serious Historical Homosexual to the accused personally sex offender supervision order Convictions Expungements • Enabling authority to be given (interim or final). On 1 September 2015, the to police when issuing a search A further show cause category was Sentencing Amendment (Historical warrant that police may direct introduced on 2 May 2016 by the Homosexual Convictions a specified person to assist in Bail Amendment Act 2016: Expungement) Act 2014 accessing, copying or converting commenced. This Act amended the data from a computer or storage • Accused is charged with a Sentencing Act 1991 to establish a device. ‘serious offence’ (per Sentencing scheme under which convictions for Act 1991) and within the certain offences relating to sexual Prevention of Cruelty to preceding five years has been activity of a homosexual nature Animals convicted or found guilty of may be expunged. The legislation failure to answer bail. To strengthen the enforceability and recognises that homosexual sex administration of the animal welfare The Bail Amendment Act 2016 also: between consenting adults should legislation, the Prevention of Cruelty never have been a crime. Successful • Made it a mandatory that the to Animals Amendment Act 2015 applications will cause the relevant Court shall refuse bail, unless commenced on 23 December 2015. conviction to be expunged from satisfied that exceptional This Act: police, prosecution and court circumstances exist, if an records. Increased the monetary penalties for accused is charged with certain offences. terrorism related offences. Drink and Drug Driving • Introduced new offences in • Added further terrorism related Building upon the recent changes relation to baiting, luring and behaviour to the circumstances to drink and drug driving legislation fighting of animals. that must be considered when and the expansion of the Alcohol determining if an unacceptable • Added circumstances where an Interlock Program, the Road Safety risk exists in granting bail. inspector may apply for a search Amendment Act 2014 created a warrant. • Increased the penalty for failure new offence of combined drink and to answer bail offence. drug driving. This offence recognises • Amended the provisions relating the increased safety risks of driving to control orders. Sexual Offences Reform under the influence of both alcohol and a drug(s). This is reflected in • Enabled the Court to authorise On 1 July 2015, the Crimes the higher penalties and lengthier an inspector to monitor Amendment (Sexual Offences licence suspension/disqualification compliance with a control order. and Other Matters) Act 2014 orders that apply if found guilty • Enabled the Court to make commenced, completing the of the offence. This amendment Adverse Publicity Orders for first stage of major reforms to commenced on 1 August 2015. certain offences. sexual offence legislation. This Act amended the Crimes Act 1958, the In addition, the Act also expanded Demerit Point Scheme Criminal Procedure Act 2009 and the the motor vehicle impoundment Sentencing Act 1991 in respect to scheme to cover drink driving On 1 July 2015, the Demerit Point rape and sexual offences. Specifically, offences where a blood alcohol Scheme within the Road Safety the Act clarified the terminology and concentration is 0.10 or above. Act 1986 was restructured by the made the offences clear, simple and Road Legislation Amendment Act consistent. This included: Child Pornography 2013. The amendment introduced • Removing the archaic term Substantive amendments were a requirement for the appellant to ‘indecent assault’ and replacing introduced on 1 December 2015 apply for a stay of any suspension/ it with ‘sexual assault‘. in relation to child pornography disqualification pending the appeal, by the Crimes Amendment (Child where previously the stay was • Formulation of six distinct Pornography and Other Matters) Act automatic. offences. 2015. These included: Child Abuse Civil Proceedings • Introduction of a new objective • Introduction of new child fault element in rape and sexual pornography offences. The limitation periods that applied to assault: the accused does not actions relating to death or personal reasonably believe that the • Doubling the maximum penalty injury resulting from child abuse complainant is consenting. for the current offence of were removed by the Limitations of possession of child pornography. • Introducing a ‘course of conduct Actions Amendment (Child Abuse) charge’, relating to repeated and • Providing for the use of random Act 2015 on 1 July 2015.

30 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAKING A DIFFERENCE

Private Car Park Fees Justice and Membership MAKING A Committees. On 26 August 2015, the Road Safety Amendment (Private Car Parks) Act DIFFERENCE • Presented a paper in Prato at the 2015 commenced. This Act cancelled Forensic Psychiatry, Psychology any entitlement for a private car and the Law Conference entitled Judicial Community ‘Doli Incapax and Beyond 14: park to apply to the Court for a Engagement preliminary discovery order against Principles, Practice and Problems VicRoads (i.e. ascertaining the The breadth and nature of the of Sentencing Mentally Impaired identity or whereabouts of a person) work of the judiciary is diverse Child Offenders’. for the purpose of recovering private and the judiciary participate in an • Presented on the car park fees. extensive range of other duties implementation and design beyond their work on the bench. of sustainable court support Nurse/Midwife to Patient Ratio Many magistrates and judicial programs at the Therapeutic Breach Disputes registrars work tirelessly to make a Jurisprudence Conference in difference and participate in various Auckland. The process for resolving local projects, initiatives and community disputes between a nurse or midwife engagement activities on behalf of • Facilitated the arrangements (or their union representative) and the Court. for RMIT juris doctor students operator of a hospital regarding participating in a subject relating alleged breaches of ratios was Deputy Chief Magistrate Jelena to Innovative Justice. amended under the Safe Patient Popovic, Magistrates Jennifer Bowles, Care (Nurse to Patient and Midwife Graham Keil and Brian Wright • Regularly spoke to police recruits to Patient Ratios) Act 2015. From 23 provide a snapshot of the judicial and provided refresher sessions December 2015, these matters now community engagement activities for bail justices. come to the Court (instead of the Fair conducted during the reporting • Presented to Monash Master of Work Commission). period. Law and Melbourne University Criminology students. Judicial Registrar Court Rules Deputy Chief Magistrate Jelena Popovic • Represented the magistrates The Magistrates’ Court (Judicial During the reporting period, Deputy with respect to the Courts Registrars) Rules 2015 commenced Chief Magistrate Jelena Popovic: Services Victoria Koori Inclusion on 14 December 2015 to replace Action Plan. the 2005 rules which were due to • Represented the Court on sunset. The new rules restructured the Criminal Justice & Mental • Presented to the professional but maintained the content of the Health System Board, which body, Women in Crime, with previous rules. They also made it was established following respect to bail. clear that a judicial registrar has the recommendations of the • Represented the Court on the jurisdiction to hear and determine Victorian Auditor General’s Judicial Officers Aboriginal civil matters under any relevant Report on Mental Health Cultural Awareness Committee. legislation where the claim amount is Services in the Criminal Justice less than $10,000. System. • Attended the Bail Program at the Judicial Studies Institute in • Set up and participated in the Wellington, New Zealand. Women Magistrates to Barristers Mentoring Program. Magistrate Jennifer Bowles • Sat on the Sir Zelman Cowan An international conference ‘Young Centre (Victoria University) people and the Law’ was held in Planning Advisory Committee Prato, Italy from 21 to 23 September and the Immigration Law Course 2015. Magistrate Jennifer Bowles Advisory Committee. attended the conference and presented the findings of her 2014 • Represented the Court on the Churchill Fellowship – ‘What can Judicial Officers Aboriginal be done? Therapeutic residential Cultural Awareness Committee. facilities for young people with • Represented the Koori Court at substance abuse and mental health the Aboriginal Justice Forum, issues.’ which meets three times a Magistrate Graham Keil year over two days and gave a presentation on sentencing During the reporting period, the late issues as they affect Koori Dr Jim Ranglov asked Magistrate accused in the Court. Graham Keil and members of the legal profession to speak to his law • Sat on the Council of the students at Victoria University. Australian Institute of Judicial Administration (AIJA) and Magistrate Keil reports that continued her membership of delivering these short lectures was a the AIJA’s Education, Indigenous beneficial experience. The feedback

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 31 COURT OPERATIONS

received from the students was participated in the Courts Open Day familyviolence.courts.vic.gov.au very positive and Magistrate Keil on Saturday 21 May 2016 and this (launched 25 November 2015) would be pleased to continue to be free event attracted 603 people. From 25 November 2015–30 June involved in delivering similar lectures. Chief Magistrate Peter Lauritsen, 2016, there were a total of: Magistrates Clive Alsop, Ann Collins Magistrate Brian Wright and Timothy Gattuso ran a range of • 6,460 sessions on the Court’s Magistrate Brian Wright is a member interactive sessions that included: family violence website. of the Publications Committee of • An ‘All Stand’ mock criminal • 19,429 page views of this Fitzroy Legal Service, which produces hearing session involving an website. the ‘Law Handbook’ in hard copy accused charged with serious and on-line formats. He also violent and drug related • 76.19 per cent of sessions continues to write three chapters in offences. recorded were first time visits to that publication. this website. • ‘Walk in Her Shoes’ tours, which Judicial Mentoring Program outlined the process of applying Social Media for an intervention order and As at 30 June 2016, the Court’s The Court continued its educational explored the impact of family twitter account (@MagCourtVic) partnership with RMIT University violence on individuals and the had 3,776 followers, a 25 per cent where magistrates provide a community. increase from the last reporting mentoring program for law students. period. The program provides magistrates • An information session on with an opportunity to engage the Court Integrated Services Open Courts Act 2013 and in practical legal education and Program. Suppression Orders law students with a constructive • The Salvation Army, Court opportunity to experience and The Open Courts Act 2013 Network and a Court Support participate in the operation of the commenced on 1 December and Diversion Services held law in practice. 2013 and introduced a number of information stalls and the legislative and procedural changes During the reporting period, Court was fortunate to have to support the principles of open magistrates from the Children’s the Salvation Army Band in justice. The Act consolidated and Court, Dandenong, Geelong and attendance. reformed the powers of all courts Melbourne Magistrates’ Courts The Court would like to thank all the and tribunals to make suppression participated in the program. participating stakeholders and staff and closed court orders. Law Week 2016 for their invaluable contributions to During 2015–16, the Court received Law Week 2016. 42 notices of application for Law Week is an annual festival suppression order in advance of the of events promoting community Communication and Media hearing and made the following education about the Victorian legal number of orders under the Open The Court is continually striving for system. This year, Law Week ran Courts Act 2013: innovative ways to more effectively from 16–21 May 2016 and a range communicate with, inform and • 36 Interim Suppression Orders. of fantastic events were held at educate the community about the numerous court locations across the work of the Court. The Court’s two • 42 Broad Suppression Orders. state. websites (magistratescourt.vic.gov.au • 94 Proceeding Suppression The Ballarat, Hamilton, Wangaratta and familyviolence.courts.vic.gov.au) Orders. and Warrnambool Magistrates’ and its twitter account have become Courts conducted court tours. effective communication tools. There were three revocations made during this period and 60 orders The Sunshine Magistrates’ Court magistratescourt.vic.gov.au expired during the reporting period. partnered with Victoria University During 2015–16, there were a total for Law Week in the West. The of: Court hosted a movie night with law students, legal studies students • 1,343,183 sessions on the and Visy Cares Hub patrons. A Court’s general website. movie about dispute resolution was • 5,706,140 page views of this followed by information sessions and website. a Q & A with Jesuit Social Services and Victoria Police. • 46.73 per cent of sessions recorded were first time visits to In partnership with the Fitzroy this website. Legal Service, the Neighbourhood Justice Centre hosted two afternoon tea events at the Fitzroy and Collingwood housing estates where a range of legal information and resources were provided. Melbourne Magistrates’ Court

32 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

STATEWIDE PERSPECTIVE Across the state, the Court is divided into 12 administrative regions. Each region consists of a headquarter court and many also include multiple satellite courts. A regional coordinating magistrate and a senior registrar manage each region.

REGIONS

Barwon South West Heidelberg

Broadmeadows Hume

Dandenong Loddon Mallee

Frankston Melbourne

Gippsland Ringwood

Grampians Sunshine

Melbourne Metro City

Loddon Barwon Grampians Gippsland Hume Sunshine Broadmeadows 1 MELBOURNE Heidelberg Ringwood Dandenong Frankston Mallee South West

Hopetoun 33 Mildura Echuca 11 Ballarat Portland Wonthaggi Orbost Wangaratta Seymour 46 Heidelberg 1 6 16 Thursday – every 2 mths 20 25 30 35 40 Daily Tuesday – weekly Daily Monday - weekly Friday - weekly Thursday - monthly Monday – weekly Thursday – weekly Daily Tuesday – weekly Friday - weekly Robinvale Bendigo Bacchus Marsh Nhill Hamilton Korumburra Omeo Ringwood 2 7 12 17 21 26 31 Thursday - fortnightly 47 Tuesday - Fortnightly Daily Friday - weekly Tuesday - monthly Wednesday - weekly Thursday - weekly Thursday – twice per year 41 Werribee Daily Daily Mans eld 3 Ouyen 8 Kyneton 13 Ararat 18 Horsham 22 Warrnambool 27 Latrobe Valley 32 Myrtleford 36 48 Dandenong Friday - quarterly Monday - weekly Monday – fortnightly Monday – fortnightly Tuesday – weekly Daily Friday - fortnightly Wednesday - fortnightly 42 Sunshine Daily Friday – fortnightly Tuesday – monthly Thursday – weekly Daily Kerang Maryborough Sale Corryong Benalla Frankston 4 9 Wednesday – weekly Friday - weekl 28 33 37 Broadmeadows 49 Monday – weekly Tuesday - fortnightly Edenhope Monday – weekly Friday - quarterly Monday - weekly 43 Daily 14 Thursday – fortnightly Daily Friday - quarterly 23 Colac Tuesday - weekly Swan Hill Castlemaine Friday – fortnightly Monday - weekly Wodonga Cobram 5 10 34 38 44 MELBOURNE 50 Moorabbin Tuesday – Fortnightly Tuesday - weekly St. Arnaud Stawell 29 Bairnsdale Tuesday – weekly Wednesday - fortnightly 15 19 Geelong Daily Daily Wednesday – Fortnightly Thursday - fortnightly Tuesday - fortnightly 24 Wednesday – weekly Wednesday – weekly Daily Shepparton Dromana Thursday – Fortnightly Thursday – weekly Thursday - fortnightly 39 NJC 51 Daily 45 Thursday - fortnightly Friday - monthl Daily The Barwon South West region includes Colac, Geelong (headquarter court), Hamilton, Portland and Warrnambool Magistrates’ Courts. Barwon South West is a multi-jurisdictional region including Koori Court and Children’s Court hearings and County and Supreme Court Circuits. There are five magistrates and 37 staff throughout the region.

BARWON SOUTH WEST

Initiatives Community Engagement local high schools battled against each other. The final In March 2016, the Attorney-General • In partnership with CatholicCare, was presided over by a local officially launched the Geelong the Geelong Court delivered a magistrate and court staff Koori Court. Koori Court sittings are Justice Education Program for explained their role in court to held both in the Magistrates’ and newly arrived refugees in 2015. the students. Children’s Court jurisdictions. The Presentations were given by opening was well attended with over court staff, Consumer Affairs, • Courts across the region 100 guests. Attendees watched local the Dispute Settlement Centre acknowledged the valuable dancers and there was a smoking of Victoria, Victoria Police and service provided to the region ceremony held in the court building. local government agencies. The by Court Network volunteers Koori Court now sits across all program was delivered over a during National Volunteer venues other than Colac throughout 10 week period and the end of Week. the region. the program was celebrated • During Law Week, Warrnambool with a traditional signing and In May and June 2016, the Attorney- hosted local high schools at lunch. General announced safety and the Court, providing a tour and security upgrades for the Colac and • A similar program for youth at explaining the role of a registrar. Hamilton Courts. Separate waiting risk and newly arrived youth • Staff and judiciary from across areas will be created, safe interview refugees is being delivered in the region toured the traditional rooms and building security will 2016. homelands of the Gunditjmara be upgraded in line with key • The commencement of the people, including Lake Condah recommendations from the Royal legal year, January 2016, was and Tyrendarra Indigenous Commission into Family Violence. marked with a formal opening Protected Area in south west All courts across the region will have presided over by Justice Victoria. video-conference facilities installed Croft, accompanied by Judge • The Court of Appeal sat in by the end of 2016. Maidement, Chief Magistrate Geelong during June 2016 Lauritsen and Magistrate and law students from Deakin Coghlan. The Attorney-General University were provided with an also attended. insight into the appeal process • The Geelong Court hosted and the opportunity to speak the Law Association’s Geelong with the judges. High Schools Mock Court Competition. Over six rounds,

Judiciary and staff visiting the Tyrendarra Indigenous Protected Area

34 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 There are five magistrates who preside over Magistrates’ Court and Children’s Court matters, a judicial registrar (who sits three days per week) and 27 registry, administrative and court support services staff in the region.

BROADMEADOWS

Listings and referrals to both applicants and • September 2015: Magistrate respondents in intervention order Falla presented at Hume Road During 2015–16, a number of listing matters and related criminal listings. Safety Forum for Young Drivers. initiatives were introduced at the Broadmeadows Court in both the Community Engagement • May 2016: Magistrate Falla presented at the Gunung Willum Magistrates’ Court and Children’s The Court has continued to prioritise Court criminal listings: Biluk Annual Reconciliation community engagement in the Lunch at Indigenous Education • On 3 August 2015, the family violence area. Through its Centre - Kangan Tafe expansion of the family membership of the Hume Domestic Broadmeadows. violence fast tracking listing Violence Network, the Court actively process commenced. This participates in local family violence • May 2016: Regional listing process commenced education activities in Hume Coordinating Magistrate at Dandenong Court on 1 including the White Ribbon Day Southey presented to the December 2014 and was event and the Network’s annual students of the Defence expanded to Broadmeadows Clothes-line Project. This project International Training Centre. Court. The intention of the new involves participants painting anti listing practice is to improve violence messages on t-shirts and Deputy Chief Magistrate perpetrator accountability and hanging them on a clothes-line as a Kumar enhance the safety of victims by public stance against family violence. On 18 November 2015, Deputy having criminal matters dealt The Court has continued its Chief Magistrate Kumar retired after with as early as possible. partnership with the Northern almost 30 years as a magistrate, which included 23 years as the • Jesuit Social Services Youth Community Legal Service and Roxburgh Secondary College in Regional Coordinating Magistrate Diversion Pilot Program at Broadmeadows. The occasion (inclusive of Detours Pilot) its delivery of the ‘Kill the Possum’ project and the ‘Week without was marked by a ceremonial sitting commenced in Broadmeadows in Court 1 at Broadmeadows Court Children’s Court in June 2015 Violence’ presentations. ‘Kill the Possum’ is a novel by James on 13 November 2015, where the and has been extended until the Chief Magistrate, Judge Grant and end of December 2016. Moloney and is part of the year nine English curriculum at Roxburgh representatives from the Victorian • In partnership with Youth Secondary College. The novel is used Bar, the Law Institute of Victoria, Justice, deferral of sentence as a tool to educate students about Victoria Police Prosecutions, for young offenders has been the nature of family violence and Victoria Legal Aid and local private introduced. Youth Justice now part of the project involves the active practitioners spoke of Deputy Chief supervise young offenders on participation of students in a ‘mock Magistrate Kumar’s significant bail and if the person engages trial’ at Broadmeadows Court. This is contribution to the Court. On 20 successfully, the young person the Court’s fifth year partnering this May 2016, Deputy Chief Magistrate can avoid the imposition of a project. Kumar was given an Access to Community Correction Order. Justice Award at the 2016 Law Whilst the Court continued its focus Institute of Victoria Awards Dinner. Family Violence on stakeholder and community In September 2015, an applicant engagement in the family violence Broadmeadows Children’s practitioner and a respondent jurisdiction, highlights of the Court’s Court Family Division practitioner commenced in newly other activities include: On 23 October 2015, the created roles in response to the Broadmeadows Children’s Court • July 2015: The Honourable increasing number of family violence Chief Justice Warren observed Family Division was officially listings. These roles provide support the Broadmeadows Koori Court. opened.

Opening of the Broadmeadows Children’s Court Family Division on 23 October 2015

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 35 Dandenong Court services a large catchment area including the City of Greater Dandenong, City of Casey and the Shire of Cardinia. There are seven magistrates and a judicial registrar who preside over the Magistrates’ Court, the Children’s Court and the Drug Court.

