General ’s legal system

An introduction to the legal system in Victoria This guide has been developed to help you understand how Victoria’s legal sector works. It explains which laws apply in Victoria and who’s who in the legal sector. It will also point you in the direction of other resources if you want to know more.

Find out more at... www. victorialaw foundation. org.au Contents

Laws in Victoria 6 Government 26 Where do laws come from? 8 Attorney-General of Victoria 26 The Australian Constitution 8 Department of Justice and Regulation 26 Victorian and federal legislation 10 Director of Public Prosecutions and 26 the Office of Public Prosecutions Common law 10 Commonwealth Director of 28 Public Prosecutions The legal sector in Victoria 12 28 Courts and tribunals 14 Australian Federal Police 28 Court Services Victoria 14 The legal profession 30 Victorian courts and tribunals 16 The profession 30 Supreme Court of Victoria 16 Solicitors 30 of Victoria 16 Barristers 30 Magistrates’ Court of Victoria 18 Professional associations 30 Children’s Court of Victoria 20 Law Institute of Victoria 30 Coroners Court of Victoria 21 Victorian Bar 32 Neighbourhood Justice Centre 22 Regulating the profession 32 Victorian Civil and Administrative 23 Victorian Legal Services Board 32 Tribunal (VCAT) + Commissioner Victims of Crime Assistance Tribunal 23 Independent legal services 34 Federal courts and tribunals 24 Victoria Legal Aid 34 High Court of 24 Community legal centres 34 Federal Court of Australia 24 Law reform 36 Family Court of Australia 25 Victorian Law Reform Commission 36 Federal Circuit Court 25 of Australia Sentencing Advisory Council 36 Administrative Appeals Tribunal 25 Australian Law Reform Commission 36 (AAT) Public education in the law 38 Victoria Law Foundation 38

3 Victoria’s Laws in Victoria legal system Where do laws come from? There are many different people and organisations The Australian Constitution that make up Victoria’s legal Victorian legislation sector, working together to Federal legislation provide a fair and accessible Common law justice system for all Victorians. This diagram lists the sources of law that apply in Victoria and the different organisations that form Victoria’s legal sector.

4 Victoria’s legal system Victoria’s legal sector

Courts and tribunals Legal profession Victorian courts and tribunals Practitioners Supreme Court of Victoria Solicitors County Court of Victoria Barristers Magistrates’ Court of Victoria Professional associations Children’s Court of Victoria Law Institute of Victoria Coroners Court of Victoria Victorian Bar Neighbourhood Justice Centre Victorian Civil and Administrative Regulating the profession Tribunal (VCAT) Victorian Legal Services Board Victims of Crime Assistance Victorian Legal Services Tribunal Commissioner

Federal courts and tribunals Independent Federal Court of Australia legal services Family Court of Australia Victoria Legal Aid Federal Circuit Court of Australia Community legal centres Administrative Appeals Tribunal (AAT) Law reform

Victorian Law Reform Commission Government Sentencing Advisory Council Attorney-General Australian Law Reform Commission Department of Justice and Regulation Director of Public Prosecutions and Office of Public Prosecutions Public education in the law Commonwealth Director of Public Prosecutions Victoria Law Foundation Victoria Police Australian Federal Police Laws in Victoria

In Australia we have a federal system of government that governs all Australian states and territories; therefore people in Victoria are subject to both federal and Victorian laws.

Under our federal system, power to make laws is shared between the federal parliament in Canberra and each state parliament.

The federal parliament has power to make laws that affect all of Australia, whereas the Victorian parliament can only make laws that affect Victoria. To reduce confusion, the Australian Constitution outlines the laws that can be made by the federal parliament.

This section will introduce you to the laws that affect you in Victoria and explain where the laws come from.

6 Victoria’s legal system The Australian Constitution provides a framework for the development of all laws in Australia. Where do laws come from?

