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Magistrates Annual Report 2004/2005 Draft

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Magistrates Annual Report 2004/2005 Draft MAGISTRATES COURT Tasmania ANNUAL REPORT For the year ended 30 June 2005 Criminal Division Civil Division Tribunals Coronial Phone/Fax: 03 6336 2615 MAGISTRATES CHAMBERS DX: 70121, Launceston PO Box 551 Launceston Website: Tasmania 7250 www.courts.tas.gov.au/magistrate 30 November 2005 The Honourable Judy Jackson MHA Attorney-General Level 10 10 Murray Street HOBART 7000 Dear Attorney, MAGISTRATES COURT ANNUAL REPORTS 2004-2005 I take pleasure in enclosing a volume that contains my Annual Reports with regard to the Magistrates Court as required by the: • Magistrates Court Act 1987, section 17C; and • Coroners Act 1995 section 69 Yours sincerely AG Shott CHIEF MAGISTRATE Contents COURT STATEMENTS .....................................................................................................................1 VISION ....................................................................................................................... 1 VALUES ...................................................................................................................... 1 PREFACE .............................................................................................................................................1 INTRODUCTION............................................................................................................. 1 SAFE AT HOME.............................................................................................................. 1 CRIMES .................................................................................................................... 1 DIGITAL RECORDING AND VIDEO-CONFERENCING .................................................................... 1 THE COURT’S APPELLATE FUNCTIONS .................................................................................. 1 MAGISTRATES .............................................................................................................. 2 THE COURT AND ITS NATIONAL AND INTERNATIONAL INVOLVEMENT ............................................. 2 ACKNOWLEDGMENTS ...................................................................................................... 2 CRIMINAL AND GENERAL DIVISION ..................................................................................... 4 CIVIL DIVISION............................................................................................................. 4 TRIBUNALS .................................................................................................................. 4 CORONIAL DIVISION ...................................................................................................... 4 OVERVIEW MAGISTRATES COURT...........................................................................................5 THE MAGISTRATES COURT ............................................................................................... 5 CRIMINAL & GENERAL DIVISION ................................................................................ 6 CIVIL DIVISION......................................................................................................... 7 TRIBUNALS ............................................................................................................... 8 ADMINISTRATION ..................................................................................................... 8 DIVISIONS OF THE COURT..........................................................................................................16 YOUTH JUSTICE DIVISION.............................................................................................. 18 CHILDREN’S DIVISION................................................................................................... 20 ADMINISTRATIVE APPEALS DIVISION (AAD) ....................................................................... 26 RESIDENTIAL TENANCIES............................................................................................... 26 RELATIONSHIPS ACT .................................................................................................... 27 ANTI-DISCRIMINATION TRIBUNAL .................................................................................... 29 MOTOR ACCIDENTS COMPENSATION TRIBUNAL .................................................................... 34 MINING DIVISION........................................................................................................ 35 FINDINGS AND RECOMMENDATIONS .................................................................................. 41 CORONIAL INQUESTS OF SIGNIFICANT PUBLIC INTEREST ........................................................ 41 TASMANIAN ROAD SAFETY COUNCIL ................................................................................. 42 TASMANIAN TRANSPORT INDUSTRY SAFETY GROUP............................................................... 44 DISASTER PLANNING .................................................................................................... 44 TASMANIAN SUICIDE PREVENTION STEERING COMMITTEE (TSPSC) .......................................... 45 AUSTRALASIAN CORONERS’ SOCIETY INC ........................................................................... 46 MORTUARY AMBULANCE SERVICE ..................................................................................... 46 COURT OBJECTIVES - 2005-2006.........................................................................................49 CRIMES IT SYSTEM ................................................................................................... 49 SAFE AT HOME FAMILY VIOLENCE ACT 2004 IMPLEMENTATION................................................ 50 CRIMINAL & GENERAL DIVISION LEGISLATION..................................................................... 50 CIVIL REGISTRY MANAGEMENT SYSTEM ............................................................................. 50 CIVIL DIVISION........................................................................................................... 57 TRIBUNALS ................................................................................................................ 60 CRIMINAL DIVISION ..................................................................................................... 64 CORONIAL ................................................................................................................. 65 PERFORMANCE INDICATORS 2004-2005 ........................................................................... 67 CASE MANAGEMENT...................................................................................................... 69 COURTS.................................................................................................................... 73 APPENDICES Appendix A Tasmanian Legislation Administered in the Magistrates Court Appendix B Statistics Appendix C Financial Statement Appendix D Court Locations Appendix E Organisational structure Page ii COURT statements Mission Values Mission Statement Judicial independence • to ensure that the Court, as part of the third arm of government, remains independent in the The mission of the Magistrates Court of Tasmania is to serve the community by providing access to an exercise of its judicial functions from the accountable, independent and impartial system of Executive and Legislature, and is understood by justice administered according to law. the community to be so. • to be aware of the context in which administrative support for the Court is provided by the Executive Government to the intent, however, that in delivering its services to the community the Magistrates Court has control over, and is accountable for, its administration to the maximum extent consistent with its role and responsibilities within the justice system. Accountability Vision • to be accountable for the performance of our judicial and administrative functions • to use our resources efficiently and effectively in Vision Statement accordance with sound practice and principle The Magistrates Court of Tasmania has as its vision the achievement of professionalism and excellence in Community trust and confidence the timely, effective and efficient access to, and • to be independent and to act independently administration of, a cohesive system of justice for the • to act impartially and without bias benefit of the community; and to maintain the rule of • to demonstrate integrity law. • to seek feedback from the Court’s users Professionalism • to pursue excellence in the services we provide • to take pride in our work • to demonstrate responsiveness to our clients and stakeholders • to maintain respect - from and for the community, and for each other • to ensure properly trained staff • to deliver a high quality of service • to maintain a friendly and happy work environment • to value team work • to recognise and use effectively the knowledge of all officers of the Court PREFACE Introduction This volume contains two reports: • The Annual Report as required by the Magistrates Court Act 1987 section 17C in respect of each “lower Court”, and • The Annual Report as required by the Coroners Act 1995 section 69 in respect of the Magistrates Court (Coronial Division). Once again, I am pleased to be able to report that the year has been one of substantial achievement for the Magistrates Court. This volume details those achievements and the work of the Court generally. However, I wish to emphasize some particular matters of significance. Safe at home The enactment of the Family Violence Act
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