DANDENONG

Criminal Listings Dandenong Court now has a including motivational interviewing, dedicated Department of Health collaborative problem solving, As a result of previous restructuring & Human Services worker in identification of strengths and goal of criminal lists, this year has seen attendance on police initiated setting. the continual reduction of criminal intervention order days, which Any infringement warrants for case delays. Over a two year period, has aided the Court and allows outstanding fines are brought this has resulted in pending criminal for a more seamless approach to before the Court and if a person matters reducing by approximately Department of Health & Human has engaged well in treatment, then 60 per cent. The Court acknowledges Services involvement with families the Court may consider a discharge the commitment of the Dandenong subject to family violence. Prosecutions Unit, Dandenong of outstanding fines under the Victoria Legal Aid, Corrections The Dandenong Court continues Infringements Act 2006. to consistently hear and determine Victoria and local defence To date, the program has seen family violence criminal matters practitioners in their support in some very positive results including within time limits set by Practice reducing delay. The Court is now increased health and wellbeing Direction No 10 of 2014. able to progress matters before it in of participants, less prison time, a more timely and efficient manner. Alcohol Diversion Program greatly improved relations between police and people on the street Listing timeframes for criminal The Alcohol Diversion Program is a and improved community safety. A matters at the end of the reporting local collaboration between Victoria formal evaluation of the program is period are: Police, the Sheriff’s Office, City of currently underway. • First mention: six weeks. Greater Dandenong, Australian Community Support Organisation Community Engagement • Contest mention: one–two (ACSO), local alcohol treatment and During the reporting period, weeks. other support agencies and the Dandenong Court engaged with Dandenong Magistrates’ Court. • Contested hearing: two–four the community primarily through weeks. This program aims to assist people education. who are struggling with alcohol Family Violence In partnership with CatholicCare, the abuse to access treatment and Court delivered a Justice Education During the reporting period, there support and is offered to people Program for newly arrived refugees. has been a seven per cent increase who are having regular contact in intervention orders finalised by with police. A representative from In partnership with the Court and the Court. This coupled with similar ACSO attends court once a month the Springvale/Monash Legal increases over the three years has to conduct alcohol assessments Service, students from Monash led to a number of challenges and to design a treatment plan in University took part in a 14 week including maintaining court lists, collaboration with local treatment Clinical Law Program. The students, overcrowding in public areas and agencies such as SECADA, Monash under supervision and with the leave a strain on existing family violence Health and the Youth Support of the Court, conducted pleas of services. Advocacy Service. A consistent guilty on behalf of accused. Dandenong Court has received magistrate is assigned to the list who monitors a participant’s engagement The Court continues to meet with funding for building works, which members of the community and has will provide victims of family with their treatment plan over a number of months. The magistrate engaged in a number of community violence with a safe and more secure forums such as the Victims Forum. area within the court building. This encourages participants to continue work is scheduled to commence treatment by using a range of during the second half of 2016. solution-focused judging techniques

36 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 The Frankston region consists of three court venues with the headquarters located at Frankston. Within the region are the Frankston and Moorabbin Courts, both six-courtroom complexes, together with a satellite venue at Dromana. There are seven magistrates and one judicial registrar based within the region. Each court location has magistrate and judicial registrar sittings. Additionally, Moorabbin Court also sits daily as a Children’s Court (Family Division). Magistrates, judicial registrars and staff are regularly rotated between the three venues and this continues to effectively use judicial and administrative resources across the region. FRANKSTON

Listings by participating in monthly • Magistrates hosted a lunch coordination meetings, discussing recognising the valuable service The region has continued to see an particularly high-risk cases and provided by Court Network increase in caseload during 2015–16. working towards a multi-disciplinary volunteers as part of National A number of initiatives have been response to families experiencing Volunteer Week. implemented to mitigate the crisis and chronic levels of family • More than 300 workers from impacts, including: violence. various agencies have learnt • Additional judicial resource in The Peninsula Community Legal about the procedures to apply the region since April 2016. Centre Early Legal Advice Project for an intervention order by • Changing the listing day of was launched at Frankston Court. participating in the Walk in Children’s Court matters at An additional duty lawyer is now Her Shoes tours. These have Frankston to allow for the available to assist in family violence been operating at Frankston creation of a family violence and family law related matters right since 2011 and are now at contest court. from the initial application stage. Moorabbin. • Additional video-link facilities Additional support workers are • The inaugural annual across the region, allowing for available on police initiated Moorabbin Justice Centre increased capacity for custody intervention order days to ensure Community Engagement Event matters. more victims can benefit from early was held on 30 September intervention of support services. 2015. The event provided • Custody call-overs at Frankston opportunity for local service and The Frankston and Mornington to allocate time certainty for treatment agencies to gain a Peninsula Family Violence Network custody matters. better understanding of court Clothesline Project displays t-shirts processes and services to assist Family Violence with anti-violence messages created them in addressing the needs of by local women and children who Improving responses to family the local community. violence has been a focus in the have experienced family violence region. A number of strategies were and has been on display at • Law Week initiatives for 2016 employed throughout the 2015–16 Frankston Court since November included a careers seminar for period. Fast tracking of family 2015. Frankston High School students violence related criminal matters at the Frankston Court. Community Engagement commenced on 1 May 2016. Fast • The Frankston and Mornington The region continued to place a tracking aims to improve perpetrator Peninsula Family Violence strong emphasis on community accountability and enhance the Network Clothesline Project engagement in 2015–16 and safety of victims having criminal displays t-shirts with anti- activities included: matters dealt with as early as violence messages created possible. • Victorian Seniors Festival tours by local women and children The Integrated Response Team and presentation. who have experienced family violence and has been on Initiative – Taskforce Alexis aims • Court staff and police display at Frankston Court since to provide an inter-agency, cross prosecutors regularly presented November 2015. sectorial, coordinated response to school students as part to high risk and recidivist family of school tours as a way of violence incidents within the inner educating students on the court middle catchment of Melbourne, processes and the potential including the local government penalties for criminal behaviour. areas of Glen Eira, Kingston and Bayside, in order to reduce the • Continued participation in incidents of repeat victimisation and the schools Work Experience perpetration of family violence with Program hosting over 60 this catchment area. Moorabbin students throughout the year. Court supported Taskforce Alexis Information session at the inaugural Moorabbin Justice Centre Community Forum held on held on 30 September 2015

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 37 The Gippsland region encompasses Bass Coast Shire, Baw Shire, East Gippsland Shire, Latrobe City, South Gippsland Shire and Wellington Shire. There are approximately 256,000 residents in an area covering 41,000 square kilometres.

GIPPSLAND

Courts in the Gippsland Region order applications. In 2015–16, the Directions Program diverts young region initiated 4,450 applications. offenders into a program overseen • The Latrobe Valley Law Courts Data indicates that finalisations have by the local Police Youth Officer and (headquarters) is a multi- increased from 3,753 applications in involves a combination of support jurisdictional court complex 2011–12 to 7345 in 2015–16, which services and community work. The with six courtrooms. Specialist is an increase of 51 per cent. program has been very successful in services include a Court reducing the reappearance of young During this reporting period, the Integrated Services Program people before the Court. team, Mental Health Liaison, region initiated 8,296 criminal cases. Housing Officer and Koori Court Finalisations have increased from Community Engagement 6,200 to 8,718 over five years, which in the Magistrates’, Children’s Latrobe Valley has maintained a equates to a 29 per cent increase. and County Courts. Latrobe strong work experience program Valley has 13 registrars, fiveThe Barwon South West region includes Colac, Geelong Initiatives(headquarter court), Hamilton, Portland andwith 15 students participating in the trainee court registrars, four program in the reporting period. support staff and 10 specialistWarrnambool The Court Magistrates’ continues Courts. to benefit Barwon from South staff. West is a themulti-jurisdictional Courts Education region Liaison including role, KooriThe 10 Year Celebration of Koori Court andwhich Children’s is funded Court by hearings the Department and County andCourt in Latrobe Valley took place • Bairnsdale Law Courts is multi-Supreme ofCourt Education Circuits. and There Training. are five The magistratesin July 2016. The actual date was jurisdictional court with twoand 37 staffdevelopment throughout of the strong region. partnerships in May but due to sorry business, courtrooms and four full-time has ensured the success of this role. the celebration was deferred to 22 staff. Koori Court sits in the July 2016. A number of speeches The ROPES program has been re- Magistrates’ and Children’s and presentations were highlights established at Latrobe Valley with 35 Court. The staff also service of the day together with dancers, young people participating to date. Omeo and Orbost Court. a smoking ceremony and an art • Korumburra Law Courts sits as The Koori Women’s Diversion Pilot exhibition. Screens depicting icons the Magistrates’ and Children’s Program has commenced at Latrobe of the Gunai Kurnai people have Court. There are currently three Valley. Magistrates’ referrals is one been mounted on the front of the staff working part-time with of the paths to the program. The building to commemorate the assistance from Latrobe Valley. program is designed to: celebration. Wonthaggi is serviced by two • Reduce Koori women’s contact staff two days per week. with the criminal justice system. • Sale Law Courts is multi- • Provide a referral pathway into jurisdictional court with two programs and services to reduce courtrooms and two full-time Koori women’s offending and staff with assistance from reoffending. Bairnsdale and Latrobe Valley. • Support Koori women Four magistrates cover the entire on court orders, bail and region. community corrections orders The region accommodates a number to successfully complete their of other jurisdictions including orders. the Supreme Court, County Court, • Assist Koori women to navigate Children’s Court, VOCAT, Victorian the justice and broader service Civil and Administrative Tribunal, system. Federal Circuit Court and Fair Work Australia. At the Bairnsdale Children’s Court, the success of the New Directions Koori Court screens at Latrobe Valley Magistrates’ Court. Listings Diversion Program was recognised In this reporting year, the main at a large meeting attended by challenge faced by the region has the President of the Children’s been the increase in intervention Court, Judge Chambers. The New

38 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 The Grampians region consists of nine venues at Ararat, Bacchus Marsh, Ballarat (headquarter court), Edenhop, Hopetoun, Horsham, Nhill, Stawell and St Arnaud. The Grampians is a multi-jurisdictional region conducting Magistrates’ Court, Children’s Court, Coroners Court, County Court, Family Violence Court Division and Supreme Court and VOCAT hearings.

GRAMPIANS

There are three magistrates based The fast tracking listing process for both Regional and Local within the region sitting at all charges arising out of family violence Aboriginal Justice Advisory locations with a judicial registrar incidents commenced at Ballarat Committees and Family Violence sitting at Ballarat twice a week. Magistrates’ Court on 12 October Prevention Networks across the 2015. Proceedings issued during the region. Magistrate Cynthia Toose is the fast tracking pilot program have by Regional Coordinating Magistrate. • Walk in Her Shoes tours were and large complied exceptionally Magistrates Greg Robinson and conducted throughout the well with all the listing protocols. Mark Stratmann continue in reporting period and held the region. Magistrate Noreen The Ararat, Ballarat and Stawell in conjunction with White Toohey visits the region each Children’s Courts participated in the Ribbon Day activities. The Tuesday to sit in the Specialist Youth Diversion Pilot Program. In tours were hosted by Regional Family Violence Court Division, the 2016–17 Budget, the Victorian Coordinating Magistrate Toose which conducts hearings of Government announced funding to and the family violence division family violence intervention order deliver this program statewide. registrar with support from applications and related criminal the family violence applicant prosecutions. The Ballarat Specialist Community Engagement practitioner and the respondent Family Violence Division has been Staff in the Grampians region were practitioner. visited by a number of agencies, involved in several community • Damien Mullane continued as including international and interstate engagement activities including: the White Ribbon Ambassador delegations. • As part of Law Week 2016, staff and attended several events During the reporting period, the facilitated court tours for the associated with this role. Royal Commission into Institutional public. Responses to Child Sex Abuse held public hearings at the Ballarat Law • Ballarat Law Court conducted Courts on a number of occasions. school visits in which students observed court proceedings and Recently, the Independent Broad- had discussions with magistrates based Anti-corruption Commission and staff. held public examinations at the Ballarat Law Courts. • The Court was represented on various committees including

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 39 Supported by five magistrates, one judicial registrar, 23 registry staff and four support staff, the Heidelberg Court provides services for Children’s Court of Victoria, Children’s Koori Court, civil debt proceedings, Court Integrated Services Program for accused on bail, criminal charges, general registry services, intervention orders including the Family Violence Court Division, which is supported by both an applicant and respondent practitioner, together with specialist family violence staff and VOCAT. The Victorian Civil and Administrative Tribunal operates one day a week. HEIDELBERG

In February 2015, the Heidelberg The challenge of scheduling and • Re-orientation and upgrading Magistrates’ Court building was communicating these changes to of the main stair, waiting, foyer flooded due to a ruptured water all participants was immense. In and counter areas and also the main and suffered significant the 12 month period, more than public lift to increase floor area damage. Court hearings were 15,000 cases were heard in courts and improve public access. immediately re-scheduled to occur designated as Heidelberg courts. • Relocation and improvement of at Broadmeadows, Melbourne and Many more were absorbed, due agency offices to create ‘hubs’ Ringwood Magistrates’ Courts and to geographic convenience, into for family violence and criminal at the Melbourne Children’s Court. the lists of surrounding courts. This services. Records, staff and magistrates achievement reflects the impressive were also relocated. The agencies leadership and commitment of the • Addition of meeting rooms for which provide a service in the Senior Registrar and management court users and pre-hearing Court, including Police Prosecutors, team of the Heidelberg Magistrates’ conferences. Corrections Victoria, Victoria Legal Court, the support of staff and Aid, Darebin Community Legal judiciary at surrounding courts and • New secure docks in courts and Centre and Youth Justice, also faced the flexibility and forbearance of the a refitted custody lift to increase the challenge of relocation. staff of the Heidelberg Court and all security in the management of agencies working within it. accused persons in custody. When the extent of the damage had been fully assessed, it became The Court’s best endeavours could • Upgrade of video conferencing clear that an extended court closure not, of course, avoid inconvenience facilities to enable remote was required. A decision was made to the community. The Court thanks access for participants and to incorporate into the repair the community for their patience. witnesses. and restoration works, important The key benefits of the repair and • Fully upgraded lighting, IT, initiatives to improve the security restoration project have been: communication, sewerage and and capacity of the Court. Plans for stormwater services. reconfiguration of available spaces • Separation of entrances, waiting enabled the amalgamation of works areas and court counters for The project is expected to be to improve security particularly for participants in family violence completed on time and within family violence proceedings. proceedings and re-orientation budget. The Attorney-General will of toilet and baby change formally re-open the re-developed The challenge for the Heidelberg facilities. Court on 22 July 2016 and full court Court in 2015–16 was to maintain sittings will resume on Monday 25 the effective operation at alternative • Provision of a secure room for July 2016. venues while these extensive works court participants with safety were completed. concerns and secure, direct The Court also acknowledges, upon access to the family violence his retirement, the outstanding Approximately 140 family violence court for such participants. contribution of Registrar, Stephen or personal safety intervention Janson, in his 48 years at the Court. order applications and 800 criminal • Re-location of the Court’s cases, along with civil hearings and remote witness facility to VOCAT hearings, were rescheduled increase safety for protected to other court venues each week. witnesses and children.

40 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 The Hume Region encompasses the Benalla, Seymour, Shepparton (headquarter court), Wangaratta and Wodonga Courts with Cobram, Corryong, Mansfield and Myrtleford Courts being attended by a registrar on a visiting basis. Four magistrates are based permanently in the region and sit at all venues. Additionally, a judicial registrar sits at courts across the region on a fortnightly basis, predominately at Shepparton, Wangaratta and Wodonga. HUME

Regional Coordinating Magistrate completed, which has improved • Regional Coordinating Stella Stuthridge, Magistrates Ian functionality and security at that Magistrate Stuthridge, together Watkins, Annabel Hawkins and court for staff and clients. with Judge Chambers, presented John O’Callaghan continued to sit two professional development In 2015, the Goulburn Valley as magistrates based in Hume. The days for local professionals Community Legal Centre introduced region is staffed by 16 registrars involved in the area of child a program to facilitate responses and seven trainee court registrars. protection. to clients with complex care needs. Additionally, there are jury keepers This program has been funded for • Magistrates also met with who work at the multi-jurisdictional three years by the Victorian Legal Regional Law Associations and courts at Shepparton, Wangaratta Services Commissioner and seeks were involved in Young Lawyers and Wodonga and are employed by positive legal and health/ wellbeing events. the Supreme Court. outcomes for clients, to build • Registrars participated as Throughout the year, extensive interdisciplinary knowledge and members of committees and consultation has occurred with respect and focus agency resources reference groups focussing on the various jurisdictions and user to achieve more therapeutic such areas as culturally and groups around requirements for outcomes for identified clients at linguistically diverse access to the new Shepparton Law Courts. the Shepparton Magistrates’ Court. justice, crime prevention, family Construction commenced in April For further information about this violence and the Koori Court. 2016 with a completion date of program, please refer to Registrars also presented across March 2018. lsbc.vic.gov.au. the region at various service In March 2016, the Cobram Court Community Engagement clubs, community organisations was damaged by fire with the and to visiting student groups. The Hume region participated in the courtroom destroyed and damage following community engagement occurring to large parts of the activities during the reporting building. period: Reconstruction has commenced • Magistrates presented regularly with the Court expected to be at ‘Cool Heads’ programs at operational in the last quarter of Shepparton, Wangaratta and 2016. In the meantime, the Court has Wodonga. Cool Heads is an sat in temporary accommodation interactive program aimed at and has recently commenced using young drivers that is produced temporary premises next to the by Victoria Police and supported police station and will continue to by the Court. The program has do so until the Court is rebuilt. been running for several years Refurbishment of the registry at and has a high profile in the Wangaratta Court has also been community and local media.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 41 The Loddon Mallee Region includes Bendigo (headquarter court), Castlemaine, Echuca, Kerang, Kyneton, Maryborough, Mildura, Ouyen, Robinvale and Swan Hill. All courts are multi- jurisdictional with Bendigo and Mildura sitting in the County and Supreme Court jurisdiction. There are four magistrates located at Bendigo and 39 staff members within the Loddon Mallee region.

LODDON MALLEE

Magistrates and staff travel An applicant practitioner position • Courts across the region extensively across the region to was created and filled at the participated in Law Week in May service all court locations. The region Bendigo Law Courts during the 2016 and conducted court tours also hears and determines Children’s reporting period. and information sessions for Court matters. A judicial registrar their local communities. As part of the recent State Budget, sits at Bendigo weekly and at other the region received funding • School visits and the work courts in the region as required. The for redevelopment works at experience program continued County Court sat on circuit for the Kyneton and Echuca, additional across the region with students whole of the reporting period and secure counters and guards at observing court proceedings the Supreme Court sat for a total satellite courts. These works are and having discussions with of 10 weeks in the criminal and civil programmed to commence in the magistrates. divisions during the year. next reporting period. • Courts across the region The region was fortunate enough The Mildura Koori Court celebrated acknowledged the important to have continued support for the its tenth year in operation in July role of Court Network contest mention circuit at Bendigo, 2015. volunteers during National Echuca, Kyneton and Swan Hill. The Volunteer Week. success of this circuit continues The Court supported the and the region currently has the implementation of the Koori • Koori Courts in Mildura and shortest listing delays it has had for Women’s Diversion Program in Swan Hill continued to hold some time. There continues to be December 2015. This program community events throughout significant and ongoing consultation has resulted in a decrease of Koori the year. with court users and magistrates to women in prison and a decrease in • The Court is represented on ensure that the best use of judicial recidivism. resources occurs. various committees across the Community Engagement region including the Regional The Specialist Family Violence Aboriginal Justice Advisory • Staff at Bendigo participated in Services were rolled out during Committee, Local Aboriginal Heritage Week in April 2016 and the last 12 months. An applicant Justice Action Committee conducted weekend court tours. practitioner was appointed at and Family Violence Action Visitors were provided with Bendigo. Committees. guided tours and commentary The Court Integrated Services about the history of the building Program was rolled out to the and courtrooms. The staff did Mildura Court in 2015. a fantastic job and gave up their own time to enable the community to visit and enjoy the historic building.

42 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 The Melbourne Magistrates’ Court is located in the central business district of Melbourne and accommodates up to 45 magistrates and judicial registrars and 110 registry and administrative staff. The Neighbourhood Justice Centre (NJC) in Collingwood is also in the Melbourne region.