The laws that affect you The Australian Constitution as a Victorian come from The Australian Constitution is Australia’s several different sources: supreme law, providing a framework for the the Australian Constitution, development of all other laws in Australia by Victorian legislation, federal establishing the division of power between the federal and state parliaments. The legislation and common law. Constitution also provides fundamental laws and protections for all Australians. The Australian Constitution was passed in 1900 to ensure greater cooperation between the states, which had been operating as six self-governing British colonies since European settlement. Under the Constitution, the federal government has the ability to make laws for all Australians— allowing a more coordinated approach to the development of laws of national significance, such as those relating to defence. In agreeing to the Australian Constitution, the states passed some power to the federal government to make laws for the whole country, while still maintaining the power to make other laws relating to their state. The division of power established under the Australian Constitution can be changed either by the states referring powers to the Commonwealth or by a vote of the people, known as a referendum. As a result the division of power can change over time.

8 Victoria’s legal system Australia’s federal parliament sits at Parliament House in Canberra. Victorian and federal Common law legislation Common law, sometimes referred to as Victorian legislation consists of laws judge-made law, is law developed by judges made by the state Parliament of Victoria. as they decide cases. Federal legislation consists of laws made In deciding cases, judges refer to previous by the federal parliament in Canberra. decisions for guidance on how the law The federal parliament can only make law is applied. Judges must also interpret under the powers provided to it under the the meaning of legislation in relation to Australian Constitution or by agreement particular situations. They record their with the states. decisions in written judgments that are then Federal legislation affects all Australians, referred to in the future by other judges. This while Victorian legislation affects only ensures that the law is applied consistently. Victoria. At any one time there will be In this way judges clarify and sometimes hundreds of pieces of legislation in place, refine the meaning of the law, using a setting out the laws in all aspects of system of precedent. our lives. The concept of common law is hundreds of To look at examples of legislation, years old and goes back to when there was go to www.legislation.gov.au little or no written legislation. At this time for federal legislation or judges referred to other judges’ decisions to www.parliament.vic.gov.au/legislation ensure that matters coming before the court for Victorian legislation. were treated consistently.

What’s the difference between … Legislation, statutes and Acts? Nothing … All these words mean the same thing—laws made by parliament.

Commonwealth, federal and Australian parliament? Again, nothing. All three terms refer to the Australian parliament in Canberra. You can find out more about the Australian parliament at www.aph.gov.au.

10 Victoria’s legal system Left: The steps of Parliament House, Spring Street, . Below: Tom Roberts, The Opening of the First Parliament of the Commonwealth of Australia by HRH the Duke of Cornwall and York, 9 May 1901 (1903).

11 The legal sector in Victoria

In Victoria, like other states, there are many different organisations and professionals that make up the legal sector. These include courts and tribunals, the legal profession, government offices and bodies and non‑government organisations. This section of the guide outlines the different parts of the sector and what they do.

12 Victoria’s legal system The Supreme Court of Victoria is the highest court in Victoria. Courts and tribunals

Courts and tribunals apply the Court Services Victoria law in Victoria. www.courts.vic.gov.au Which court or tribunal hears Court Services Victoria is an independent a case depends on the court’s statutory body established in 2014. It or tribunal’s jurisdiction. provides the administrative services Jurisdiction refers to the areas and infrastructure necessary for the Victorian courts and Victorian Civil and of law or monetary limits that Administrative Tribunal (VCAT) to operate may be heard by a court or independently of government departments tribunal. The most serious and agencies. cases will be heard in the superior courts, while more general cases are heard in the lower courts. The highest court in Australia is the High Court of Australia.

Visiting courts You can watch most court and tribunal hearings in Australia. A list of cases sitting each day is available on individual court and tribunal websites.