MELBOURNE

This reporting period was an exciting • The Melbourne Magistrates’ were heard across the reporting year for the Melbourne Magistrates’ Court Drug Court has been period, of which 20 per cent of Court, which provided support announced with plans now accused were released on bail to the Heidelberg Magistrates’ underway to develop the new and a further 12 per cent had Court during a period of major list for commencement in early their matters finalised in this list. reconstruction. In order to maintain 2017. operations whilst works on the Community Engagement • Electronic case tracking of flooded Heidelberg Magistrates’ This continues to be a focus for this matters at the Melbourne Court were undertaken, the Court with continued events such as: Magistrates’ Court continues to Melbourne Magistrates’ Court attract increasing numbers. accommodated Heidelberg’s staff, • Law Week – Open Day events which highlight the Court’s hearings and support services. • The Family Violence Video partnerships with local agencies. Conferencing Pilot commenced, Criminal listings within the providing greater access and boundaries of the Melbourne • Moot Court sittings where safety to victims of family Magistrates’ Court region continue magistrates provide support to violence who can now give to rise and as a result, higher law students. evidence via an internet based numbers of custody matters Video Conferencing system at • International delegations who were heard day to day. Pressures an anonymous ‘safe’ location visit the Melbourne Magistrates’ in relation to prisoner transport supported by a community Court to view the Court’s limitations were managed strongly based support service. processes in operation and and the weekend sittings and liaise with magistrates and court County Court listings continued to • A family violence respondent administration to learn about provide productive support in this practitioner commenced in early the Court’s workplace initiatives. area, also assisting in alleviating 2016 at Melbourne Magistrates’ similar pressures in other regions. Court which provides support, • Walk in Her Shoes tours held assistance and referrals to regularly to provide an overview The second phase of the Video respondents in family violence of family violence support Conferencing Expansion Project applications. services and processes at the has been completed during the Melbourne Magistrates’ Court reporting year and the Melbourne • A Koori family violence support for local community members Magistrates’ Court now has a full worker was engaged with the and support services. suite of video conferencing facilities assistance of the Family Violence to offer the community. This enables Prevention Legal Service to greater flexibility for persons in support Aboriginal clients in custody to appear before the court the community by provide a and ensures greater access to justice. culturally based support service. Initiatives • Listing of matters at the County Court continued to alleviate During the reporting period: prisoner transport issues. • The Koori Court, initially • Weekend sittings continued to established and launched in assist prisoner accommodations 2014, increased listings in 2016 pressures in police cells across to sit every week in response to Victoria. A total of 2,061 matters increasing community demand.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 43 The Ringwood Magistrates’ Court consists of five magistrates and a judicial registrar who presides six days each fortnight. Magistrates also hear Children’s Court matters. There are 27 staff, including newly appointed family violence practitioners and two Court Integrated Services Program practitioners.

RINGWOOD

The Ringwood Court provides a Listings • The presentation of information number of innovative programs about court process to newly and services for court users and the The Court has made changes to arrived immigrants of Burmese community including: its listings structure as a result of background as part of the demand increase in the criminal and Migrant Information Centre’s • Australian Community Support family violence jurisdictions and to Safe and Settle Program. The Organisation Coats Alcohol and accommodate a magistrate from the program aims to provide Other Drug Assessor. Heidelberg region. These changes information about access to • Court Network. include: justice services and supports • Two weekly stand-alone to community members • Court Integrated Services from linguistically diverse Program. criminal contest mention lists to increase court hearing time to backgrounds. • Forensicare Mental Health facilitate resolution and dispute • The hosting of multiple Service. discussion between parties with Intervention Order Support the aim of early resolution of • Protected Persons Waiting Service Information Sessions. matters. Space for intervention order These sessions provide applicants. • An additional family violence organisations with information return day on Thursdays to on court processes as well • Salvation Army. reduce listing delays and the as an opportunity to build • Victoria Legal Aid. number of intervention order relationships between service applications listed. networks. The sessions support During the reporting period, the improved service responses of Ringwood Court finalised 15,988 • The Personal Safety Intervention legal and support services for criminal proceedings (a 17 per cent Order List was heard by the victims of family violence in a increase compared with 2014–15), Heidelberg magistrate instead coordinated and integrated 6,010 family violence and personal of a judicial registrar, which manner. These sessions will safety intervention orders (a 7 per provided greater listing flexibility continue to be supported by cent increase from 2014–15) and by allowing the judicial registrar the Court through participation 1,176 civil claims (a 9 per cent to sit at other venues across the in the Eastern Metropolitan decrease from 2014–15). state. Region Regional Family Violence The fast tracking of criminal family Community Engagement Partnership. violence offences commenced on 12 The Court continues to maintain • Walk in Her Shoes tours October 2015 for offences that were a strong focus on community provided local support agencies committed after that date. In the engagement activities and with information on Court eight months of operation up until undertook the following: process and facilities. 31 May 2016, the Court finalised a total of 386 matters with the average • Acknowledgement of Court time taken from first listing to Network volunteers and the finalisation being 34 days. work they undertake during National Volunteer Week.

44 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 The Sunshine region consists of the Sunshine (headquarter court) and Werribee Magistrates’ Courts. The region has seven magistrates and one judicial registrar. There are 38 staff within the region comprising of registrars, Court Integrated Service Program staff, a family violence applicant practitioner and administrative staff

SUNSHINE

The region continues to be an This role will increase respondent understanding of the justice system; extremely busy court environment accountability and offer a pathway to develop and improve referral with the region’s caseload increasing into the Men’s Behaviour Change pathways to specialised family by 17 per cent from the previous Program. violence services and the broader year. Custody cases have also community in the Brimbank and Womens Health West and continued to provide challenges to Melton region. The program inTouch Legal Centre provide the region with the Werribee Court manager is Jennie Child. From 25 multicultural family violence not suitable for custody matters and January 2016 to 30 June 2016, assistance to the Court. inTouch the Sunshine Court facing significant support was provided to 89 women Legal Centre continues to provide issues with the non-production of including women from 11 different outreach services with multilingual prisoners. Over 600 prisoners were cultural backgrounds. Sixty-seven case workers. In addition, it not produced during the 2015–16 per cent of women had not been provides a specialist legal service year. To assist with this, the Court linked to a family violence service or consisting of four lawyers who dealt with over 1,100 listings via identified by the Court or services at arrange appointments and legal video link. the Court as being at risk. All Court representation for clients and clients Network volunteers involved in this are accompanied by bilingual Initiatives project attend specialist training. The case workers. A client on a police The region continues to provide a project will now be funded to June intervention order application number of innovative services and 2017 as a result of the successful from South Sudan was supported programs to the community, court pilot. Some feedback from the through the intervention order users and students including: project: process, was legally represented at Court Integrated Services Sunshine Court and supported in her “In February this year, I attended Program Victims of Crime Assistance Tribunal Sunshine Court for a contested application and her Federal Circuit intervention order hearing. Providing short term assistance Court proceedings in relation to I had no personal support before sentencing for accused with property and child custody issues. and my ex, the defendant on health and social needs, working the intervention order was The Court is assisted by Court on the causes of offending through present, making me feel scared Network and a Centrelink social individualised case management, and intimidated. A Court worker provides an outreach service providing priority access to Network Support Worker, Nikki to the Court. treatment and community support approached me and offered for services and attempting to reduce A Children’s Support Worker me to sit with her in the Court the likelihood of re offending. is provided by McAuley Family Network Office, an offer which Increasing Access to Family Services to assist family violence I gladly accepted. Nikki was Violence Services applicants attending Court with their extremely kind and sensitive. children when making applications She made me feel safe. I was The family violence applicant and in appearing in Court. The introduced to other workers practitioner engages, validates McAuley Support Worker is trained present and all were lovely and supports victims of family in ‘specialist trauma informed’ women. Nikki stayed with me violence. The position commenced approaches to children affected by all day. She listened to my story at Sunshine and Werribee Court family violence. and offered me reassurance. in 2006. For the financial year to Without her support, I doubt date, the applicant practitioner has The Court Network Family Violence that I would have remained so supported 585 clients. Court Support Pilot Project calm and stuck to my guns. I commenced at Sunshine Court on There has been a successful want to thank Court Network 25 January 2016. The project aims for providing this service and recruitment for a family violence to provide support to women in respondent practitioner. The in particular thank Nikki for her collaboration with court staff and support and care”. respondent practitioner is due court support services; to increase to commence at Sunshine and safety for women and children; The Court is currently undergoing Werribee Court on 26 August 2016. to simplify access to and improve White Ribbon Workplace

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 45 Sunshine continued Accreditation. Sunshine Court’s been referred by the Sunshine sessions at the Sunshine Family Violence Registrar, Karen and Werribee Court. Offenders Court covering the Victorian Field (a representative on the White are referred for intensive pyscho- Court system, Victoria Legal Ribbon Committee) organised a social assessment and a tailor made Aid, Centrelink, Victorian Civil Sunshine White Ribbon event in July package is developed to respond to Administrative Tribunal and 2016. The Winter Wonderland Exhibit the needs of the young offenders family violence response from won the Magistrates’ Court White with a view to preventing further Victoria Police. Feedback Ribbon Best Exhibit. offending. The program has now from participants was that the been successfully evaluated and sessions provided were valuable The Court hosts social work masters is about to receive government and useful information about and undergraduate students from funding. a range of issues that affect RMIT in a family violence court refugee communities provided. experience. Financial Counsellors • Celebrating volunteers with a Building works will soon commence Anglicare (Werribee Court) and morning tea held with staff, to incorporate a safe waiting area WestJustice (Sunshine Court) judiciary and Court Network and changes to the family violence provide an advice service for people volunteers. registry. attending Court in relation to civil debts and enforcement warrants. • Student placements, work Prevention of Alcohol and Risk experience and Court tours and Related Trauma in Youth (PARTY) Children’s Court Diversion Pilot information sessions.

Program Sunshine and Werribee were two of • Hosting students through This Program commenced in April a small number of courts to pilot the student placements, work 2010 at Sunshine and Werribee Children’s Court Diversion program experience, court tours and Courts. It is now conducted at in conjunction with Jesuit Social information sessions. the Royal Melbourne Hospital Services. That project is currently in conjunction with Victoria being evaluated. • The Court partnered with Police, Youth Junction (Visy Cares Victoria University for Law Hub). PARTY offers a therapeutic Community Engagement Week in the West. The Court approach in sentencing for young The region has also been involved hosted a movie night with law offenders between 18 and 25 years in a number of community students, legal studies students who appear in Court for offences engagement activities and initiatives and Visy Cares Hub patrons. A involving risk taking behaviour. including: movie about dispute resolution Since 2014, 122 young people have was followed by information completed the program. A 12 month • Community Justice Education sessions and a Q & A with Jesuit review of each offender has revealed Program in conjunction with Social Services and Victoria only a 16 per cent rate of recidivism. Catholic Care. The program Police. The Court looks forward was an education program for to expanding this partnership Youth Community & Law Program newly arrived refugees living and expanding the programs in the west of Melbourne. This program was developed available for next year’s Law Approximately 20 participants with Youth Junction in 2009. This week. from Chin, Karen and Ethiopian program is a pre-sentence program backgrounds attended four for young people 18–25 who have

Community Justice Education Program Participants Sunshine Court’s Winter Wonderland White Ribbon Exhibit

46 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

SPECIALIST COURTS AND SERVICES The Court provides a variety of services and programs that aim to assist accused with issues like substance abuse and mental illness and provide support for magistrates dealing with such persons.

Specialist courts and lists are divisions of the Court established under legislation that seek to address the underlying causes of criminal offending.

47 SPECIALIST COURTS AND SERVICES

COURT SUPPORT CSDS Data Snapshot AND DIVERSION SERVICES Referrals Name of Program / Service 2013-14 2014-15 2015-16 Court Support and Diversion Services ARC List 168 206 181 (CSDS) comprises of the following CISP 2,014 1,890 2,170 programs and services: CISP participants who identified as Koori 164 170 240 Court Support Services Court Advice & Support Officer 547 456 367 • Assessment and Referral Court CREDIT 1,207 1,305 1,128 (ARC) List. Bail Support Program 1,178 1,185 1,141 • Court Integrated Services CREDIT Bail Support participants who 68 66 87 Program (CISP) and the Koori identified as Koori Liaison Officer (KLO) Program. Criminal Justice Diversion Program 7,078 7,286 6,872 • CISP Remand Outreach Pilot (CROP). • Court Advice and Support Officer During June 2016, a snapshot of ARC List, CISP and CBSP participants (CASO). indicated that six per cent were alleged victims of family violence and 37 per cent were alleged perpetrators of family violence. • CREDIT/Bail Support Program (CBSP). % of alleged % of alleged victims perpetrators • Mental Health Court Liaison Service. ARC List 0% 30% CISP 5% 46% • Youth Justice Court Advice Service. CBSP 8% 32% Diversion Services • Criminal Justice Diversion During June 2016, a snapshot of ARC List, CISP and CREDIT/Bail Program (CJDP). Support Program participants indicated that in 67 per cent of cases methylamphetamine (ice) was a contributing factor in the alleged offending. • Enforcement Review Program (ERP). % of participants where ice was a contributing factor in the alleged offending ARC List 57% CISP 68% CBSP 68%

48 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COURT SUPPORT AND DIVERSION SERVICES

Program Enhancements/ disability and family violence. Prison, with planning underway Changes As well as providing case to commence an outreach management to participants, service to Marngoneet During 2015–16, CSDS introduced a these roles are responsible Correctional Centre. number of key service enhancement for sector engagement and • In collaboration with Victoria initiatives. These include: provision of training and advice Police, the Court Support to other case managers in the Services team at Sunshine • In December 2015, CISP area of specialty. In addition, the Magistrates’ Court commenced commenced at Mildura role of Manager, Court Support the Sunshine Ice Intervention Magistrates’ Court. Services – Melbourne was Pilot. This sought to provide created and recruited to. This • In early 2016, the case accused in the early stages role is responsible for the day to management teams for the of an addiction to ice with day operations of the ARC List, ARC List and the CISP team priority access to CISP, with CISP and CASO at Melbourne at Melbourne Magistrates’ the aim of determining if Magistrates’ Court. Court were integrated into earlier intervention reduces the the Melbourne Court Support • As part of an expansion of Court incidence of further offending. Services team. Case managers Support Services, an operations • In November 2015, the in this team now have both manager and two additional Broadmeadows Magistrates’ ARC List and CISP participants team leader roles were created Court implemented a trial on their case load. This change and recruited to. These roles will with Banyule Community will allow participants to move ensure that case managers are Health Service for it to provide from CISP to the ARC List appropriately supported and outreach assessments for CBSP without having to change case that service delivery is consistent participants requiring referral to managers, thereby enhancing across all locations. continuity of support. Gambler’s Help. • The CISP Remand Outreach Pilot • The Court Support Services • As part of the integration of the (CROP) received further funding Team at Melbourne commenced two teams, five advanced case in the 2015–16 Victorian State the regular use of videolinks for manager roles were created Budget, allowing it to continue assessments of accused who are and recruited to in the areas of to June 2017. mental health, alcohol and other in Corrections Victoria custody. drugs, acquired brain injury, • In June 2016, CROP commenced These assessments are usually an outreach service to Barwon undertaken prior to an accused

CASE STUDY: COURT INTEGRATED SERVICES PROGRAM Todd is aged 34 years. He did not have any convictions prior to being apprehended in relation to the charges which resulted in him being on remand. Prior to his offending, he was a fully employed tradesman in a stable relationship with a son aged 18 months. Todd started using ice recreationally and this escalated to daily use of large quantities. As his ice use escalated, Todd’s financial situation became drastic, his work spasmodic, his behaviour erratic and he became unemployed. It was during this period that he perpetrated an act of violence towards his partner. An intervention order was applied for and obtained and Todd was required to leave the residence he had shared with his family. He breached the intervention order by contacting and threatening his former partner. As a result of this, the intervention order was varied and all contact with his child was ceased. Todd was charged with serious indictable charges of trafficking ice and remanded in custody. At the time he was charged, Todd was on bail for the family violence intervention order breach and assault of his former partner. While on remand for the drug trafficking charges, Todd was assessed as suitable for CISP by a CISP Remand Outreach Pilot Worker. After spending two weeks in custody, Todd came before the Court with the assessment for CISP and was bailed with strict conditions, including compliance with CISP. Todd presented before the magistrate who judicially monitored him on monthly CISP rollovers for a period of four months and met with his CISP case manager weekly. While on CISP, a detoxification regime was implemented. This was fortified by an ongoing drug counselling program. Additionally, as Todd was homeless as a result of the relationship breakdown, assistance was provided to obtain emergency accommodation. Todd also attended a Men’s Behaviour Change Program during the CISP episode. During the four months on CISP, Todd became completely abstinent from ice and obtained new employment. Now in a better financial position, Todd was able to obtain independent rental housing. Additionally, he resumed a cordial relationship with his former partner such that he was able to resume contact with his son. The serious indictable charges were withdrawn at the committal mention hearing. With respect to the summary criminal matters, he was placed on a Community Corrections Order.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 49 SPECIALIST COURTS AND SERVICES

person being brought to court. Royal Commission into Family »» Department of Health & Other Court Support Services Violence. Human Services. locations have subsequently • Meeting with representatives »» Forensicare. commenced use of this from the Department of Premier technology. »» Salvation Army. & Cabinet and Department of • Completion of a review of Treasury & Finance to discuss »» Youth Justice. the Criminal Justice Diversion CSDS programs. Department Program, facilitated by of Premier & Cabinet and ARC List Magistrate Doherty. The Department of Treasury • Presentation to the Partners in review made a number of & Finance representatives Recovery staff meeting on the recommendations which are observed ARC List hearings. ARC List participant group and being implemented. • Meeting with the President referrals. • An external review was of the Australian Vietnamese • Presentation on the ARC List commissioned to examine the Health Professionals Association to staff from Community Brain provision of housing support to discuss strategies to engage Disorders Assessment and services to Court Support Vietnamese health professionals. Treatment Service. Services, the Drug Court and the • Meeting with the Office of Neighbourhood Justice Centre. • Presentation to the Northern Multicultural Affairs and The findings of this review Region Alcohol and Other Drug Citizenship to discuss how to link were utilised in the tendering Forum regarding the ARC List. migrant and settlement services of housing support services for with the Court to facilitate access CISP Court Support Services and will to and an understanding of guide future development of • The Latrobe Valley CISP and court processes. court funded housing services. Latrobe Community Health • Membership of, or attendance Service have regular meetings • Court Support Services and at, the Victorian Custody to discuss the provision of the the Neighbourhood Justice Reference Group, Criminal Latrobe Community Health Centre undertook a public Justice and Mental Health Service Alcohol and Other Drug tender process for the Initial Systems Planning and Strategic (AOD) service and the Men’s Assessment and Planning Service Coordination Board, National Behaviour Change Program to provided at the Neighbourhood Disability Insurance Scheme- CISP participants. Justice Centre and three Court Department of Justice & Support Services locations and • Latrobe Valley CISP has quarterly Regulation-Department of for the provision of support meetings with Quantum Health & Human Services Justice for tenants in 40 transitional Support Services to enhance Interface Working Group and housing management properties service provision to program the Victorian Countering Violent that are funded via Court participants. Extremism Reference Group. Services Victoria. The successful • Agency visit to Mind Australia tenderer was Launch Housing. • In collaboration with Dr Brianna and attendance at team This arrangement is in place until Chesser (who has completed meeting increased CISP profile June 2018. a PhD on the ARC List), the with the agency and provided Manager CSDS presented information on the Partners in Community/Stakeholder on the ARC List at the Fourth Recovery Service. Engagement International Therapeutic Jurisprudence Conference • Representative from the Family With the aim of promoting CSDS (the Aotearoa Conference). Mediation and Counselling programs and facilitating closer In collaboration with Deputy Victoria attended a Melbourne working relationships, staff from Chief Magistrate Popovic, the CISP team meeting to provide CSDS programs actively engage with Manager CSDS also presented information on services provided community groups, government on CISP at the same conference. by the organisation. departments and not-for-profit • CISP Koori case managers organisations. Engagement activities • CSDS also work closely with a range of government and attended the Sisters’ Day Out during 2015–16 included but were event at the Dame Phyllis Frost not limited to: non-government organisations that outpost staff to the Court, Centre. CSDS including: • Latrobe Valley CISP met with • The Manager Court Support »» Consumer Action Law Centre. Corrections Victoria Morwell, & Diversion Services and the in relation to the interface Sunshine Court Support Services »» Corrections Victoria. between CISP participants and Team Leader presented to the »» Court Network. those subject to a Community

50 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COURT SUPPORT AND DIVERSION SERVICES

Corrections Order. to treatment and support Broadmeadows Magistrates’ services working with CBSP Court. • With the commencement of participants. CISP at the Mildura Magistrates’ • Meeting with representatives Court, the CISP case manager • Attended a forum facilitated by from Windana – Stepping has been involved in a number the South Eastern Consortium Up Consortium, to discuss of community engagement of Alcohol and Drug Agencies programs, referral pathways and events with local service to provide an overview of the working collaboratively. providers, including a Barkindji CBSP and requirements of AOD • Site visit and tour of the Youth Community Cultural tour, clinicians in regard to Penelope Substance Abuse Service (YSAS) including visiting cultural (a database introduced by the AOD withdrawal unit. Informed heritage site, bush tucker, Australian Community Support about the services provided by storytelling, art and smoking Organisation to assist in the YSAS, the referral process and ceremony. The Mildura coordination of the Community rules of the unit. Court Support Services case Offender Advice and Treatment manager has also met with Service scheme) and progress • Attended the official opening representatives from Victoria reports for the Court and of Samaritan House - providing Police, Mildura Base Hospital, communication between the accommodation for homeless Australian Community Support parties. men in Geelong. Organisation, Salvation • Attended the Rooming House Army, Sunraysia Community • Agency visit to ReGen Environment Forum where an Health Service, Mallee District Moreland, AOD service provider, overview of the rooming house Accommodation Services, Mallee Heidelberg. situation in Dandenong was and District Aboriginal Service provided. • The Moorabbin Justice Centre and the Sheriff’s Office to discuss held a large community CISP. • Meeting with representatives engagement event facilitated of Turning Point to share • The Coordinator of Women and by the Moorabbin CREDIT/ information about the CBSP and Mentoring visited the Sunshine Bail Support Program Case the Culturally and Linguistically and Melbourne Court Support Manager and CSDS Cultural Diverse Outreach AOD Program. Services teams to present on Diversity Project Officer. The event received solid support and the Women and Mentoring • Meeting with Responsible assistance from all staff at the program. Gambling Victoria North Moorabbin Justice Centre. West to develop collaborative CROP working relationships. • A range of welfare and • Due to the recent expansion Meeting also attended by treatment services were invited of a CROP outreach service to Deputy Chief Magistrate into the Moorabbin Justice remand prisoners at the Barwon Kumar and Broadmeadows Centre. These services were Prison, CROP staff provided an Magistrates’ Court based able to meet with staff to gain information session on the CROP services. Meeting organised a better understanding of court and CISP to custodial and VPS by the Broadmeadows CBSP processes and raise awareness staff and prisoners. Case Manager with North West about the different pathways to Housing Intake Portal to provide access support and assistance. • CROP attended a discussion information on barriers to stable on “Women and Mentoring: accommodation experienced • Agencies such as Clayton Keeping Women out of Prison”. by program participants; in Community Mental Health, The CROP CISP Assessment particular those with mental Centrelink, Department of Health and Liaison Officer provided health, AOD and family violence & Human Services, Ngwala information about the CROP. concerns. The purpose of the Willumbong Aboriginal Services, MonashLink Community CBSP meeting was to strengthen service linkages and provide the Health, Launch Housing, Inner • Attended Ballarat Community Broadmeadows Magistrates’ South Community Services, Health interagency meeting to Court with an understanding TASKFORCE, Family Life, promote regional organisations of available supports and Family Mediation Services and working in partnership. pathways. Attendees included New Hope Foundation were represented by 56 people. • Presentation on the CBSP and representatives from Vincent Presentations at the event were ice to Court Network staff at the Care, Corrections Victoria, Koori provided by: Ballarat Court. Court Officer Broadmeadows Magistrates and Children’s »» Paul Smith, Regional • Meeting with UnitingCare AOD courts and court support Coordinating Magistrate. team Ballarat to discuss the services that operate from the Court’s requirements in relation »» Bridget Box, Case Manager,

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 51 SPECIALIST COURTS AND SERVICES

CREDIT/Bail Support Program. Family Violence Registrar. CJDP, Victoria Police, Melbourne City Council, Homeless Law and »» David Christie, Moorabbin »» Maree Nugent, Crime and the Salvation Army. Court Registrar. Diversion Court Coordinator. • Regular lectures on the CJDP to »» Cameron Cunningham, »» Julie Speirs, Family Violence Victoria Police recruits. Acting Senior Sergeant, Police Respondent Practitioner. Prosecutions. • CJDP developed partnerships »» Rebecca Symington, Acting with the following organisations »» Fiona Downing, Victorian Civil Senior Community Corrections to provide voluntary work and Administrative Tribunal Officer, Corrections Victoria. placements for Diversion Administration Officer. »» Louise Wildberger, Senior participants: »» Paul Drost, Program Manager, Victoria Legal Aid Lawyer. • Salvation Army – Project 614. Court Network. CJDP • Salvation Army, Brunswick, »» Graeme Hallett, Salvation • Operation Minta was conducted Maryborough and Morwell. Army. for the third consecutive year. • RSPCA. »» Jacqueline Hough, Family Operation Minta is aimed at Violence Applicant Practitioner. providing appropriate court • Warrnambool City Council. outcomes for accused charged »» Jo Linard, Youth Justice. • Lifeline Gippsland. with a begging offence. This is a »» Anna McKenzie-McHarg, joint collaboration between the • Connect GV (Shepparton).

ROLE OF THE COURT SUPPORT SERVICES KOORI CISP CASE MANAGER I am an Aboriginal woman from Toowoomba in Queensland. My connection is to the Kanju mob in Far North Queensland through my biological grandmother. My family and I have been greatly affected by The Stolen Generation and, as a result, I have grown up with a disconnection to culture, which has contributed to my determination to want to learn more about Aboriginal culture and to create my own identity in community. I have always had an interest in law and the justice system. On completion of year 12, I continued my role working in retail. In March 2013, I made the decision to move to Melbourne. In April 2013, I undertook a role as a Paralegal Support Worker at the Aboriginal Family Violence Prevention Legal Service (FVPLS). While working at FVPLS, I had the Morgan Miller CISP opportunity to attend Tranby Aboriginal College in Sydney to undertake a Diploma of Legal Advocacy which specifically looks at supporting Aboriginal people who have interactions with the legal system. The course took two years to complete and while studying, I was successful with a scholarship application to travel to Singapore and Burma (Myanmar) for the purposes of a research trip. During my time at FVPLS, I was seconded for three months to the Melbourne Magistrates’ Court as the female Koori Family Violence Worker. While in this role, I was able to engage with both affected persons and respondents by making referrals to appropriate services, as well as supporting them in court. At the time I was working two days at FVPLS and three days at the Court. It was in this role that I was introduced to CISP. In September 2015, I was successful in gaining the position as Koori CISP Case Manager based at the Melbourne Magistrates’ Court. Since commencing in this role, I already feel as though I am a part of the change in reducing the risk of recidivism by Koori people by supporting, case managing and linking them in with support services. What I enjoy most about my role is being a part of a team that is in a position to help Koori participants by encouraging them to engage in a treatment and support plan that can assist in addressing their needs. I feel a great sense of fulfilment when the participants are doing well on the program and when they acknowledge they are doing well. The most challenging issue I face in this role is that Koori participants can face many issues, including but not limited to, mental and physical health, alcohol and other drugs, family violence and intergenerational trauma, which can perpetuate the cycle of recidivism. My advice to anyone who may be considering a career in the justice sector would be to find within yourself, that part of the change you wish to be. When you find that passion, stay true to yourself and be a voice for those who are not often heard.

52 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 ASSESSMENT AND REFERRAL COURT LIST

Assessment and Referral Court List

Program description Program aims Locations Commenced April 2010 as a pilot. Reduce risk of harm to the community by Melbourne Magistrates’ Court. Funding for further four years allocated in addressing underlying factors contributing The List sits on Tuesdays, Wednesdays and the 2015–16 State Government budget. to offending behaviour. Thursdays. A specialist problem solving court, which Improve health and wellbeing of accused In 2015–16, Deputy Chief Magistrates assists accused on bail who have a mental with mental impairment by facilitating Martin and Popovic and Magistrates Collins, illness and/or cognitive impairment by access to treatment and support services. Goldsbrough and Hardy sat in the ARC List. addressing underlying causes of offending. Increase public confidence in the criminal Participants may be involved with the justice system by improving court program for up to 12 months and attend processes and increasing options available hearings, usually monthly. to courts in response to accused with mental impairment. Hearings are interactive and support principles of therapeutic jurisprudence. Reduce the number of offenders with mental impairment received into the prison system.

ARC List Data Snapshot ARC List data is provided in accordance with Section 4S (9) of the Magistrates’ Court Act 1989 which outlines the annual reporting of the ARC List.

Referral Source 2013-14 2014-15 2015-16 CISP 17 6 6 Community Service / Organisation 3 3 5

Department of Health & Human Services 1 0 2 Legal - Community Legal Centre 8 18 14 Legal - Legal Representative 118 168 146 Magistrate 18 8 3 Self-referral 2 3 3 Victoria Police 1 0 2 TOTAL 168 206 181

Removal of matters from the ARC List prior to acceptance 2013-14 2014-15 2015-16 Not accepted onto the List 15 5 4 Removed due to non-attendance, remanded and/or further 23 53 36 offending Plea of not guilty prior to acceptance 4 0 1 Magistrate exited client from the program 12 32 24 Client death 0 3 0 Client did not wish to participate 0 6 8 TOTAL 54 99 73

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 53 SPECIALIST COURTS AND SERVICES

ARC List Data Snapshot continued

Number of persons accepted in each diagnostic criteria (primary 2013-14 2014-15 2015-16 diagnosis) Mental illness 43 58 46 Intellectual disability 7 8 10 Acquired brain injury 13 10 7 Autism spectrum disorder 3 2 0 Neurological impairment 0 0 0

Clients finalising matters in the ARC List 2013-14 2014-15 2015-16 Completed program - plea of guilty 78 81 46 Did not complete ISP - non attendance 13 3 1 Did not complete program ISP - remanded/further offending 9 8 2 Consent to participate withdrawn 2 0 0 Client death 2 0 0

Outcomes of proceedings referred to the ARC List 2013-14 2014-15 2015-16 Number of accused accepted onto the List 66 78 63 Number of accused discharged in accordance with section 4U or 4Y 7 9 2 of the Magistrates’ Court Act 1989 Number of proceedings finalised 110 128 87 Number of proceedings transferred out 54 96 74 Number of individual support plans approved 72 75 54 Number of hearings conducted in the ARC List 1,620 1,772 1,667 Number of proceedings transferred out of the ARC List in 6 4 1 accordance with section 4X(2) of the Magistrates’ Court Act 1989

54 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 COURT INTEGRATED SERVICES PROGRAM AND KOORI LIAISON OFFICER PROGRAM

Court Integrated Services Program and Koori Liaison Officer Program

CISP

Program description Program aims Locations CISP commenced in November 2006. Providing participants with short term Latrobe Valley, Melbourne, Mildura and A multi-disciplinary case management support and targeted interventions with Sunshine Magistrates’ Courts. program for accused on bail or summons. respect to a range of health and social needs. Support can range from providing referrals to community services with no Working on the causes of offending further involvement in the program, to through individualised case management case management (up to four months) support. depending on eligibility and the assessed Assisting participants to access needs of the participant. appropriate treatment and community support services.

KLO Program

Program description Program aims Locations Commenced in 2002. Address the over-representation of Koori Statewide service located at the Melbourne An outcome of the Victorian Aboriginal people in the Victorian justice system by Magistrates’ Court. Justice Agreement. working with Koori accused when they enter the court system. Since the commencement of CISP, the KLO Program has operated as part of CISP. To assist Koori people to maximise their It offers the range of services provided chances of rehabilitation through culturally by CISP to accused on bail or summons, appropriate and sensitive intervention. including case management up to four months.

CISP Data Snapshot 2015-16

Top six referrals by reason* Problems with illicit drugs 1,824 Mental illness/other mental disorder 1,289 Accommodation - Long Term 535 Accommodation - Emergency 480 Problems with alcohol 457 Acquired brain injury/cognitive impairment 279 * Please note: participants may have more than one reason for referral.

CISP top six treatment and support services to which participants referred Alcohol and other drug: including pharmacotherapy 1,721 Material aid: including travel cards, food vouchers, crisis packs and 1,128 backpack swags Mental health: including the Court’s Mental Health Court Liaison 973 Service and psychological services Housing: including the CISP Initial Assessment and Planning Service, 714 crisis and transitional housing Medical: including assessment of medical needs, medication review 523 and specialist services Men’s behaviour change programs 186

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 55 SPECIALIST COURTS AND SERVICES

Court Advice and Support Officer

Program description Program aims Locations Commenced July 2012 as a pilot and Provides advice to sitting magistrates, Melbourne Magistrates’ Court. became ongoing in December 2014. connects court users to government or Works as part of CISP at the Melbourne community services, or where appropriate, Magistrates’ Court. a court based program or victim’s service. Provides a brief intervention service for court users with complex psychosocial issues that arise in court and require urgent one off intervention.

CASO Data Snapshot 2015-16

Top six referrals by reason* 2014-15 2015-16 Legal 189 176 Mental Health 154 109 Material Aid 75 80 Accomodation 110 66 Drug and alcohol 90 57

Number of people assisted 2014-15 2015-16 Advice 15 2 Brief intervention 441 365

CISP Remand Outreach Pilot

Program description Program aims Locations Developed in collaboration with CROP CISP Assessment and Liaison CROP CALOs are based at the Dame Phyllis Corrections Victoria as an extension of Officers (CALOs) identify and address Frost Centre, the Melbourne Assessment CISP. barriers to remandees receiving bail and Prison, the Metropolitan Remand Centre and Commenced in February 2014 as facilitate bail by providing brief casework Port Phillip Prison. 12-month pilot; expanded and extended interventions. to 30 June 2016, and then further These interventions focus on linking extended to 30 June 2017. eligible remandees into appropriate CROP works with remand prisoners who community treatment and support have a realistic prospect of being granted services, such as accommodation, mental bail if appropriate community supports health and drug and alcohol treatment. were to be put in place. CROP Data Snapshot 2015-16

2014-15 2015-16 Number of remandees provided with CROP assistance 899 781 Accused received bail following CROP involvement 273 342

56 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CREDIT / BAIL SUPPORT PROGRAM

CREDIT/Bail Support Program

Program description Program aims Locations The CREDIT/Bail Support Program was To reduce the number of accused who One case manager is located at each of the created in 2004 through the merger of are remanded in custody due to a lack of following Magistrates’ Courts: the previously distinct CREDIT and the Bail accommodation or treatment and support • Ballarat. Support Program. in the community. • Broadmeadows. A pre-sentence program that seeks to Long term reduction in the participant’s • Frankston. increase the likelihood of an accused offending behaviour. • Geelong. being granted bail and successfully Successful placement of clients in drug • Heidelberg. completing a bail period. treatment and rehabilitation programs. • Moorabbin. • Ringwood. Provides case management up to four Successful completion of bail by months including access to drug and participants who would otherwise be The Dandenong Magistrates’ Court has alcohol treatment, accommodation, remanded in custody. two case managers, one of whom provides health, welfare, legal and other community a relief case manager role to CREDIT/Bail supports according to the assessed needs Support Program courts. of the participant.

CREDIT / Bail Support Program Data Snapshot 2015-16

Top six referrals by reason* Problems with illicit drugs 1,115 Mental illness/other mental disorder 786 Problems with alcohol 221 Anger management 202 Accommodation – Emergency 196 Accommodation – Long term 137

* Please note: participants may have more than one reason for referral.

Top six treatment and support services to which participants are referred Alcohol and other drug services, including pharmacotherapy 887 Mental health: including psychological services and the Mental 501 Health Court Liaison Service Material aid: including travel cards, food vouchers and key passes 377 Medical: including assessment of medical needs, general 200 practitioner and specialist services Housing: including crisis accommodation 136 Men’s Behaviour Change Program 102

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 57 SPECIALIST COURTS AND SERVICES

Criminal Justice Diversion Program and Enforcement Review Program

CJDP

Program description Program aims Locations Governed by section 59 of the Criminal Reduce the likelihood of reoffending by Diversion is available at all Magistrates’ Procedure Act 2009. tailoring an order according to the needs Courts statewide. Provides mainly first time offenders with of the offender. A Diversion Coordinator is located at each of the opportunity to avoid a criminal record, Assist offenders to avoid an accessible the following courts: by undertaking conditions that benefit criminal record. • Ballarat. the offender, victim and community as a Assist in the provision of rehabilitation • Bendigo. whole. services to the offender. • Broadmeadows. Where a charge involves a victim, the Increase the use of community resources • Dandenong. Court seeks the victim’s view of the matter. to provide counselling and treatment • Frankston. Performing voluntary work is an option services. • Geelong. • Heidelberg. in the CJDP and where possible, accused Ensure that restitution is made to the • Latrobe Valley. perform voluntary work in their local victim of the offence if appropriate. community or the area where the offence • Melbourne. was committed. Ensure the victim receives an apology if • Ringwood. appropriate. • Shepparton. Assist local community projects with • Sunshine. voluntary work and donations. • Werribee. Provide more flexibility for orders. Monitor cases and conditions (by a diversion coordinator) ensuring accountability of the offender..

CJDP Data Snapshot 2015-16

38 offenders were ordered to undertake 502 hours of voluntary work at the Salvation Army Voluntary work 514 Project. Each year offenders in the CJDP direct donations to local charities or not-for-profit organisations. In 2015–16, 3,332 offenders undertook to pay a total of $954,345.08 in donations to charities and local community projects. Approximately $350,000 of the donations ordered were directed to be paid to the Magistrates’ Court Fund. The Court Fund distributes monies to local community services. In addition, over $250,000 in donations was allocated to the Country Fire Authority, Blue Donations Ribbon Foundation, Beyond Blue, White Ribbon Foundation and the Salvation Army. Over $100,000 in donations was directed to community run safety initiatives such as Whitelion, Berry Street, Kids Under Cover, 20th Man Fund, Youth Substance Abuse Service, Road Safety Awareness, Victorian Women’s Health Program and Women’s Domestic Violence Crisis Service. Approximately $250,000 was allocated to hospitals, community health and family support centres.

Restitution $634,660.15 in restitution was undertaken to be paid to victims. There was a 6 per cent increase in the number of referrals received from various prosecuting agencies during 2015–16 compared with 2014–15. The highest number of referrals were male, representing 67 per cent of referrals received. The most commonly represented age category was the 17–25 year olds. Of the referrals received, 89 per cent of offenders were placed on a diversion plan (accepted into the Referral breakdown program), compared with 90 per cent in 2014–15. Seven hundred and nine matters were found not suitable and refused by magistrates and judicial registrars, representing 11per cent of referrals that were refused. During 2015–16, 110 accused identified as Aboriginal and/or Torres Strait Islander during the diversion interview process. During 2015–16, offenders undertook 11,607 conditions, compared with 13,174 in 2014–15. A total of 5,030 offenders successfully undertook conditions and completed their diversion Conditions plan, representing 90 per cent of all offenders who were placed on the CJDP. This is the same as in 2014–15.

58 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CRIMINAL JUSTICE DIVERSION PROGRAM AND ENFORCEMENT REVIEW PROGRAM

ERP

Program description Program aims Locations Special circumstances matters Assist members of the community who are ERP is jointly managed by the Infringements are identified by section 65 of the experiencing ‘special circumstances’ and Court and the Magistrates’ Court and Infringements Act 2006. have outstanding fines registered at the operates at the Melbourne Magistrates’ A person must demonstrate that she or Infringements Court. Court. he is unable to understand that her or his It enables the Magistrates’ Court to The Special Circumstances List also sits at conduct constitutes an offence, or control impose outcomes that appropriately the Neighbourhood Justice Centre. her or his conduct that constitutes an reflect the circumstances of the accused. offence. Special circumstances may include: • An intellectual disability. • A diagnosed mental illness. • An acquired brain injury. • A serious addiction to drugs, alcohol or a volatile substance. • Homelessness.