14 Victoria’s legal system The County Court of Victoria hears civil, criminal and criminal appeal matters. Victorian courts and tribunals

Supreme Court of Victoria County Court of Victoria 210 William Street, Melbourne 250 William Street, Melbourne www.supremecourt.vic.gov.au www.countycourt.vic.gov.au The Supreme Court of Victoria is the highest The County Court of Victoria is headed by court in Victoria. It is headed by the Chief the Chief Judge and sits in the middle of the Justice of Victoria and was established in court hierarchy—above the Magistrates’ 1852. The Chief Justice is the most senior Court and below the Supreme Court. judicial officer in the state. The County Court hears civil, criminal and The Supreme Court is divided into two criminal appeal matters. The County Court divisions—the Court of Appeal and the hears more serious criminal cases than Trial Division. The only court that is superior the Magistrates’ Court, including matters to the Supreme Court is the High Court involving drugs, robbery, dangerous driving of Australia. The Supreme Court deals and sex offences. Criminal and civil cases with serious criminal cases and complex in the County Court may be heard before civil cases. a judge and jury or a judge alone. The Supreme Court is located in central The County Court is located in central Melbourne and travels on circuit throughout Melbourne. It also presently sits at Victoria during the year—check the Supreme 12 locations across Victoria. Details of Court website for details. when the court is sitting outside Melbourne can be found on the County Court website. Court of Appeal The Court of Appeal is a division of the The County Court was established in 1958. Supreme Court of Victoria. It is headed by Prior to this, regional courts performed the the President of the Court of Appeal and role of the County Court. hears appeals from the Trial Division of the Supreme Court and other Victorian courts and tribunals. The Chief Justice, the President of the Court of Appeal and a number of appeal justices make up the Court of Appeal. Usually three judges will hear an appeal, although five may sit if the matter is very significant. What is an appeal? Trial Division An appeal is when one The Chief Justice and Supreme Court of the parties to a case justices make up the Trial Division of the disagrees with the Supreme Court, which hears major criminal decision given by matters, including murder, and civil cases the court and seeks involving large sums of money or complex a review from a legal matters. superior court.

16 Victoria’s legal system Jury members observe proceedings in a County Court trial.

About juries Juries are an important part of Victoria’s civil and criminal law system. Juries comprise citizens randomly chosen from the electoral register and enable non-legal members of our community to participate in the administration of justice. Juries are required for serious criminal trials and some civil trials in the County and Supreme Courts. Twelve jury members sit in a criminal trial. The jury must decide if the accused person is guilty as charged. For civil trials (private disputes between parties) there are six jury members. In these cases, the jury must decide which party is at fault. Most trials take seven to ten days, but they can take longer. Jurors are paid a small amount of money by the court and their employer is required to pay them the amount they would normally earn at work, minus this small stipend. Jury duty is compulsory.

17 Magistrates’ Court Drug Court The Drug Court is a division of the of Victoria Magistrates’ Court. It handles criminal www.magistratescourt.vic.gov.au cases where the offender has a drug or alcohol problem. The Magistrates’ Court is headed by the Chief Magistrate. The Drug Court has the power to sentence offenders to a Drug Treatment Order, The Magistrates’ Court handles criminal, requiring them to undertake a drug civil and family law matters. Within the treatment program rather than spend time Magistrates’ Court there are a number in jail. But a person could still have to go to of separate jurisdictions and lists which jail if they breach the Drug Treatment Order. deal with matters on specific topics. The court also operates the Drug Court, Koori Assessment and Referral Court List Court and the Neighbourhood Justice Centre The Assessment and Referral Court List, (see page 22). located at Melbourne Magistrates’ Court, is a special list for criminal cases in the Magistrates’ Courts sit in 51 locations, Magistrates’ Court where the person and they hear most of the cases that reach accused of the crime has a mental illness court in Victoria. There are no juries in or cognitive impairment. The court process the Magistrates’ Court—each case is is more informal than in the ordinary determined by a single judicial officer. Magistrates’ Court. Criminal matters that are heard in the The Assessment and Referral Court List Magistrates’ Court include all summary aims to address the underlying factors that offences, which are less serious offences cause mentally ill people to commit crime than those heard by the County and and make sure that they have access to the Supreme Courts. The Magistrates’ Court support services they need. It was set up to also hears some more serious offences, help find alternatives to prison sentences for but only where the accused has elected mentally ill people. not to have their case heard before a jury. This court also conducts hearings called committal hearings, where a magistrate The Koori Court is a division of the decides if there is enough evidence for a Magistrates’ Court for Aboriginal (Koori) serious case to proceed to the County or Victorians who have been charged with Supreme Court. criminal offences. Koori Courts have been developed to reflect cultural issues and Bail hearings are also conducted in operate in a more informal way than the the Magistrates’ Court. This is where a Magistrates’ Court. All the participants sit magistrate decides if an accused person around a table, including the magistrate, on remand should be granted bail and prosecutor, Aboriginal elders, the accused what conditions should be imposed. person and members of their family. The matter is then discussed without technical The Magistrates’ Court can determine legal language, and the magistrate decides most civil disputes in which the disputed on a sentence that is appropriate for the amount is $100,000 or less. Most disputes offender and their community. involving larger amounts are heard in the County or Supreme Courts, but in some circumstances the Magistrates’ Court can hear cases involving an unlimited amount. The Magistrates’ Court has been operating since around 1838.