ERP Data Snapshot 2015-16

The ERP received 47,014 individual infringements for listing in the Special Circumstances Individual List, relating to 1,971 accused. This is a 23 per cent decrease in the number of infringements infringements received for listing and a 16 per cent decrease in the number of accused compared to 2014–15. A total 3,020 matters were listed in the Special Circumstances List. This is a 3 per cent Matters listed decrease compared to 2014–15. Of the matters listed, 1,754 were finalised by a magistrate or judicial registrar, representing an overall clearance rate of 59 per cent of the matters listed for the financial year. This is a 5 per cent increase in the clearance rate compared to 2014–15. Finalisations In 2015–16, there was a 5 per cent increase in the number of matters finalised compared to 2014–15. Of the 1,754 matters finalised, 70 per cent of accused appeared in open court and 30 per cent were heard ex parte.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 59 SPECIALIST COURTS AND SERVICES

Community Correctional Mental Health Court Liaison Youth Justice – Court Advice Services-Court Services Unit Service Service Melbourne Central Community Correctional Services The Mental Health Court Liaison Courts Unit (CCS) is a business unit of Service is a court-based assessment The Youth Justice Court Advice Corrections Victoria. CCS officers and advice service provided Service (YJCAS) is a youth specific provide pre-sentence court advice in metropolitan Melbourne by service provided by the Department to the Magistrates’, County and Forensicare, the Victorian Institute of of Health & Human Services Supreme Courts through the Forensic Mental Health. (Statutory and Forensic Services assessment of offenders in relation The aim of the service is to assist Branch) for young people aged to their suitability for a Community the Court to make appropriate 18–20 years (inclusive) appearing Corrections Order. dispositions where there is a in the criminal courts. The YJCAS Due to the volume of activity at the suspected link between a mental Melbourne Central Courts Unit Melbourne Magistrates’ Court, the illness and the commission of an is situated at the Melbourne CCS Court Advice Team is located in offence, or where it is necessary to Magistrates’ Court. the Court Services Unit at the Court. determine if a person attending the The YJCAS was established in 1998 In addition to this specialised team, Court is in need of treatment for a and forms part of the Victorian Youth CCS staff are located at (or in close mental illness. Justice statutory services system. proximity to) Magistrates’ Courts The service, initially funded by the An emphasis of the program is the statewide. This ensures that all courts Department of Health & Human rehabilitation and suitable diversion have access to CCS pre-sentence Services, was established at the of young people from the adult court advice and prosecutorial Melbourne Magistrates’ Court criminal justice system through the services. in 1994. The service was later provision of specialist youth focused expanded to provide coverage court advice and case support. The at Broadmeadows, Dandenong, YJCAS undertakes assessments Frankston, Heidelberg and Ringwood of adult offenders aged less than Magistrates’ Courts. 21 years, likely to be sentenced to prison, as to their suitability The Court funds a mental health for sentencing to a Youth Justice court liaison position at Sunshine Custodial Centre. Magistrates’ Court as part of CISP. The service is provided to the In addition to the metropolitan Melbourne Magistrates’ Court, the positions provided by Forensicare, County and Supreme Courts and the there are five half-time rural-based Court of Appeal. The YJCAS is also mental health court liaison positions available at all adult courts statewide. provided by local area mental health services that cover the Magistrates’ Courts at Ballarat, Bendigo, Geelong, Latrobe Valley and Shepparton.

60 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 DRUG COURT

imprisonment. component of the DTO and DRUG COURT commit the individual to serve their • The offence must not be a sexual imprisonment term. The Drug Court administers drug offence or involve the infliction of actual bodily harm. treatment orders (DTO) under Benefits to participants section 18z of the Sentencing Act Applicants who satisfy the eligibility 1991. Participants on a DTO receive a criteria are referred to the Drug Benefits for Drug Court participants judicially supervised, therapeutically Court for further screening and include: oriented, intensive and integrated assessment, before a final decision • Assistance to break the cycle of drug supervision and treatment is made as to their suitability for the offending. regime, which focuses on improving program. many aspects of their lives including • Abstinence from substance use. drug dependency, physical and The DTO operates for up to two • Improved health and wellbeing. mental health, homelessness, years from the date it is imposed, education and employment, self- unless it is cancelled before this time. • Improved employment and esteem and family and social Participants who fully comply with training prospects. relationships. A DTO is an innovative their DTO conditions and achieve sentencing option which enables all their specified treatment goals • Connection to local community. participants the opportunity to may graduate from the program • Reduced risk of relapse. address a range of support needs earlier than the specified two year within the community on the period. As previously outlined, in • Greater self-esteem. condition that they comply with the this event the custodial component requirements of the order. of their sentence would not need to Benefits to the community be served in recognition that a DTO include: DTOs consist of two parts: represents a term of imprisonment • Cost savings surrounding • Treatment and supervision. served in the community and this is certainly reflected in the reduced time in custody. • Custodial. intensiveness and requirements • Lower rates of recidivism. If sentenced to a DTO, the custodial of the order. The Court also has a • Fewer victims of crime. part is held in abeyance, to allow for number of mechanisms in place to treatment and supervision to take preserve community safety, ensuring • Greater sense of personal and place. Should the person complete that there is a swift response to any community safety. or graduate from the order, they are lack of compliance with the order. • Lower drug and alcohol related not required to serve this custodial health costs. term. In the event the person fails to What is required on a DTO? comply with the order or commits a Participants are expected to comply • Less welfare dependency and further offence, they can be ordered with a number of conditions, associated costs. to serve the remaining custodial including: This therapeutic jurisprudential period or be resentenced. • Frequent urine drug testing and approach is a fundamental shift from possible breath testing. the mainstream management of Eligibility Criteria offenders. In order to be considered eligible for • Regular attendance at Court a DTO, the following criteria must be Review Hearings. Significant Events in 2015–16 met: • Alcohol and drug counselling. Drug Court Expansion Project • The accused must plead guilty to • Frequent attendance at case all offences referred to the Drug management and clinical advisor The Court is delighted that the Court. appointments. Victorian Government has allocated funding through the 2016–17 State • The accused’s usual place of • Any other conditions set by the Budget to expand the Drug Court residence must be within a Drug Court to assist them in to the City of Melbourne and the postcode area as specified in the overcoming their drug or alcohol surrounding metropolitan region. gazetted Drug Court catchment. dependence. The new Melbourne Drug Court will • There must be a link between In addition, the Drug Court operate two courts and is funded to the accused’s offending Magistrate can activate various work with a maximum of 170 active and their drug or alcohol periods of imprisonment if the participants at any given time. A dependence. participant does not comply with Steering Committee chaired by Chief • The offence must be within the the conditions of the order or Magistrate Lauritsen is overseeing jurisdiction of the Court and commits further offences. The Drug the expansion project and it is punishable upon conviction by Court Magistrate may also cancel anticipated that the first court will be the treatment and supervision

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 61 SPECIALIST COURTS AND SERVICES

operational in February 2017, with participants present with multiple transitional housing. the second court commencing in July and complex vulnerabilities and 2017. histories of poly substance abuse. Conferences and Forums Drug Court Magistrate Anthony Client Snapshot Drug Court House Fire Parsons was a member of the With a cap of 60 participants on a In November 2015, the Drug Court Judicial College of Victoria’s Steering DTO at any one time, each order House was significantly damaged Committee for a Judicial Education lasting for a maximum of 2 years, through fire and staff and the Program for Drugs. the Drug Court typically imposes services, including the urinalysis In March 2016, Magistrate Parsons between 45 and 55 DTOs per year. service, had to be re-located. This delivered a paper on the Drug This financial year, the Drug Court caused significant disruption to Court to the County Court Judge’s significantly exceeded this range, participants and staff and it was Education Day at Mount Eliza. sentencing 63 people to a DTO. thanks to the resilience of the team As at 1 July 2016, the Drug Court and the support of key stakeholders, Magistrate Parsons continued his was overseeing 79 DTOs, which is all services were maintained until a involvement with the Premier’s Ice a significant increase on previous temporary relocation site was able Action Task Force. years. Of these 79 individuals, a to become operational. Many, and staggering 76 reported current or continued, thanks go to the Drug Professional Development historical methamphetamine use. Court partners, particularly at both In March 2016, the Drug Court was Corrections Victoria and Clinical Labs, The average age of a DC participant visited by Judge Hora from the for their understanding, flexibility is 35 (with 52 per cent being USA. Judge Hora is a global leader and support during this period. between 30–39 years of age). On in solution-focused courts and a Senior Judicial Fellow for both the average nine out of 10 participants Housing Needs are male and eight in 10 report being National Drug Court Institute and the The ongoing partnership between born in Australia. Eighty-two per cent Global Centre for Drug Treatment Drug Court and the Department have a recorded education level of Courts. Judge Hora gave a full day of Health & Human Services to less than Year 12 (with 63 per cent of training to the entire Drug Court provide housing for participants identifying Year 9/10 as their highest staff on the latest evidence-based who are either homeless or at level of education). Ninety-four per practices being implemented by risk of homelessness continues cent report being unemployed at drug courts worldwide and she to greatly improve outcomes for their time of initial intake. Sixty-two also sat in on the Dandenong Drug participants. This year saw 87 Drug per cent of participants have deeply Court’s proceedings and gave Court participants supported by entrenched criminal behaviour and feedback to the Court, based on her this program, 57 of supported have been imprisoned previously on observations. participants were new referrals, multiple occasions. The majority of with 36 of those being placed into

CASE STUDY: DRUG COURT Bob* commenced on a DTO in November 2014. He was released on to the DTO after serving a period of remand for his offending. Bob identified that over the years his ice use and offending had destroyed his family relationships, isolated him from the community and impaired his ability to gain employment or pursue educational avenues. Bob had a lengthy history of drug related offences and despite several years in the justice system, he had been unable to stop using. Bob claims that it was not until commencing on the DTO that he was able to make significant changes to his lifestyle and behaviour and stop using drugs for the first time in his life.

Bob identified that there were three key areas of his lifestyle that had contributed to both his substance use and offending including unresolved grief issues, ongoing association with negative peer influences and boredom. In an effort to address his substance use, Bob participated in a detox episode for eight days as arranged by his Drug Court Clinical Advisor. Despite obtaining control of his substance use, Bob was required to serve imprisonment sanctions for failing to attend his appointments and engaging in occasional use thereafter. However, following his second term of custody he presented with a greater sense of commitment to graduate from the program. He firmly stated he would not return to prison and would be remaining substance free.

Bob has steadily progressed throughout the phases of the DTO and in June 2016, surrounded by his family and the Drug Court Team, Bob graduated from the Order. Bob attributes his success to the intensive support and increased level of accountability provided by the Drug Court Program and is proud of his achievements in respect to his commitment to treatment, the elimination of crime from his life and becoming a father. The changes that Bob was able to make were so significant that he went on to present to lawyers about how the Drug Court assisted him to change his life and featured in a Victoria Legal Aid promotional video as a success story.

*not his real name

62 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 FAMILY VIOLENCE AND PERSONAL SAFETY INTERVENTION ORDERS

the last 10 years, there has been a Magistrates’ Court in 2014. FAMILY VIOLENCE 95 per cent increase in the number The Court operates a 24-hour of family violence intervention order response to urgent intervention AND PERSONAL applications finalised. The Court also order applications through its continues to finalise a high number after-hours service. The after-hours SAFETY of personal safety intervention order service is staffed by registrars and applications. INTERVENTION a duty magistrate from 5.00pm to 9.00am each weekday and all day ORDERS Structure of the Jurisdiction during the weekend and public The Court hears and determines holidays. In addition to processing The Court makes intervention intervention order applications at all urgent applications from police, orders to protect people who have venues. There are a range of services staff provide procedural information experienced violent, threatening or available at most courts to assist to police about intervention order abusive behaviour. There are two applicants with the intervention applications. types of intervention orders: order process, including court registrars, court network officers, Management of the • Family violence intervention legal services, dispute assessment Jurisdiction orders are made under the officers and community support Family Violence Protection Act agencies. Specialist family violence Deputy Chief Magistrate Felicity 2008 to protect family members registrars, applicant practitioners and Broughton and Magistrate Kate from family violence. respondent practitioners are now Hawkins hold the position of • Personal safety intervention provided at a number of locations. Supervising Magistrates, Family Violence and Family Law. Magistrate orders are made under the The Family Violence Court Division Gerard Lethbridge is the Lead Personal Safety Intervention is located at Ballarat and Heidelberg Magistrate, Personal Safety. The Orders Act 2010 to protect Courts. Its establishment and powers Supervising Magistrates have people from stalking and other are set out in the Family Violence responsibility for the Court’s prohibited behaviours where Protection Act 2008. The Division intervention order jurisdictions, both there is no family relationship, has additional specialist staff and family violence and personal safety. such as where the parties are support services, including a family The Family Violence Programs and neighbours or friends. violence registrar, family violence Initiatives Unit is responsible for Applications for an intervention practitioners, legal services and operational, workforce development order can be made by the affected community outreach services. and policy work within the person or family member, the police, Magistrates sitting in the Division jurisdiction and supporting the parents or guardians of an affected can also order eligible respondents Supervising Magistrates and Lead child and certain other persons with to attend a mandated Men’s Magistrate. Behavioural Change Program aimed leave of the Court. An application for A lead magistrate, as well as the an intervention order can be made at changing violent and abusive behaviour. senior registrar, family violence at any Magistrates’ Court in Victoria. registrar and family violence Application forms and information The Family Violence Counselling applicant and respondent about how to apply are available on Orders Program (FVCOP) operates practitioners, support operations at the Court’s Family Violence website at the Frankston and Moorabbin each of the Family Violence Court (familyviolence.courts.vic.gov.au). Magistrates’ Courts. Through this Divisions and Specialist Family program, and upon the making of Violence Courts. Intervention Order Growth a final intervention order, the Court The Family Violence Supervising can make a Counselling Order During the reporting period there Magistrates chair the Family Violence directing eligible men to attend a were: and Family Law Portfolio Committee, Men’s Behavioural Change Program. an internal committee of family • 58,934 family violence The Court has worked closely with violence magistrates. Members of intervention order applications the Department of Health & Human the Portfolio Committee provide finalised across the state Services to engage with community feedback about the operation of the (including interims). service organisations who deliver the Family Violence Protection Act 2008 Men’s Behavioural Change Program. • 15,617 personal safety and Personal Safety Intervention This program focuses on enhancing intervention order applications Orders Act 2010, lead professional the safety of women and children finalised across the state development for magistrates in the who have experienced family (including interims). jurisdiction and guide best practice violence, as well as encouraging the in family violence and intervention As the above figures indicate, the accountability of perpetrators of order proceedings. Court continues to experience family violence for their actions. The growth and demand within the FVCOP commenced at the Frankston Over the reporting period, the Court intervention order jurisdiction. Over Magistrates’ Court and Moorabbin continued its active involvement in

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a number of external family violence Royal Commission into Family Expansion of Family Violence committees and groups, including: Violence Services • The Chief Magistrate’s Family The Royal Commission into Family The Court received funding to Violence Taskforce. Violence delivered its report and 227 expand its Family Violence Services recommendations in March 2016. to all 12 headquarter courts located • The Chief Magistrate’s Family at Ballarat, Bendigo, Broadmeadows, Violence Discussion Group. The Royal Commission recognised Dandenong, Frankston, Geelong, and highlighted the integral role the • The Department of Justice & Heidelberg, Latrobe Valley, Court plays within an effective family Regulation Family Violence Melbourne, Ringwood, Shepparton violence response. Steering Committee. and Sunshine. These services The Court identified a significant enable the Court to better deal • The Family Violence Statewide number of the recommendations with family violence related Advisory Committee. that relate to improving the court proceedings, identify risks and • The Indigenous Family Violence experience for victims of family make plans to improve safety for Partnership Forum. violence, enhancing their safety victims. The Family Violence Services and ensuring perpetrators are held ensure best practice, improved • The Indigenous Family Violence accountable. information sharing processes and Regional Action Group. lead stakeholder and community Together with the Children’s Court, engagement activities. Each • The Systemic Review of Family the Court established a Steering headquarter court now employs a Violence Deaths Reference Committee to lead its response specialist family violence registrar, Group. to the recommendations. It is a who plays a key role on behalf of the key priority for the Court to work • The Victoria Police / Magistrates’ Court in leading the local region’s closely with government and Court Family Violence response to family violence. Family stakeholders to implement the Committee. violence applicant and respondent relevant recommendations of the practitioners are currently available • The Violence against Women Commission. and Children Forum. at Ballarat, Bendigo, Broadmeadows, Dandenong, Frankston, Heidelberg, The Court’s Response to Family Programs and Initiatives Melbourne, Moorabbin, Ringwood, Violence 2015–17 Sunshine and Werribee Courts. During the reporting period, the Court has explored, improved In recognition of the growing A number of planned building and implemented initiatives to proportion of family violence related initiatives are underway to further accommodate the growth within matters coming before the Court, the expand and accommodate the the intervention order jurisdiction, Court released its Response to Family practitioners to all remaining both through reviews of internal Violence in November 2014. The headquarter courts. procedures and listing practices, Court’s vision in response to family violence is to “increase the safety of Video Conferencing Pilot information technology reform women and children by ensuring a and in partnership with other The Court, in conjunction with consistent service across the state, stakeholders. support and legal services, has delivered with greater sensitivity, developed a Family Violence Video Review of the Standard Conditions ensuring co-ordination and efficiency Conferencing Pilot to improve in the management of cases, and the The Court has recently undertaken access to courts and provide ability to refer victims and offenders a review of the standard conditions alternative arrangements for victims to services”. In considering the of family violence intervention and witnesses to give evidence in current demand for family violence orders. Working with the Centre family violence matters. The video related matters coming before the for Innovative Justice, the Court conferencing technology enhances Court, six strategic priorities have undertook wide-ranging stakeholder the safety and security of applicants been identified: consultation to develop the new set by enabling them to appear at court of conditions which are in simple • Expansion of family violence via video conferencing from remote and plain language. The revised services. locations. The technology also allows conditions will also undergo user victims to have access to legal and • Video Conferencing Pilot. testing to ensure their effectiveness support services from the remote location. This Pilot commenced at prior to their commencement in late • Fast tracking listing model. 2016. Melbourne Magistrates’ Court in July • Professional development. 2015 and will be commencing at Heidelberg Magistrates’ Court in late • Online engagement. 2016. The outcomes of the Pilot will • Improved use of technology and be evaluated and the Court will work information sharing. with partner agencies to make this

64 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 FAMILY VIOLENCE AND PERSONAL SAFETY INTERVENTION ORDERS

approach accessible at other courts for trainee court registrars. Case Improved Use of Technology and throughout the state. managers and frontline managers Information Sharing from a number of the court support The Family Violence Online Fast Tracking Listing Model services have also received training Application Form was launched at The Court has worked closely on the dynamics of family violence the Neighbourhood Justice Centre with Victoria Police and Victoria and the use of Common Risk in July 2015. The initiative enables Legal Aid to develop a listing Assessment Framework and have victims of family violence seeking model that ensures family violence attended a workshop run by the the protection of an intervention related criminal charges, including specialist provider No to Violence on order to apply online. The pilot contraventions of intervention working with perpetrators of family will be rolled out to Ringwood and orders, are listed before a court violence. Warrnambool Courts in September within set timeframes. The fast 2016. tracking listing model aims to The Court has provided internal improve perpetrator accountability professional development for As part of this project, the Court and enhance the safety of victims by magistrates including induction for also engaged a service design team having criminal matters dealt with as new magistrates and regular whole to review the end-to-end court early as possible. This model initially of court professional development experience for victims seeking an commenced at the Dandenong days on various aspects of family intervention order. A number of Magistrates’ Court on 1 December violence theory, practice, legislation recommendations were made and 2014. It has since commenced at and legal developments. the Court will look to implement the Broadmeadows and Shepparton The Court collaborated with the these initiatives to improve people’s Magistrates’ Courts in August Judicial College of Victoria to experience at court. 2015, Ringwood and Ballarat develop and provide an ongoing The Court and Victoria Police Magistrates’ Courts in October best practice curriculum of family have worked closely to develop 2015 and Frankston and Moorabbin violence education to all magistrates an electronic interface between Magistrates’ Court in May 2016. in Victoria. The two–day course ran the Court’s case management A process review of the operation over three sessions, focusing on the system, Courtlink and the police of the fast tracking listing model is social context of family violence. The database, LEAP, to enable currently underway. The outcomes of last session was held in February intervention order information to this review will inform the statewide 2016. be electronically sent between the two organisations. This project implementation of this project. Planning is underway to develop a ensures that both organisations have second tranche of this specialised Professional Development timely and accurate information professional development. Professional development in family concerning intervention orders and violence for magistrates and court The Court continues to develop family violence related criminal staff continues to be a priority to and provide opportunities to the proceedings. ensure an effective response by the judiciary and staff to enhance their Court to family violence. The Court knowledge and understanding of Koori Family Violence and has provided specially designed family violence. Victims Support Program induction programs for family Online Engagement The Koori Family Violence and violence registrars and applicant Victims Support Program operated and respondent practitioner roles. The Court received a grant of at the Melbourne Magistrates’ Court The Court conducted a number of funding from the Victorian Law until 30 June 2016 when funding professional development sessions Foundation to develop and was stopped. The Program assisted for specialist staff throughout the publish a new website specifically Aboriginal and Torres Strait Islander year, including; how to engage with for information relating to family families who had a family violence violence and intervention orders, to men non-collusively (facilitated by related matter before the Court. The remove barriers for self-represented the Men’s Referral Service), vicarious Program engaged a Women’s Family litigants that prevent access to trauma training, motivational Violence Practitioner to provide justice. The Court’s family violence interviewing, ASIST Suicide support and information about the website Prevention training and technology (familyviolence.courts. court process and family violence training. vic.gov.au) was launched on White services. Although the program was Ribbon Day in November 2015. Family violence has also been based at Melbourne, the service was The website is a ‘one-stop shop’ for incorporated as an area of focus offered and provided to all courts information on intervention orders in a number of the Court’s training across the state. and includes written content, videos programs for staff, including and helpful links to family violence induction of all new court staff resources. and trainee court registrars and the Certificate in Court Services