18 Victoria’s legal system High Court of Australia

Supreme Court of Victoria Federal Court Family Court Trial Division of Australia of Australia Court of Appeal

Federal County Court Circuit Court of Victoria of Australia

Magistrates’ Administrative Court of Appeals Victoria Tribunal

Children’s Coroners Court VCAT Court of of Victoria Victoria

This diagram shows some of the Which courts different courts and tribunals that operate in Victoria. and tribunals Full details of all the courts and tribunals operating in Victoria, and the types of operate in matters they deal with, can be found in this section. Victoria? Victorian courts and tribunals Federal courts and tribunals

19 Family Violence Court Division Children’s Court of Victoria Specialist Family Violence Courts are located in the Magistrates’ Courts at 477 Little Lonsdale Street, Melbourne and Heidelberg and will be expanding to www.childrenscourt.vic.gov.au , Moorabbin and Frankston in The Children’s Court handles cases involving 2018. The Division provides specialist children and young people up to the age of services that aim to: 18, and in some cases up to 19 years. It has • provide easy access to the court two divisions: the Family Division and the • promote the safety of people affected by Criminal Division. The Family Division violence deals with matters relating to the care and protection of children and young people at • increase accountability of people who risk, as well as applications for intervention have used violence against family orders. The Criminal Division deals with members, and encourage them to children and young people accused of change their behaviour committing crime. • increase the protection of children exposed to family violence. Children’s Koori Court (Criminal Family Violence Court Division features: Division) The Children’s Koori Court hears matters • specially trained applicant and relating to criminal offending by Koori respondent support workers who can children and young people, other than sexual provide support to parties when their offences. Sentences in Koori Court are the matters are before the Court same as in mainstream criminal cases but • magistrates specifically trained to hear the court process is different. An Elder or family violence matters Respected Person sits beside the judge or magistrate to give cultural advice about the • police prosecutors, outreach workers young person’s situation. They also speak to and lawyers with special training in and the young person. The judge or magistrate knowledge of family violence matters makes the sentencing decision, involving • the capacity to hear other matters at the the Koori community to reduce offending same time as Intervention Order cases. behaviour and the number of young Koori These include bail applications and pleas people sentenced to detention. in criminal cases, family law parenting order matters, and Victims of Crime Koori Family Hearing Day (Family applications related to family violence Division) • magistrates are empowered to order male The Children’s Court in Broadmeadows respondents to attend Men’s Behaviour became the first Australian court to Change Programs to change their violent establish a Koori Family Hearing Day, known and abusive behaviour. as Marram-Ngala Ganbu meaning ‘We are One’ in Woiwurrung language. It aims to improve outcomes for Koori children in child protection proceedings, providing a culturally-appropriate process to assist in The Children’s Court is decision making. It also aims to ensure that separate from the Family recognition is given to an Aboriginal child’s Court and the Federal right to be raised in his/her own culture and Circuit Court which deal the importance and value of family, kinship with family law matters. networks, culture and community in raising See page 25 for more Aboriginal children. information.