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Chief Magistrate’s Family In any year, the Court deals with • Recovery orders for the return of Violence Taskforce a variety of applications at all its a child under section 67U of the locations. These include: Family Law Act 1975 (Cth). This Taskforce was established • Children’s matters either on an • The appointment of in November 2014 with the sole interim basis or by consent. independent children’s lawyers purpose of forming a high-level under section 68L of the Family leadership group to discuss issues • Property and maintenance Law Act 1975 (Cth). relating to family violence in Victoria. proceedings arising from married and de facto • Consent to the marriage of The Taskforce has undertaken a relationships if the value does minors under section 12 of the scan of government and community not exceed $20,000 or the Marriage Act 1961 (Cth). resources that presently support the parties consent. victims and perpetrators of family Exercising Family Law Jurisdiction violence and formulated views to • Child maintenance orders under in Family Violence Cases enhance or improve those resources. section 66G of the Family Law There is an important relationship Act 1975 (Cth). Since the Royal Commission, between the family law and the the Taskforce has undertaken an • Section 117 departure orders family violence jurisdiction of the advisory role to government on for assessments in special Court. Many incidents of violence issues relating to the intersection of circumstances under the Child occur in the context of ongoing family violence and the courts and Support (Assessment) Act 1989 parenting arrangements following justice system. (Cth). separation or divorce. Section 90(2) of the Family Violence Protection • Declarations relating to whether Act 2008 requires the Court to use Family Law Jurisdiction persons should be assessed its power under section 68R of from payment of child support The Court has jurisdiction to deal the Family Law Act 1975 (Cth), to under section 106 of the Child with a number of cases under the revive, vary, discharge or suspend Support (Assessment) Act 1989 Family Law Act 1975 (Cth), the Child the provisions of family law orders (Cth). Support (Assessment) Act 1989 (Cth) relating to contact if the family and the Marriage Act 1961 (Cth). • Declarations of parentage under law order is inconsistent with the Access to the family law jurisdiction section 69VA of the Family Law conditions of an intervention order in the Court is particularly valuable Act 1975 (Cth). the court proposes to make. for rural residents because sittings of the Federal Magistrates’ Court • Injunctions for the welfare of and Family Court may not occur children under section 68B of frequently in country areas. the Family Law Act 1975 (Cth).

66 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 FAMILY VIOLENCE AND PERSONAL SAFETY INTERVENTION ORDERS

CASE STUDY: FAMILY VIOLENCE An integrated response to family violence is vital to ensure that victims are supported throughout the court process, risks are identified at the earliest possible stage and appropriate referrals and safety plans are made. Specialist Family Violence Services are available at a number of courts across Victoria, where specially trained staff are available and victims applying for an intervention order can seamlessly access a number of legal and support services. These services ensure that the Court is more accessible to victims of family violence. Adina* arrived at Sunshine Magistrates’ Court after the police had searched her house on an unrelated matter, resulting in Taye* becoming verbally abusive towards her and her children. Adina was from an Ethiopian background and had arrived in Australia in December 2013, with her husband, Taye and her three daughters (12 year old twins and a four year old). Adina and Taye had been in a relationship for 15 years. Adina presented at the family violence counter visibly distressed. After a short conversation with the specialist family violence registrar, concerning risk factors were identified and she was referred to the family violence applicant practitioner, Nadine*. Nadine conducted a comprehensive risk assessment, discussed the court process and created a safety plan with Adina. Throughout the risk assessment, Adina reported that Taye had threatened to take the children if she ever tried to leave him. Adina indicated that the reason she has decided to leave is that she could see that his behaviour was now having an effect on the children. She stated that they were too scared to sleep by themselves due to constant fear of their father. Nadine made a notification to child protection for the ongoing welfare and safety of the children. Adina supported this notification and was relieved to gain assistance and support to understand the child protection system. Adina reported to Nadine that Taye was constantly verbally abusive and had defamed her to their community members telling them she had an affair. He would get drunk and threaten to smash bottles over her head if she didn’t admit to the affair. In the past, he had threatened her with kitchen knives and had sexually assaulted her on numerous occasions. Nadine referred Adina to the inTouch Legal Service onsite at the Court. Adina commented that it was so validating and supportive meeting people that understood her situation and the cultural implications as well. The inTouch lawyer represented her in the interim proceeding where she was granted her interim order. They were also able to assist her to make applications to the Family Court. Nadine made a referral to the onsite Centrelink Social Worker who was able to redirect the account her payments were going to and increase the security on her account and information. The Worker also assisted her with a crisis payment and application for special benefits. Nadine also made a referral to the local community family violence service who assisted her to urgently change the locks on her property and accepted her as a client for case management. When Adina returned to court for the next hearing, arrangements had been made for her to use the remote witness facility. She was supported by a Court Network Family Violence volunteer. Adina commented that she never felt scared while she was at court, she felt people understood and wanted to help. Adina was granted a final intervention order with full conditions. She remains in her home with her three children. She is still being supported by inTouch Legal Service and the family violence service as she finalises her Family Court proceedings. Adina commented that the range of specialist staff and services available at court helped her navigate the court system and made her feel supported through the process. *Not their real names.

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needs of Koori accused and assist 2016 were ‘Our History’, ‘Our Story’ KOORI COURT them to address issues relating to and ‘Our Future’. These themes their offending behaviour. were derived from the State of The need for a Koori Court arose Reconciliation in Australia Report, due to the over representation of Current Locations which asked all Australians to reflect Aboriginal and Torres Strait Islander on Australia’s national identity and people across all levels of the The Koori Court Program has the place of Aboriginal and Torres criminal justice system. grown from the pilot locations Strait Islander histories, cultures and of Shepparton (2002) and In 2001 when the Magistrates’ rights in the nation’s story. These Broadmeadows (2003). In 2014–15, Koori Court Pilot commenced, themes were reflected in much of the Koori Court sat regularly it was estimated that Koories the conference discussion in context at Bairnsdale, Broadmeadows, were 12 times more likely to be of healing, strengthening identity Latrobe Valley, Melbourne, Mildura, imprisoned than other Victorians. and moving forward. Shepparton, Swan Hill, Warrnambool The Koori Court is a division of the (on circuit to Hamilton and Portland) Magistrates’ Court and is established Magistrates’ and Children’s and Geelong. Children’s Koori under the Magistrates’ Court Act Courts also operated at Bairnsdale, Koori Court Expansion 1989. The Koori Court offers an Latrobe Valley, Melbourne (circuit alternative approach to sentencing Following consultation with the to Dandenong and Heidelberg), by enhancing the ability of the Court Koori community and associated Mildura, Shepparton, Swan Hill, to address the underlying issues stakeholders in Geelong, the Warrnambool (circuit to Hamilton that lead to a person’s offending Koori Court Unit assisted with the and Portland) and Geelong. behaviour. expansion of the Koori Court at the Approximately 30 magistrates Geelong Magistrates’ Court. The The Koori Court has the following regularly sit at the various Koori Geelong Koori Court launch was criminal justice and community- Court locations around the state. very successful and attended by building aims: over 100 guests. Those included • To reduce Aboriginal over- Staff key stakeholders, court staff and representation in the prison the Koori community. The Geelong system. The Koori Court currently employs 85 Koori Court will now conduct sittings casual elders and respected persons at the Geelong Magistrates’ Court • To reduce the failure to appear and 14 full time operational Koori on a monthly basis. The Court will rate at Court. Court program staff members. The continue to explore options for the • To decrease the rates at which Court remains the largest employer further expansion of Koori Court sites court orders are breached. of Aboriginal and Torres Strait during 2015–16. Islander staff members within the • To reduce the rate of repeat justice sector. Stakeholder Engagement offending. In 2015–16, there were various The Koori Court held a number of • To deter crime in the community professional development activities community meetings to celebrate generally. to support the elders and respected key achievements and assist the • To increase community safety. persons and Koori Court staff. This elders and respected persons included training in the traditional to meet with key stakeholders • To increase Aboriginal language used in Swan Hill to open across the state. There were also ownership of the administration the Koori Court sitting. information sessions held to develop of the law. The Koori Court Conference 2016 a greater understanding of the • To increase positive participation was held on 26–27 May, at Phillip services and programs are available by Koori accused and the Island, Victoria. It provided an to assist Koori Court clients and community. important opportunity for elders and provide the opportunity to engage new services for the Koori Court. • To increase accountability of respected persons, judicial officers the Koori community for Koori and Koori court officers to come National Aboriginal and Islander accused. together to share experiences and Day Observance Committee Week learnings and identify key issues (NAIDOC) and reconciliation events • To promote and increase of current concern. The themes of were also coordinated throughout awareness about community the Koori Court Conference 2016 the state. codes of conduct and standards closely reflected the underling of behaviour. themes of National Sorry Day and In response to a high level of Koori Reconciliation Week. young people who are disengaged Elders and respected persons make from education attending the an important contribution to the The Conference observed National Koori Children’s Courts, the Koori Koori Court process. In addition, the Sorry Day as an opportunity to come Court Unit and the Department of Koori Court Officer, Koori accused together and share the steps towards Education & Training developed an and their families can all contribute healing for the Stolen Generations, initiative whereby a Department of during the hearing to ensure court their families and communities. The Education & Training representative orders are appropriate to the cultural themes for Reconciliation Week attends the Children’s Court sittings.

68 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 KOORI COURT

This person provides active support Listings all listed matters, which is on par with for Koori youth throughout the court previous year’s figures. process and expands education The Koori Court listed 3,448 matters During 2015–16, 70 per cent of pathways for Koori youth who come for 2015–16, which is a 2 per cent accused were male and 30 per cent into contact with the Koori Children’s increase on the 3,363 listed matters were female, showing a 5 per cent Court. for 2014–15. The number of accused has also increased slightly on the increase in the number of females Further to the successful evaluation previous year. This rise is due to accessing the Koori Court. of the partnership between the Koori the Melbourne Koori Court sitting Court Unit and the Department of weekly in 2015–16 as opposed to Ongoing Judicial Education Education & Training, this initiative fortnightly in 2014–15, leading to was expanded and a Department of In October 2015, the magistrates an increase in matters heard and who sit in Koori Court attended a Education & Training representative numbers of accused accessing the will now be present at all Koori two day meeting in Gippsland. The Koori Court. There has been a similar meeting culminated at Wulgunggo Children’s Court sittings across the rise in numbers accessing the Koori state. Ngalu where the magistrates were Court in Mildura. given the opportunity to tour the The launch of Koori Court in healing centre and meet staff and Geelong, celebration of significant Koori men undergoing Community milestone 10 year anniversaries in Correction Orders. Mildura, Melbourne Children’s and Latrobe Valley Koori Courts, has lifted the profile of Koori Courts statewide. Continued community education about the program carried out by Koori court staff and key stakeholders has also contributed to increased numbers accessing the courts. This is the third consecutive year that there has been an increase in Koori Court sittings for the Magistrates’ and Children’s Court jurisdictions. The Koori Court finalised 38 per cent of Dancers at the Geelong Koori Court opening

MAGISTRATE WALLINGTON’S KOORI COURT CASE STUDY There was a matter heard in early 2016 involving five co-accused and charges arising out of an illegal motorcycle drag race in which a young man died. One of the co-accused’s matter is being heard in the committal stream due to the fact that he was riding neck and neck with the young man who lost control of his bike and died in the resulting crash. The other four co-accused were dealt with over two days before me. The first two were in the committal mention stream but were granted summary jurisdiction. One was the young man who had flagged the start of the race and the other was the third fastest rider. The other two co-accused whose matters were heard in the Koori Court had both ridden in the race but appeared to have gone at a deliberately slow pace and it was not clear whether they were still competing at the time of the collision. On the first hearing day in the Committal Mention List, numerous members of the deceased’s family were present and there were approximately seven victim impact statements. All of these victim impact statements were read to the Court by the prosecutor except for that of the deceased young man’s sister, which she read. It was heart-breaking. The following day in Koori Court, all the family members were in Court again and wanted their victim impact statements read out again. The magistrate allowed all statements to be read out again notwithstanding that they had been read the previous day. After all seven victim impact statements had been read out, one of the Elders, Uncle Shaun, asked the accused to speak. They spoke beautifully about how terrible they felt, how they missed their mate and how they felt so bad they could hardly imagine how the family felt. They spoke about being cousins and though being very close before the accident, their feelings of grief and guilt meant that they had had no contact with each other since the accident. As the magistrate left the court room, the family of the deceased expressed how important it had been for them to hear directly from the accused as to their feelings about the loss of their son and brother. The cousins ended up hugging each other - possibly having felt forgiven by the family. Some of the family also hugged the accused. At the hearing on the day before Koori Court, the family of the deceased young man had had their say but the Koori Court process was so much more personal and cathartic than the day before.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 69 SPECIALIST COURTS AND SERVICES

number is counted). more expensive than ‘mainstream’ Neighbourhood courts, it identified that the NJC In the year of the Royal Commission bears a number of operation costs into Family Violence, 375 family Justice Centre alone, has outstanding compliance violence matters were initiated and and recidivism rates. Additionally, The Neighbourhood Justice Centre 341 finalised, up on the previous year a higher proportion of substantive (NJC) is Australia’s only community of 309 and 273 respectively (a 22 hearings (41 per cent) last more justice centre. It provides a place- per cent increase in finalised family than 15 minutes (compared to based orientation to the provision of violence matters). state average of 18 per cent) and its justice services, with its composition breadth of services is wider than CISP and practices setting it apart from Accepting supervision of clients and three per cent cheaper.5 the specialist court framework. As a sentenced for corrections orders at other Magistrates’ Courts and community justice approach the NJC These points are considered to justify an increased number of offenders prioritises community safety, at all the increased expenditure in this receiving a Community Corrections levels, in a way that is unparalleled area. The AIC also identified that the Order (CCO) and CCO with within the broader Magistrates’ comparative costs for mainstream imprisonment, the average number Court system. courts represented costs averaged of clients being supervised by the over 51 court sites, rather than Based in the City of Yarra, the NJC NJC’s Community Correctional a comparison with other similar is involved in the delivery of justice Services was approximately 120. therapeutically-oriented specialist services at a series of points in the programs. continuum of community life from Endorsing Integrated Services primary prevention programs to The AIC concluded that its research court based intervention and into the In November of 2015, the provided a foundation for a more post court sphere, aiming to increase Australian Institute of Criminology meaningful discussion of the costs community safety at all levels. (AIC) released two independent associated with community justice in investigations of the NJC. Authors, the Victorian context. The NJC magistrate hears criminal, Morgan and Brown (2015) and Ross civil and Children’s Court matters (2015) sought to establish a cost Addressing the Community Justice involving residents of the City of modelling framework for community International Summit in Chicago Yarra. The magistrate hears matters justice and a review of the impact early 2016, NJC’s Magistrate said involving moderate to high-risk of the NJC’s community justice that while the place-based justice offenders, as well as lesser offences approach on crime in the City of was designed for places with high that tend to degrade the experience Yarra respectively. prevalence of low level offending, of safety for local residents. it is clearly suitable for places with The AIC found 76.9 per cent of more serious criminality. As such, the Working in partnership with the NJC’s clients on CCOs successfully NJC’s community justice approach Court, 17 independent welfare completed their orders, compared is proving that premise community agencies and Community to the state average rate of 40.1 per justice is equally applicable, indeed, Correctional Services help clients 1 cent. more so, for those with more break the cycle of offending by entrenched histories of offending treating damaging underpinning Of note, the AIC found 22 per cent and disenfranchisement who are conditions. of offenders on NJC-imposed CCOs classified as high risk, compared to engaged in more serious offending. In addition, the NJC’s community the state average of 12 per cent.2 engagement practitioners work with Giving Citizens New Services citizens and services to overcome the Additionally, the AIC found that NJC societal factors that lead social harm. clients were less likely to reoffend in The NJC contributed to the Royal the two years after sentencing, when Commission into Family Violence, Caseload compared with matched controls.3 resulting in recommendations being made in relation to the translation During the reporting period, 3,015 While the report found criminal of a number of NJC innovations into matters were initiated, 3,849 were 4 matters were $58 (17 per cent) the broader justice sector. finalised. This is a reduction on the previous year’s figures of 4,249 and 1 Ross, Stuart, Evaluating Neighbourhood Justice: Most notably, the recommendation 4,091 respectively (the disparity rests Measuring and attributing outcomes for a community that the Court adopt an online justice program, Trends and Issues in crime and criminal on changes introduced 30 June, justice, p4 intervention order application 2015. Infringements are initiated per 2 Ibid p5 system within two years based on 3 Ibid p5 person and not per infringement. 4 Morgan & Brown, Estimating the costs associated with This means the person not the case community justice, Trends and Issues in crime and criminal justice, p5 5 Ibid p5

70 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 NEIGHBOURHOOD JUSTICE CENTRE

NJC’s electronic Family Violence have convenient way to plead guilty back in the community. Research Intervention Order application to the charges without the need to shows CCP is often more effective in (e-FVIO).6 An Australian first, e-FVIO attend court. reducing reoffending than traditional supports the Court’s access to justice justice methods.8 Reflective of the Queensland system strategic objectives by enabling on which it is based, NJC built its The NJC’s lauded community crime applicants to apply for court system using the Code for Australia prevention initiated, Smith Street protection when and where it suits Fellowship Scheme, which also Dreaming music festival, won the their safety needs. afforded the NJC a sophisticated new 2015 AIC’s Crime and Violence NJC secured $364,000 Public intranet. Prevention Award. Sector Innovation Funding to Yarra residents have been provided install e-FVIO at Ringwood and with greater access to legal help to Influencing Justice Warrnambool Magistrates’ Courts deal with the common but legally Internationally and Warrnambool’s satellite courts in complicated issues of divorce, fines, Hamilton and Portland. Use of deferred sentencing, NJC- repairs and compensation, migration styled Judicial Officer and Problem The Commission also recommended and wills through the establishment Solving Program were identified as that the Court provide an of the NJC’s first flotilla of legal pilot projects for Cambodia’s justice e-registration system based on ‘clinics’ in March 2016. system. NJC’s MyCase.7 Another Australian Supervised by senior lawyers, first, MyCase is a digital case Since 2009, Australia’s courts have volunteer university law and social management system that links each supported the development of sciences students from RMIT and court user with their lawyer, case- Cambodia’s Juvenile Justice System. LaTrobe Universities run NJC’s worker and court staff. Including Legal Help Service on Fridays. In early 2016, Cambodia’s justice airport-styled information boards Comparable services exist, but the and social welfare ministers, judicial displaying court cases and status, NJC improves the model in several officers and Cambodian Legal Aid MyCase will reduce the stress of key ways. Clients receive practical toured Australian courts, including court attendance and increase and emotional assistance because NJC to develop the system and the court efficiencies. The NJC is students work in pairs (one law, one Council of Ministers passed the first piloting MyCase and addressing social science). Students design and Juvenile Justice law largely as a result the Commission’s correlated produce the programs and train the of the tour. recommendations with the Court. next tranche of students, which gives The NJC started work with The Commission also recommended the next generation of practitioners Cambodia, Child Rights International, an integrated service model, based who will be engaged with the justice Legal Aid Cambodia, Hagar, Plan on the NJC, be used to inform the system exceptional experience. And International and UNICEF to pilot establishment of Family Violence university collaborations offers new practices and training. UNICEF will Safety Hubs throughout the state. synergistic initiatives. fund the three year implementation The Hon. Marcia Neave visited and Finally, the NJC embarked on a process, managed by Child Rights representatives from the Department collaboration with the Victorian International. of Premier and Cabinet toured the Commercial Teachers’ Association NJC several times to see first-hand to introduce community justice into how the NJC manages its family school curricula. violence list. Hearing family violence matters Taking Justice to the Street - on the same day enables the Alternative Dispute Resolution NJC to triage matters, while its Client Services triage victims into The NJC launched its Community community care, perform risk Conferencing Program (CCP) early assessments, and give clients 2016. Yarra resident groups in counselling and support. conflict now repair harm inflicted by one or both parties by developing Innovative Collaborations solutions and mending the emotional damage together. The NJC is piloting Victoria’s first online guilty plea system for less Based on the acclaimed Baltimore serious charges (usually traffic or Community Conferencing Centre, public transport). Yarra residents now CCP gives victims a voice and puts matters best suited to cultural, 6 RCFV, Recommendation 74 collective and restorative solutions 8 Restorative Justice In Australia, Australian Institute of 7 RCFV, Recommendation 63 Criminology http://bit.ly/1Ug1sNf