20 Victoria’s legal system Family Drug Treatment Court (Family Division) The Family Drug Treatment Court (FDTC) has been established as a three-year pilot program in the Children’s Court at Broadmeadows. The aim of the FDTC is to help parents to stop using drugs/alcohol and promote family reunification. The FDTC is chaired by a Children’s Court magistrate and is supported by a team comprising drug and alcohol clinicians and a dedicated social worker. Coroners Court of Victoria 65 Kavanagh Street, Southbank www.coronerscourt.vic.gov.au The Coroners Court investigates the cause and circumstances of some deaths and fires. Unlike other courts, it is investigative rather than adversarial. A coroner cannot find guilt or innocence, or criminal liability. Their primary purpose is to make recommendations to help prevent similar deaths or fires in the future. Not every death in Victoria is investigated by a coroner. Coroners can only investigate deaths that are unexpected, unnatural, violent or which resulted from accident or injury. This can include deaths that occur during or following a medical procedure, or where a doctor is unsure of the cause of death. A coroner must investigate the death of anyone who has died while in state custody. Coroners must also investigate reviewable deaths. Reviewable deaths occur when two or more children of the same parents have died. Formerly the State Coroner’s Office, the jurisdiction became a court in its own right with the commencement of the Coroners Act 2008 in November 2009.

21 Neighbourhood Different courts and Justice Centre tribunals operate in 241 Wellington Street, Collingwood different ways. Some www.neighbourhoodjustice.vic.gov.au courts are designed to accommodate different The Neighbourhood Justice Centre is a cultural needs, like division of the Magistrates’ Court that brings the Koori Court. Some together integrated support services and tribunals, like VCAT, community programs. It aims to tackle the are less formal to help underlying causes of criminal behaviour and people to represent disadvantage, reducing crime and improving themselves and to the wellbeing of the community. reduce the cost of going The centre’s magistrate hears Magistrates’ to court. Court and Children’s Court (criminal division) matters. VCAT and the Victims of Crime Assistance Tribunal also sit at the centre. Clients receive a broad range of services including alcohol and other drug assessment and support, mental health assistance, financial counselling, employment assistance, and specialist family violence assistance.

22 Victoria’s legal system Victorian Civil and Administrative VCAT Lists Tribunal (VCAT) Building and Property Civil Claims 55 King Street, Melbourne Guardianship www.vcat.vic.gov.au Human Rights The Victorian Civil and Administrative Tribunal (VCAT) handles a wide range of Legal Practice disputes, conducting hearings in Melbourne Owners Corporations and other locations across metropolitan and regional Victoria. Planning and Environment Residential Tenancies VCAT has nine separate lists (groups of cases that involve similar subject matter) Review and Regulation across four divisions: administrative, civil, residential tenancies, and human rights. It conducts hearings as well as alternative dispute resolution, such as mediations Victims of Crime and compulsory conferences, to help Assistance Tribunal resolve disputes. 233 William Street, Melbourne VCAT hears and determines disputes www.vocat.vic.gov.au about residential and retail tenancies, equal opportunity, domestic building, The Victims of Crime Assistance Tribunal, guardianship, legal practice, owners headed by the Chief Magistrate of the corporations, the purchase and supply of Magistrates’ Court of Victoria, gives financial goods and services, health and information assistance to Victorians who have been privacy, the sale and ownership of property, injured by an act of violent crime. This and a range of other matters. tribunal sits at most Magistrates’ Courts across Victoria. Victims of crime and their VCAT also deals with applications from families can make an application to this people seeking review of government and tribunal. The tribunal decides if they are other decisions that affect them. These entitled to financial assistance and, if so, include decisions relating to the development how much. The act of violence must have and use of land, Transport Accident occurred in Victoria, and it must have Commission findings, state taxation, resulted in injury or death to at least one legal services, WorkSafe assessments; and person. The word injury includes physical business licences, professional registrations harm, mental illness and pregnancy. It does and disciplinary proceedings across a range not include damage to property or theft. of professions and industries. The Victims of Crime Assistance Tribunal VCAT was established in 1998. was established in 1996.

23 The High Court was established in 1901 Federal courts under the Australian Constitution. The and tribunals first sitting of the High Court took place in the Banco Court of the Supreme Court in The Victorian court system includes federal Melbourne on 6 October 1903. While most courts. These are courts that apply laws sittings are held in the national capital, made by the federal parliament in Canberra. Canberra, the court may sit in the capital These courts include the Federal Court of cities of the states. Applications for special Australia, the Family Court of Australia leave are heard one day each month in and the Federal Circuit Court of Australia. Melbourne or Sydney and on occasion by The High Court of Australia is also a video link with other capital cities. Check federal court. the High Court website for visiting dates. The federal courts in Melbourne primarily sit at the Commonwealth Law Courts on Federal Court of Australia the corner of William and La Trobe streets. www.fedcourt.gov.au High Court of Australia The Federal Court of Australia deals with complex matters of federal law, including www.hcourt.gov.au shipping law, bankruptcy, corporations The High Court is Australia’s federal law, commercial and competition law, constitutional court and the highest court constitutional and administrative law, native of appeal. It is headed by the Chief Justice title and some criminal matters. The Federal of the High Court. The High Court interprets Court of Australia also deals with appeals and applies the law of Australia; decides from the Federal Circuit Court of Australia. cases of special federal significance, The Federal Court opened in 1977. including challenges to the constitutional validity of laws; and hears appeals, by special leave, from federal, state and territory courts, including the Supreme Court of Victoria. When deciding whether to grant special leave to appeal, the High Court considers whether the matter involves a question of law that is of public importance, whether there are differences of opinion between courts or within a court as to the state of the law on the matter and whether the appeal should be heard in the interests of the administration of justice.

24 Victoria’s legal system Family Court of Australia Administrative Appeals www.familycourt.gov.au Tribunal (AAT) Family law matters like disputes relating to www.aat.gov.au property and children after separation are The Administrative Appeals Tribunal dealt with under federal laws. independently reviews certain decisions The work of the Family Court has changed made under Commonwealth law. The AAT over the years, and it now generally deals reviews decisions on their merits which with appeals and with the most complex means taking a fresh look at all facts, law and and specialised family law cases that often policy relating to the decision and arriving at involve issues such as international law, their own decision. allegations of family violence, mental illness The most common types of decisions the or substance abuse. Most family law matters AAT reviews are related to: are now dealt with in the Federal Circuit • child support Court of Australia. • Commonwealth workers’ compensation Federal Circuit Court • family assistance, paid parental leave, of Australia social security and student assistance • migration and refugee visas and www.federalcircuitcourt.gov.au visa‑related decisions The Federal Circuit Court of Australia deals • taxation with 90 per cent of all family law cases in • veterans’ entitlements. Australia (except Western Australia). It also has a wide jurisdiction to hear general federal The AAT also reviews decisions relating to: law matters. In family law, the court generally • Australian citizenship deals with divorce applications, applications • bankruptcy for parenting and/or property orders, and with child support and enforcement issues. • civil aviation The court’s general federal law jurisdiction • corporations and financial services includes human rights, bankruptcy, regulation migration, industrial law, copyright and other • customs intellectual property, discrimination, privacy, • freedom of information consumer law, admiralty and administrative law. • the National Disability Insurance Scheme • passports and In Victoria, the main registries are located in Melbourne and Dandenong. The court also • security assessments by the Australian sits in a number of regional locations. Security Intelligence Organisation (ASIO). The AAT commenced operations on 1 July 1976.