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 71 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

STATISTICS AND FINANCIALS

72 FINANCIAL STATEMENT

MAGISTRATES’ COURT OF VICTORIA FINANCIAL STATEMENT FOR YEAR ENDING 30 JUNE 2016

Actual Actual Note 2014-15 2015-16 $’000 $’000 REVENUE Annual Appropriations 1 73,748 79,861 Special Appropriations 39,681 43,802 Grants 2 5,026 6,224 Total Operating Revenue 118,455 129,887 EXPENSES Employee expenses 3 81,848 85,525 Depreciation and Amortisation 9,109 9,022 Interest Expense 159 142 Grants, Contracts, and Professional Services 8,744 10,072 Property Services 4 13,141 12,465 Other Operating Expenses 5 5,290 7,056 Total Operating Expenses 6 118,291 124,282 Net Operating Surplus (Deficit) 163 5,605 OTHER ECONOMIC FLOWS Revaluations and Write Downs 7 (1,528) (1,806) Net Result (1,365) 3,799 CAPITAL EXPENDITURE Capital Expenditure 8 3,144 15,043 Total Capital Expenditure 3,144 15,043

Notes to and forming part of the Financial Statements Note 1 Annual Appropriation is inclusive of Treasurers Advance funding received for recovery costs following extensive water damage to the Heidelberg Court facility. Note 2 Grants revenue reflects allocations for various programs funded by the Department of Justice & Regulation and other external organisations. Note 3 Growth in employee expenses reflects new and expanded initiatives including family violence and court support services. Note 4 Property services expenses are inclusive of rental lease costs, utilities, security, property services contracts, and general repairs and maintenance. Note 5 Other operating expenses includes general supplies and consumables, and recovery for costs incurred on behalf of other Departmental, State and Commonwealth agencies. Note 6 Operating expenses includes costs associated with court operations, judicial officers, specialist courts, court support programs, corporate and executive support and administration of the Victims of Crime Assistance Tribunal. Victims of Crime Assistance Tribunal Awards payments are excluded. Note 7 The revaluation and write down amount reflects an adjustment to the provision for long service leave during 2015–16. This is a non-budget adjustment and has no impact on the Court’s annual appropriation budget. Note 8 Capital expenditure includes costs associated with the Video Conferencing Expansion initiative, Heidelberg Court recovery works, the new Shepparton Court and a range of major maintenance and renewal programs.

This financial statement is based on data available at 4 August 2016.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 73 STATISTICS AND FINANCIALS

MAGISTRATES’ COURT OF VICTORIA STATISTICS 2015-2016

Criminal Summary 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15

Cases initiated 170,040 175,345 218,409 247,025 160,942 -35%

Cases finalised 180,754 188,537 237,452 275,552 199,960 -27%

Applications finalised 63,289 66,336 73,658 80,451 94,177 17%

Breach cases 11,226 8,907 8,060 8,806 9,466 7%

Criminal listings 575,998 591,736 684,004 766,091 683,709 -11%

Caseload Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Cases initiated 1, 2, 3 170,040 175,345 218,409 247,025 160,942 -35% Cases finalised 1, 2 180,754 188,537 237,452 275,552 199,960 -27%

Cases finalised per court region 4 Barwon South West 6,504 7,666 8,416 9,317 9,699 4% Broadmeadows 11,555 11,199 14,015 15,829 19,243 22% Dandenong 14,184 13,933 16,524 19,624 17,150 -13% Frankston 13,422 15,649 17,538 19,300 22,114 15% Gippsland 6,200 7,740 8,010 8,642 8,718 1% Grampians 4,666 5,802 6,075 6,693 6,615 -1% Heidelberg 5 14,485 13,991 15,570 13,026 9,854 -24% Hume 6,186 6,233 7,550 8,059 8,573 6% Loddon-Mallee 6,710 7,285 8,646 9,627 9,827 2% Melbourne 68,553 67,586 101,076 128,725 48,599 -62% Ringwood 10,318 10,525 12,906 15,898 15,988 1% Sunshine 16,376 19,265 19,512 18,780 21,911 17% NJC 1,595 1,663 1,614 2,032 1,669 -18% Total 180,754 188,537 237,452 275,552 199,960 -27%

Note 1: The reduction in caseload from 2014-15 to 2015-16 is the direct result of changes to the way infringement cases are processed on the case management system. Under the previous counting rules, the 2015-16 initiations would have been 272,599 (a 10 per cent increase on previous year), and the finalisations would have been 281,053 (a two per cent increase on the previous year).

Note 2: Cases initiated and finalised refer to criminal cases commenced or finalised in the Magistrates’ Court of Victoria for the financial year specified. The totals do not include some enforcement hearings, or applications.

Note 3: 2011-12 initiations have been revised down to 170,040 from 172,323. Note 4: The above totals break down the criminal cases finalised by region. Across the state, court locations are divided into 12 regions. Each region consists of a headquarter court and some regions are made up of satellite courts.

Note 5: No Court hearings were held at Heidelberg Magistrates’ Court in financial year 2015-16. Most list were transferred to Melbourne Magistrates’ Court, with others transferred to Broadmeadows and Ringwood Magistrates’ Court. Cases listed at Melbourne Magistrates’ Court will be included in the Heidelberg region statistics.

74 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CRIMINAL SUMMARY

Initiation Breakdown Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Charge and Summons 84,562 92,006 96,510 105,850 101,807 -4% Charge and Information 26,547 29,969 31,558 36,258 39,767 10% Charge and Warrant 3,034 3,470 3,874 3,949 4,230 7% Notice to Appear 100 109 287 197 216 10% Infringement Revocation 55,797 49,791 86,180 100,771 14,922 -85% Total 170,040 175,345 218,409 247,025 160,942 -35%

Cases in the Magistrates’ Court can be commenced by different initiation types. The Charge and Information and Charge and Warrant initiation types include the accused persons that have come before the Court in the first instance on bail or on remand.

Applications Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Application Types 1 Driver’s Licence Eligibility Order 11,700 10,894 10,021 9,860 8,037 -18% applications Interlock removal applications 6,190 5,685 5,392 5,238 4,981 -5% Applications for bail 2 16,791 20,118 24,248 29,074 35,667 23% Applications for bail variation 2 8,251 9,307 9,954 10,648 11,130 5% Application for revocation of bail 2 2,251 2,693 3,447 4,252 5,006 18% Rehearing applications 1,440 1,281 1,799 1,747 2,543 46% Application to vary or cancel sentencing order 1,551 1,332 1,658 1,733 1,836 6% Application for restoration of suspended 1,964 906 294 94 37 -61% sentence Application under section 84U Road Safety 218 542 373 510 831 63% Act 1986 Application to question/investigate a 680 763 692 118 59 -50% person in custody Application for forfeiture of property 408 402 413 490 465 -5% Application for forensic procedure 1,088 1,164 1,231 2,431 5,878 142% Application for special mention 1,247 1,025 947 890 849 -5% Committal related applications 1,794 1,767 1,799 1,763 1,739 -1% Infringement related applications 4,735 4,047 6,380 7,258 9,636 33% All remaining applications 2,981 4,410 5,010 4,615 5,483 19% Applications finalised 63,289 66,336 73,658 80,721 94,177 17%

Note 1: There are many different types of applications that can be determined in the criminal jurisdiction of the Magistrates’ Court of Victoria. Some applications are heard in conjunction with a case also before the Court, whereas others can be listed independent of a pending case. This total is capturing applications where a formal application is filed with the Magistrates’ Court. Common application types are highlighted above. Note 2: Bail related applications include both applications formally filed with the Court and applications heard in open court where no formal application has been filed with the Court.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 75 STATISTICS AND FINANCIALS

Breaches of sentencing orders Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Number of cases listed for a breach of 9,262 6,894 6,158 6,826 8,264 21% sentencing order Number of cases listed for restoration of 1,964 2,013 1,902 1,980 1,202 -39% suspended sentence Total 11,226 8,907 8,060 8,806 9,466 7% Finalised cases with particular sentencing orders can be relisted at the Magistrates’ Court under breach proceedings if a charge is issued. These hearings are attached to the original case and are not counted as part of the Budget Paper No. 3 reporting requirements. The above are the number of breach cases that had their first listing in the specified financial year.

Committals and Appeals Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Committal proceedings finalised 1 2,785 3,265 3,156 2,839 2,842 0% Appeals lodged against conviction and/or 2 2,378 2,804 2,713 2,875 2,988 4% sentence

Note 1: The above total is included in the finalisations reported to the Government as part of Budget Paper No. 3 requirements. Note 2: Appeals lodged against conviction and/or sentence to the County Court.

Infringements Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Appeals against Infringement Registrar’s refusal 1 23,897 24,958 45,556 43,102 70,508 64% to revoke enforcement Infringement revocations granted and defaulted 1 3,201 2,036 3,433 2,310 5,221 126% to Magistrates’ Court Infringement matters referred to the special 1 28,564 22,716 37,050 55,184 49,537 -10% circumstances list of the Magistrates’ Court Total matters referred to the Magistrates’ 55,662 49,710 86,039 100,596 125,266 25% Court from the Infringements Court

Infringement warrant case initiations 2 2,656 2,395 3,666 4,579 4,263 -7% Individual infringement warrant initiations 2 171,260 172,328 266,661 310,570 280,259 -10%

Note 1: Enforcement matters dealt with by the Infringements Court can be referred to the Magistrates' Court for determination or election to appeal by the person or company subject to the enforcement. If referred to the Magistrates' Court, these cases are counted in the Magistrates' Court finalisations in the caseload section. Note 2: Infringement warrant case initiations counts the number of people who have been referred to the Magistrates’ Court by the Sheriff’s Office of Victoria on unpaid warrants for fines. Individual infringement warrant initiations refers to the number of individual warrants that have been listed before the Court for enforcement. These cases are not captured as part of the Budget Paper No. 3 reporting requirements.

No appearances by accused Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Warrants to arrest issued by the Magistrates' 33,740 38,237 43,935 53,085 62,316 16% Court Matters determined at an ex parte hearing 3,410 2,476 2,272 1,639 1,468 -10%

If an accused fails to appear on the listed Court date, a magistrate may issue a warrant to arrest. If a warrant is executed, the person subject to the warrant will be bailed or remanded to the Magistrates’ Court.

76 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CRIMINAL SUMMARY

Timeliness Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Criminal cases finalised within six months 88.9% 88.1% 87.0% 89.9% 84.3% -6% Number of cases pending as at 30 June 2015 32,149 36,686 39,127 45,762 44,254 -3% Of the pending cases, the amount of cases that have been pending for over 12 months 2,782 2,777 3,065 3,192 3,853 21%

The Magistrates’ Court aims to finalise 85 per cent of criminal cases within 6 months or less. The Magistrates’ Court of Victoria is required to report to the Government on this target as part of Budget Paper No. 3 requirements.

Listings Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Total listings in the Magistrates’ Court of 1 575,998 591,736 684,004 766,091 683,709 -11% Victoria Common hearing types 2 Mention listings 255,919 269,644 323,147 354,551 305,068 -14% Plea of guilty listings 42,760 47,049 51,403 59,552 62,461 5% Contest mention listings 12,350 12,048 13,499 15,707 16,900 8% Contested hearing listings 10,523 10,117 9,062 8,175 8,657 6% Application listings 110,279 104,906 137,232 136,239 75,042 -45% Breach sentencing order listings 28,329 24,276 21,870 24,768 29,086 17% Restoration of suspended sentence listings 3,432 3,636 3,532 3,744 2,621 -30% Judicial monitoring listings - 1,745 2,227 3,233 4,412 36%

Note 1: Total listings include all cases and applications that have been before the Court for a hearing in the specified financial year. Note 2: The above table highlights the common listings types of the Magistrates’ Court. Important: A case can be determined by plea of guilty at different stages of a court proceeding, not limited to the plea of guilty hearing type.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 77 STATISTICS AND FINANCIALS

Top 25 Charges 2015-16

% Difference Rank* Offence 2014-15 2014-15 2015- 16

1 (1) Drive vehicle unregistered in toll zone (Citylink) 36,696 45,834 25%

2 (2) Theft 31,012 33,852 9%

3 (5) Drive vehicle unregistered in toll zone (Eastlink) 17,924 27,300 52%

4 (4) Contravene Family Violence intervention order 18,343 21,274 16%

5 (3) Drive whilst disqualified, suspended or cancelled 20,965 20,412 -3%

6 (7) Possession / attempted possession of a drug of dependence 16,260 18,146 12%

7 (8) Exceed speed limit 15,579 17,850 15%

8 (6) Unlawful assault 17,168 17,253 0%

9 (9) Obtain property by deception 15,005 15,386 3%

10 (10) Fail to answer bail 11,610 11,704 1%

11 (11) Intentionally / recklessly cause injury 11,307 10,164 -10%

12 (13) Criminal damage 9,603 9,888 3%

13 (12) Exceeded prescribed concentration of alcohol (incl. refuse PBT) 10,835 9,731 -10%

14 (14) Use unregistered motor vehicle / trailer 8,490 9,326 10%

15 (20) Commit indictable offence whilst on bail 5,339 8,943 68%

16 (17) Handle / receive / retain stolen goods 6,081 8,788 45%

17 (15) Park for longer than indicated 7,464 7,937 6%

18 (16) Unlicensed driving 7,200 7,740 8%

19 (18) Deal property suspected proceeds of crime 6,607 6,192 -6%

20 -- Contravene conduct condition of bail n/a 6,118 n/a

21 (19) Burglary 5,684 5,910 4%

22 -- Fail to furnish tax information n/a 5,826 n/a

23 (23) Fail to pay parking fine 4,800 5,747 20%

24 (22) Careless driving 5,242 5,163 -2%

25 (25) Attempt to commit an indictable offence 4,358 4,491 3%

*2014-15 ranking in brackets

Finalised charges include all charges filed with the Magistrates’ Court of Victoria that have been found proven, not proven, withdrawn by the prosecuting agency or committed to a higher jurisdiction within the financial year.

78 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CIVIL SUMMARY

Civil Summary 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15

Complaints issued 56,174 52,442 46,095 41,884 37,209 -11%

Claims finalised 36,836 34,182 54,686 50,824 46,231 -9%

Total number of cases where a 7,806 7,495 7,502 7,570 7,240 -4% defence notice filed

Applications finalised 14,953 14,375 13,917 14,152 14,662 4%

Complaints Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Complaints issued or filed Up to $10,000 claimed 44,587 40,098 34,121 30,567 26,757 -12% More than $10,000 claimed 11,587 12,344 11,974 11,317 10,452 -8% Total complaints issued 56,174 52,442 46,095 41,884 37,209 -11% Complaints can be filed in the Magistrates’ Court of Victoria for a monetary value up to $100,000.

Claims finalised Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Defended claims finalised at a 1 hearing Arbitration 2,218 2,269 2,001 1,808 2,200 22% Hearing 2,266 2,279 2,093 1,937 2,060 6% Pre-hearing conference or mediation 1,791 1,545 1,571 1,300 1,080 -17% Any other hearing type 1,529 1,467 1,874 2,519 1,828 -27% Total of defended claims finalised at 7,804 7,560 7,539 7,564 7,168 -5% a hearing

Default Orders Made 2 30,561 28,089 26,096 24,675 20,961 -15%

Complaints dismissed (under Rule 21.11 of Magistrates’ Court Civil Procedure Rules 2010) 3 n/a n/a 22,925 21,104 18,102 -14%

Total claims finalised 4, 5 38,365 39,649 56,560 53,343 46,231 -13%

Note 1: Cases where defences have been lodged and have been finalised, sorted by the hearing type where the matter was finalised. Note 2: Plaintiff applies to the court for an order in default of a defence being filed by the defendant. Note 3: Rule 21.11 of the Magistrates’ Court Civil Procedure Rules 2010 states that a complaint will be dismissed against any defendant three months after the expiration of the validity of service period of the complaint. Note 4: Total claims finalised is the total of both the defended claims finalised at a hearing, and default orders made. Note 5: 2013-14, 2014-15 and 2015-16 totals also include complaints dismissed (under Rule 21.11 of the Magistrates’ Court Civil Procedure Rules 2010).

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 79 STATISTICS AND FINANCIALS

Claims finalised continued Civil cases finalised per court region Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Barwon South West 1,265 1,011 938 708 703 -1% Broadmeadows 621 717 634 719 620 -14% Dandenong 2,015 1,611 2,007 1,770 1,425 -19% Frankston 1,957 1,834 1,464 1,420 1,597 12% Gippsland 699 422 440 661 478 -28% Grampians 890 923 769 758 637 -16% Heidelberg 833 701 522 462 395 -15% Hume 1,228 1,361 863 1,043 916 -12% Loddon-Mallee 2,054 1,997 1,498 1,524 1,418 -7% Melbourne 21,357 20,104 19,385 17,272 15,311 -11% Ringwood 1,667 1,762 1,415 1,298 1,176 -9% Sunshine 2,250 1,739 1,826 2,085 1,625 -22% Total 36,836 34,182 31,761 29,720 26,301 -12% The above totals break down the civil cases finalised at either arbitration, hearing, pre hearing conference or default order by region. Across the state, court locations are divided into 12 regions. Each region consists of a headquarter court and some regions are made up of satellite courts.

Defence notices Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Defence notices filed Against complaints of up to $10,000 claimed 3,186 3,006 2,657 2,621 2,791 6% Against complaints of more than $10,000 claimed 3,191 3,073 3,091 3,070 2,678 -13% Workcover defences filed 1,429 1,416 1,754 1,879 1,771 -6% Total number of cases where a defence notice 7,806 7,495 7,502 7,570 7,240 -4% filed

A defendant to a claim can file a defence within specified timeframes depending on the complaint type. Defences can be filed outside specified timeframes as long as a default order has not been made. When a defence is filed with the Magistrates’ Court, the case will be listed for either an arbitration, pre hearing conference, or mediation.

Applications Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Application Types 1 Interlocutory applications 1,309 1,438 1,195 1,146 1,216 6% Applications for preliminary discovery 129 77 36 43 18 -58% Applications for substituted service 1,697 2,039 2,669 2,887 3,612 25% Applications for summary order 92 88 72 63 71 13% Applications to extend complaint 165 175 166 185 353 91% Application for re hearing 3,383 3,270 3,150 3,227 3,390 5% Applications under s24 of Second-Hand 2 393 386 362 319 371 16% Dealers and Pawnbrokers Act 1989 All remaining applications 307 317 218 274 329 20% Enforcement applications 1 7,478 6,585 6,049 6,008 5,302 -12% Total applications finalised 14,953 14,375 13,917 14,152 14,662 4%

Note 1: There are numerous types of applications that can be determined in the civil jurisdiction of the Magistrates’ Court of Victoria. Some applications are heard in conjunction with a case also before the Court, whereas others can be listed independently of a pending case. The total applications above also capture the applications in the civil enforcement section on page 81, except for warrants to seize property. Common application types are highlighted above. Note 2: Applications under s24 of the Second-Hand Dealers and Pawnbrokers Act 1989 are generally dealt with by a Registrar. Persons who identify their property at a second hand dealer or pawn shop and have sufficient evidence to prove it is their property can apply to the Court to obtain an order to have their goods returned.