25 Government

Many government bodies Director of Public deal with legal or law-related Prosecutions and the matters. The following are Office of Public Prosecutions the most significant, working directly within the legal sector. www.opp.vic.gov.au The Director of Public Prosecutions has Attorney-General of Victoria responsibility for prosecuting all indictable The Attorney-General of Victoria is the state offences under Victorian law in the High government minister responsible for the legal Court, the Supreme Court of Victoria and system in Victoria, including all the Victorian the County Court of Victoria. courts and tribunals. The person who holds In 1983, Victoria became the first jurisdiction the office of Attorney-General is an elected in Australia to establish an independent member of the Victorian Parliament. Director of Public Prosecutions. The Attorney-General is responsible for The Office of Public Prosecutions is an advising the government on improving independent statutory authority responsible the legal system. This includes providing for preparing and presenting cases in advice on general government policy court on behalf of the Director of Public relating to the law and the courts, as Prosecutions, briefing Crown Prosecutors, well as recommendations for law reform. private barristers or its own Solicitor This practical work is carried out by the Advocates. Department of Justice and Regulation, the department of the Victorian public service It is involved in a range of matters including: that provides advice and support to the • all murders Attorney-General. • corruption cases involving police or lawyers Department of Justice • major sex offence cases and Regulation • major drug and fraud cases www.justice.vic.gov.au • criminal appeals in the Court of Appeal The Department of Justice and Regulation and the High Court. is the coordinating agency for the state’s The Office of Public Prosecutions also justice system, including police, criminal supports a range of other statutory prosecutions, consumer protection, prisons authorities and state government and community corrections services, and departments in the prosecution of emergency services. The department also serious offences. deals with racing and gaming and the provision of legal advice to the government. The department is responsible for some dispute resolution services, such as those offered by Consumer Affairs Victoria and the Dispute Settlement Centre of Victoria.

26 Victoria’s legal system The state Parliament of Victoria is located on Spring Street in central Melbourne. Commonwealth Director Crime in Victoria of Public Prosecutions Most criminal law in www.cdpp.gov.au Victoria is made by the Victorian parliament The Office of the Commonwealth Director and enforced by state of Public Prosecutions (CDPP) is an government departments, independent service to prosecute alleged including Victoria Police offences against Commonwealth law. and the Office of Public The matters they prosecute are diverse Prosecutions. and complex, including terrorism, serious There are some crimes that drug offences, money laundering, human the Victorian government trafficking and slavery, people smuggling, does not deal with—these child exploitation, cybercrime, revenue and are crimes that affect benefits fraud, environmental crimes, the whole Australian corruption and failing to vote. nation in some way or crimes that have an Victoria Police international aspect. www.police.vic.gov.au The federal government makes laws regarding The role of Victoria Police is to serve the these crimes, and they are Victorian community and uphold the law by: enforced by the Australian • preserving the peace Federal Police. Federal • protecting life and property crimes include people smuggling, cybercrime • preventing offences and international • detecting and apprehending offenders drug trafficking. • helping those in need. Victoria Police investigate traffic and criminal matters under state and Commonwealth legislation. In some circumstances Victoria Police may also appear in court to prosecute breaches of the law. Australian Federal Police www.afp.gov.au The Australian Federal Police enforces Commonwealth criminal law (criminal laws developed by the federal government) and protects Australia’s interests from crime in Australia and overseas. It works closely with Victoria Police and other state, national and international law-enforcement bodies. Matters investigated and prosecuted include terrorism, drug trafficking, people smuggling, high-tech crime involving information technology and communications, and money laundering.

28 Victoria’s legal system Victoria Police are an important part of Victoria’s legal sector, investigating crime and enforcing criminal laws across the state.