80 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 CIVIL SUMMARY

Timeliness Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Defended claims finalised within six months 81.6% 80.7% 80.9% 79.1% 79.9% 1% Defended claims pending as at 30 June 2016 1,791 1,726 1,689 1,695 1,767 4% Of the pending cases, the amount of cases 150 131 115 136 181 33% that have been pending for over 12 months The Magistrates’ Court of Victoria aims to finalise 80 per cent of civil cases within 6 months or less. The Magistrates’ Court of Victoria is required to report to the Government on this target as part of Budget Paper No. 3 requirements.

Civil enforcement Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Oral examinations finalised (including those under the Judgement Debt Recovery Act 1 5,646 4,953 4,572 4,470 3,810 -15% 1984) Attachment of earnings hearings finalised 1 1,379 1,174 1,035 1,170 1,180 1% Attachment of debt hearings finalised 1 62 79 86 77 53 -31% Applications for instalment order finalised 2 391 379 356 291 259 -11% Warrants to seize property issued 3 5,116 4,715 4,829 4,129 4,007 -3%

Total 12,594 11,300 10,878 10,137 9,309 -8% Note 1: The above are hearings where a debtor in a civil matter must attend. These hearings are conducted by a Registrar of the Court. Note 2: A debtor or creditor can apply to the Registrar for an instalment order. The applicant does not need to appear for a determination to be made. Note 3: Warrants to seize property are requested by the creditor and filed with the Sherriff’s Office of Victoria for execution.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 81 STATISTICS AND FINANCIALS

Intervention Order Summary Family Violence and Personal Safety combined 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15

Total finalised cases with one or more interim 17,741 18,954 20,152 23,365 24,256 4% orders

Total original matters finalised 36,577 39,352 39,961 43,105 43,434 1%

Total applications finalised 4,197 5,103 5,624 6,155 6,861 11%

Total matters finalised 58,515 63,409 65,737 72,625 74,551 3%

Total listings for finalised matters 96,895 98,131 99,868 111,639 122,909 10%

Caseload Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15

Family Violence intervention order (FVIO) applications finalised Finalised cases with one or more interim orders 1 12,883 13,720 15,073 17,711 18,865 7% Original matters finalised 2 27,668 29,217 29,978 32,614 33,763 4% Application for extension 3 951 1,202 1,327 1,550 1,686 9% Application for revocation 3 753 822 783 852 770 -10% Application for variation 3 2,120 2,638 3,047 3,302 3,850 17% Total 44,375 47,599 50,208 56,029 58,934 5%

Personal Safety intervention order (PSIO) applications finalised Finalised cases with one or more interim orders 1 4,858 5,234 5,079 5,654 5,391 -5% Original matters finalised 2 8,909 10,135 9,983 10,491 9,672 -8% Application for extension 3 230 237 272 266 317 19% Application for revocation 3 30 51 53 36 42 17% Application for variation 3 113 153 142 149 195 31% Total 14,140 15,810 15,529 16,596 15,617 -6%

Total FVIO and PSIO matters finalised 58,515 63,409 65,737 72,625 74,551 3%

Note 1: Interim orders can be made before a final order is made on the case. The number expresses the amount of finalised cases that had an interim order made during the case. If more than one interim order was made on a case, only one is counted in this total. Note 2: Original matters refer to finalising orders made on an application and summons, an application and warrant or a family violence safety notice. Note 3: Applications refer to application for extension, variation and revocation. These applications can occur at any time of the hearing and after a final order made. Any party to the proceeding is able to make an application.

82 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 INTERVENTION ORDER SUMMARY

Caseload continued Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15

FVIO and PSIO matters per region finalised Barwon South West 4,259 4,707 5,098 5,740 6,041 5% Broadmeadows 4,857 4,921 4,928 5,733 5,785 1% Dandenong 6,106 6,323 6,123 6,657 6,962 5% Frankston 7,224 8,451 8,342 8,828 8,353 -5% Gippsland 3,753 4,088 4,521 6,736 7,343 9% Grampians 3,526 3,533 3,963 3,447 3,968 15% Heidelberg 5,206 5,558 6,154 5,480 4,835 -12% Hume 3,309 3,896 3,800 3,700 4,098 11% Loddon-Mallee 4,853 4,898 5,247 5,700 5,663 -1% Melbourne 4,117 4,187 4,852 5,940 6,352 7% Ringwood 4,191 4,571 4,772 5,604 6,010 7% Sunshine 6,755 7,802 7,506 8,299 8,262 0% NJC 359 474 431 761 879 16% Total 58,515 63,409 65,737 72,625 74,551 3%

The above totals break down the cases finalised by region. Across the state, court locations are divided into 12 regions. Each region consists of a headquarter court and some regions are made up of satellite courts. If more than one interim order was made on a finalised case, only one one interim order is counted in these totals.

Mode of issue Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 FVIO & PSIO Applications commenced (by 1 initiation type) Application and Summons 24,833 26,875 28,101 29,496 28,093 -5% Application and Warrant 8,619 8,898 7,147 6,755 7,146 6% Family Violence Safety Notice 7,322 8,682 10,337 13,009 15,056 16% Total 40,774 44,455 45,585 49,260 50,295 2%

FVIO applications commenced (by applicant) 2 Victoria Police 18,783 21,944 23,210 26,000 27,951 8% Private application 12,709 11,936 11,925 12,318 12,118 -2%

PSIO orders commenced (by applicant) 2 Victoria Police 1,182 1,985 2,096 2,477 2,728 10% Private application 8,100 8,590 8,354 8,465 7,498 -11%

Total Victoria Police applications 19,965 23,929 25,306 28,477 30,865 8%

Total private applications 20,809 20,526 20,279 20,783 19,610 -6% Note 1: The above shows a breakdown of how the family violence or personal safety intervention order case commenced. Applications and warrants and safety notices are commenced by Victoria Police. Note 2: The above shows the breakdown between applications in which police were applicants, and private applicants.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 83 STATISTICS AND FINANCIALS

Listings Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Number of family violence listings 75,527 74,692 77,303 87,215 98,861 13% Number of personal safety intervention order 21,368 23,439 22,565 24,424 24,048 -2% listings Total 96,895 98,131 99,868 111,639 122,909 10% The above total represents the number of listings the finalised cases in the specified financial years had before completion. A case may come before the court on multiple occasions before it is finalised.

Family Law Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Total Family Law finalisations 1,243 1,082 1,204 1,088 1,050 -3%

The Magistrates’ Court of Victoria has limited powers under the Family Law Act 1975.

After hours service Notes 2011-12 2012-13 2013-14 2014-15 2015-16 % diff 14-15 Intervention order applications received by After Hours Service 11,153 11,443 11,448 10,555 10,681 6%

A significant proportion of the After Hours Service of the Magistrates’ Court of Victoria comprises of Family Violence and Personal Safety Intervention Order matters. In 2013-14, 2014-15 and 2015-16 “Intervention order applications received by After Hours Service” includes intervention orders under Family Violence Protection Act 2008 & Personal Safety Intervention Orders Act 2010. Previous years only count applications under Family Violence Protection Act 2008 .

Total referrals received by MCV family violence practitioners 2014-15 2015-16 Applicant support workers 3,930 6,268 Respondent support workers 3,275 5,050 Total 7,205 11,318

Number of counselling orders made (Men’s Behaviour Change Programs) 2014-15 2015-16 Total counselling orders made 348 395

Number of Counselling orders made (Men’s Behaviour Change Programs) by court location 2014-15 2015-16 Ballarat 88 100 Frankston 80 109 Heidelberg 144 139 Moorabbin 35 47 Total 348 395

84 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016

FURTHER INFORMATION

85 FURTHER INFORMATION

JUDICIAL OFFICERS

Magistrates Mr Phillip Goldberg Mr John O’Callaghan Mr Ian Alger Ms Anne Goldsbrough Ms Julie O’Donnell Ms Susan Armour Mr Martin Grinberg Ms Kim Parkinson Ms Megan Aumair Ms Jennifer Grubissa Mr Anthony Parsons Mr Julian Ayres Ms Carolene Gwynn Mr Richard Pithouse Ms Donna Bakos Ms Margaret Harding Ms Jelena Popovic (Deputy Chief Magistrate) Mr Thomas Barrett Mr John Hardy Ms Roslyn Porter Ms Luisa Bazzani Ms Annabel Hawkins Mr Hugh Radford Mr John Bentley Ms Kate Hawkins Mr Peter Reardon Ms Angela Bolger Ms Fiona Hayes Mr Duncan Reynolds Mr Timothy Bourke Ms Michelle Hodgson Ms Kay Robertson Ms Jennifer Bowles Mr Franz Holzer Mr Gregory Robinson Mr Barry Braun (Deputy Chief Ms Gail Hubble Magistrate) Ms Audrey Jamieson Mr Charlie Rozencwajg Ms Felicity Broughton (Deputy Mr Graham Keil Mr Ronald Saines Chief Magistrate) Ms Meagan Keogh Mr Marc Sargent Mr Gerard Bryant Dr Michael King Mr Michael Smith Mr Darrin Cain Mr Jonathan Klestadt Mr Paul Smith Ms Suzanne Cameron Ms Elizabeth Lambden Ms Sharon Smith Mr Andrew Capell Ms Catherine Lamble Mr Patrick Southey Ms Rosemary Carlin Mr Nunzio La Rosa Ms Paresa Spanos Mr Michael Coghlan Mr Peter Lauritsen (Chief Ms Pauline Spencer Ms Ann Collins Magistrate) Ms Fiona Stewart Mr Gregory Connellan Mr Dominic Lennon Mr Mark Stratmann Mr David Cottrill Mr John Lesser Ms Stella Stuthridge Mr Rodney Crisp Mr Gerard Lethbridge Mr Charles Tan Ms Jillian Crowe Ms Denise Livingstone Ms Noreen Toohey Ms Sarah Dawes Ms Mary-Anne MacCallum Ms Cynthia Toose Mr John Doherty Ms Jan Maclean Ms Jennifer Tregent Mr Peter Dotchin Ms Kay Macpherson Mr Jack Vandersteen Mr Peter Dunn Mr Lance Martin (Deputy Chief Ms Susan Wakeling Ms Michelle Ehrlich Magistrate) Ms Belinda Wallington Ms Caitlin English Ms Urfa Masood Mr Timothy Walsh Ms Rosemary Falla Mr Ross Maxted Mr Ian Watkins Mr David Fanning Ms Ann McGarvie Mr Iain West (Deputy State Mr David Faram Mr Andrew McKenna Coroner) Mr Bernard FitzGerald Mr Gregory McNamara Mr Michael Wighton Ms Lesley Fleming Mr Peter Mealy Mr Brian Wright Mr Simon Garnett Mr Peter Mellas Mr Richard Wright Mr Timothy Gattuso Ms Johanna Metcalf Mr Francis Zemljak Ms Jane Gibson Mr Peter Mithen Mr Philip Ginnane Mr Stephen Myall Mr John O’Brien

86 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 JUDICIAL OFFICERS

JUDICIAL OFFICERS

Reserve Magistrates Judicial Registrars Mr Clive Alsop Ms Ruth Andrew Mr Ross Betts Mr Julian Bartlett Mr Douglas Bolster Mr Michael Bolte Mr Phillip Byrne Ms Samantha Dixon Mr Brian Clifford Mr Graeme Horsburgh Mr Louis Hill Mr Barry Johnstone Mr Frank Jones Mr David McCann Mr Robert Kumar Ms Sharon McRae Mr Gregory Levine Mr Richard O’Keefe Mr Ian McGrane Ms Angela Soldani Mr John Murphy Mr Peter Power Mr Steven Raleigh Mr Alan Spillane Mr Ian Von Einem Mr Peter White

Magistrates and Koori Court elders meeting with representatives from the Canadian Aboriginal Legal Service in February 2016.

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 87 s

DIRECTORIESMAGISTRATES’ COURT OF VICTORIA CONTACT DETAILS

ARARAT COLAC HEIDELBERG Cnr Barkly and Ingor Streets Queen Street Jika Street PO Box 86 Ararat 3377 PO Box 200 Colac 3250 PO Box 105 Heidelberg 3084 Ph: 03 5352 1081 (DX 215272) (DX 211906) Fax: 03 5352 5172 Ph: 03 5234 3400 Ph: 03 8488 6700 BACCHUS MARSH Fax: 03 5234 3411 Fax: 03 8458 2001 Main Street CORRYONG HOPETOUN PO Box 277 Bacchus Marsh 3340 11 Jardine Street Shire Offices Ph: 03 5367 2953 Corryong 3707 Shire of Karkarooc Fax: 03 5367 7319 (C/- PO Box 50 Wodonga 3690) 75 Lascelles Street BAIRNSDALE Also see WODONGA Hopetoun 3396 (C/- PO Box 111, Horsham 3400) Nicholson Street DANDENONG Also see HORSHAM PO Box 367 Bairnsdale 3875 Cnr Foster & Pultney Streets (DX 214191) PO Box 392 Dandenong 3175 HORSHAM Ph: 03 5152 9222 (DX 211577) Roberts Avenue Fax: 03 5152 4863 Ph: 03 9767 1300 PO Box 111 Horsham 3400 BALLARAT Fax: (DX 216519) Criminal 03 9767 1399 03 5362 4444 100 Grenville Street South Ph: Civil 03 9767 1352 03 5362 4454 PO Box 604 Ballarat 3350 Fax: (DX 214276) DROMANA KERANG Ph: 03 5336 6200 Codrington Street Victoria Street Fax: 03 5336 6213 PO Box 105 Dromana 3936 PO Box 77 Kerang 3579 BENALLA Ph: 03 5984 7400 (DX 216739) 03 5984 7414 03 5452 1050 21 Bridge Street Fax: Ph: 03 5452 1673 PO Box 258 Benalla 3672 ECHUCA Fax: (DX 214469) Heygarth Street KORUMBURRA Ph: 03 5761 1400 PO Box 76 Echuca 3564 Bridge Street Fax: 03 5761 1413 Ph: 03 5480 5800 PO Box 211 Korumburra 3950 BENDIGO Fax: 03 5480 5801 Ph: 03 5658 0200 03 5658 0210 71 Pall Mall EDENHOPE Fax: PO Box 930 Bendigo 3550 Shire Offices KYNETON (DX 214508) West Wimmera Shire Council Hutton Street Ph: 03 5440 4140 49 Elizabeth Street PO Box 20 Kyneton 3444 Fax: 03 5440 4173 Edenhope 3318 Ph: 03 5422 1832 BROADMEADOWS (C/- PO Box 111, Horsham 3400) Fax: 03 5422 3634 Also see HORSHAM Cnr Pearcedale Parade and LATROBE VALLEY Dimboola Road FRANKSTON 134 Commercial Road PO Box 3235 Broadmeadows 3047 Fletcher Road PO Box 687 Morwell 3840 (DX 211268) PO Box 316 Frankston 3199 (DX 217729) Ph: 03 9221 8900 (DX 211788) Ph: 03 5116 5222 Fax: 03 9221 8901 Ph: 03 9784 5777 Fax: 03 5116 5200 CASTLEMAINE Fax: 03 9784 5757 MANSFIELD Lyttleton Street GEELONG 88 High Street PO Box 92 Castlemaine 3450 Railway Terrace PO Box 105 Mansfield 3722 Ph: 03 5472 1081 PO Box 428 Geelong 3220 Ph: 03 5775 2672 Fax: 03 5470 5616 (DX 216046) Fax: 03 5775 3003 COBRAM Ph: 03 5225 3333 MARYBOROUGH 03 5225 3392 Cnr Punt Road and High Street Fax: Clarendon Street Cobram 3644 HAMILTON PO Box 45 Maryborough 3465 (C/- PO Box 607 Shepparton 3630) Martin Street Ph: 03 5461 1046 Ph: 03 5872 2639 PO Box 422 Hamilton 3300 Fax: 03 5461 4014 Fax: 03 5871 2140 (DX 216376) Ph: 03 5572 2288 Fax: 03 5572 1653

88 MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 s

MAGISTRATES’ COURT OF VICTORIA COURT VENUES CONTACT DETAILS

MELBOURNE ORBOST STAWELL 233 William Street Wolsley Street Patrick Street GPO Box 882 Orbost 3888 PO Box 179 Stawell 3380 Melbourne 3001 (C/- PO Box 367 Bairnsdale 3875) Ph: 03 5358 1087 (DX 350080) Ph: 03 5154 1328 Fax: 03 5358 3781 Ph: 03 9628 7777 Also see BAIRNSDALE Also see ARARAT Fax: OUYEN SUNSHINE Committal Coordinator 03 9628 Shire Offices 10 Foundry Road 7733 Oke Street PO Box 435 Sunshine 3020 Criminal Coordinator 03 9628 7808 Ouyen 3490 (DX 212686) Criminal Registry 03 9628 7826 (C/- PO Box 5014, Mildura 3500) 03 9300 6200 Civil Coordinator 03 9628 7736 Ph: Also see MILDURA 03 9300 6269 Civil Pre-hearing Conf. 03 9628 7837 Fax: Civil Registry 03 9628 7728 PORTLAND SWAN HILL Family Law 03 9628 7874 67 Cliff Street 121 Curlewis Street VOCAT 03 9628 7853 PO Box 374 Portland 3305 PO Box 512 Swan Hill 3585 03 5523 1321 (DX 218991) MILDURA Ph: 03 5523 6143 03 5032 0800 56 Deakin Avenue Fax: Ph: 03 5033 0888 PO Box 5014 Mildura 3500 RINGWOOD Fax: (DX 217506) 39 Ringwood Street WANGARATTA Ph: 03 5021 6000 PO Box 333 Ringwood 3134 24 Faithful Street Fax: 03 5021 6010 (DX 212456) PO Box 504 Wangaratta 3677 03 9871 4444 (DX 219436) MOORABBIN Ph: 03 9871 4463 03 5721 0900 1140 Nepean Highway Fax: Ph: 03 5721 5483 Highett 3190 ROBINVALE Fax: PO Box 2042 Moorabbin 3189 George Street WARRNAMBOOL (DX 212145) Robinvale 3549 218 Koroit Street Ph: 03 9090 8000 (C/- PO Box 5014 Mildura 3500) PO Box 244 Warrnambool 3280 Fax: 03 9090 8001 Ph: 03 5026 4567 (DX 219592) Also see MILDURA 03 5564 1111 MYRTLEFORD Ph: 03 5564 1100 Myrtle Street SALE Fax: Myrtleford 3737 Foster Street (Princes Highway) WERRIBEE Ph: 03 5752 1868 PO Box 351 Sale 3850 Cnr Duncans Road & Salisbury Fax: 03 5752 1981 (DX 218574) Street 03 5144 2888 PO Box 196 Werribee 3030 NEIGHBOURHOOD JUSTICE Ph: CENTRE Fax: 03 5144 7954 (DX 212868) 03 9974 9300 241 Wellington Street SEYMOUR Ph: 03 9974 9301 PO Box 1142 Collingwood 3066 56 Tallarook Street Fax: (DX 211512) PO Box 235 Seymour 3660 WODONGA Ph: 03 9948 8600 (DX 218685) 5 Elgin Boulevard Fax: 03 9948 8699 Ph: 03 5735 0100 PO Box 50 Wodonga 3690 NHILL Fax: 03 5735 0101 (DX 219762) 02 6043 7000 110 MacPherson Street SHEPPARTON Ph: 02 6043 7004 Nhill 3418 14 High Street Fax: (C/- PO Box 111, Horsham 3400) PO Box 607 Shepparton 3630 WONTHAGGI Ph: 03 5391 1207 (DX 218731) Watt Street Also see HORSHAM Ph: 03 5821 4633 PO Box 104 Wonthaggi 3995 OMEO Fax: 03 5821 2374 Ph: 03 5672 1071 03 5672 4587 Shire Offices ST ARNAUD Fax: Main Street Napier Street Omeo 3898 PO Box 17 St Arnaud 3478 (C/- PO Box 367 Bairnsdale 3875) Ph: 03 5495 1092 Also see BAIRNSDALE Fax: 03 5495 1367 Also see MARYBOROUGH

MAGISTRATES’ COURT OF VICTORIA ANNUAL REPORT 2015-2016 89 www.magistratescourt.vic.gov.au www.familyviolence.vic.gov.au