29 Legal profession

The legal profession is an Barristers integral part of the legal system Barristers are lawyers who specialise in in Victoria. Legal professionals representing clients in court. Generally, work across many organisations a client will first seek advice from a solicitor who then briefs a barrister if the matter is and bodies as well as providing to go to court or if specialist advice is advice and appearing in court. required. In Victoria lawyers practise The most skilled barristers are recognised as either solicitors or barristers. by the mark of distinction of Queen’s Counsel (QC) or Senior Counsel (SC). The profession QCs and SCs are also known as silks.

Solicitors Professional If you have a legal problem that you need associations help with, you will generally first seek advice from a solicitor. Solicitors and barristers have their own professional associations. Solicitors advise clients on legal matters, prepare legal documents and brief barristers Law Institute of Victoria about the details of their clients’ claims so that a barrister can represent their client www.liv.asn.au in court. The Law Institute of Victoria is the state’s Some solicitors represent clients in the peak body for lawyers. The Law Institute Magistrates’ Court or help barristers of Victoria’s purpose is to be a leader and represent clients in higher courts. A very innovator of the legal profession, to support small number of solicitors act as advocates and inform members, and to raise the profile in the higher courts. and standing of the legal profession. Solicitors can work for themselves, private The Law Institute of Victoria’s Find Your law firms or for other organisations such as Lawyer Referral Service assists the public government, community legal centres or to find a law firm to assist them with their Victoria Legal Aid. legal issue. You can visit www.liv.asn.au/find-a-lawyer or call (03) 9607 9550.

30 Victoria’s legal system How do I find a lawyer? Finding the right legal service can be difficult. Victoria Legal Aid, the Federation of Community Legal Centres and the Law Institute of Victoria can all assist you in finding the right legal or related service for your needs. For more information on legal services in Victoria, see the Law help guide, available online at www. victorialawfoundation. org.au/publications/. Victorian Bar Victorian Legal Services Board The Board is responsible for regulating www.vicbar.com.au all lawyers in Victoria and works closely The Victorian Bar is the professional with the Law Institute of Victoria and association for barristers. Barristers are the Victorian Bar as the legal profession’s specialist advocates who advise and representative bodies. The Board also has represent litigants in courts, tribunals, a consumer protection role by licensing mediations and arbitrations. all lawyers to practise in Victoria and undertaking compliance and enforcement Finding a barrister activities. The Board publishes information Victorian barristers’ details can be found on to help the public find out if a person is a the Victorian Bar website www.vicbar.com. registered lawyer, or whether a lawyer has au. been found guilty of a misconduct offence. A barristers’ clerk acts like an agent for Victorian Legal Services barristers. They are familiar with the skills, Commissioner expertise, experience and availability of the The Commissioner handles complaints barristers on their list, and can liaise with about lawyers registered in Victoria. solicitors and clients to identify the best These complaints can be about a lawyer’s person to be the barrister in each case. professional behaviour, the quality of service Barristers can also be briefed directly for they have provided or about the costs certain matters via www.barristerconnect. they have charged. The Commissioner com.au. also educates lawyers about professional responsibility, as well as educating the public about what they can expect when Regulating they deal with lawyers. the profession Victorian Legal Services Board + Commissioner www.lsbc.vic.gov.au The Victorian Legal Services Board and Commissioner are responsible for regulating all lawyers in Victoria. The Board and Commissioner are independent of the government and the legal profession. Victoria is part of the ‘Legal Profession Uniform Law’ scheme, which also covers NSW and ensures that lawyers in both states comply with the same rules.

32 Victoria’s legal system Solicitors and barristers provide legal advice to clients.

33 Independent legal services

While there are many legal Community legal centres practitioners working in private www.communitylaw.org.au practice in the Victorian legal Community legal centres (sometimes sector, many also work for referred to as CLCs) are independent, statutory or independent bodies not-for-profit community organisations that offer free or low-cost legal that provide free legal services to members services. of the public. Community legal centre services focus on disadvantaged people Victoria Legal Aid and those with special needs. www.legalaid.vic.gov.au Generalist community legal centres assist people within their local area with a range Victoria Legal Aid is an independent, of legal issues. Specialist community legal statewide organisation that assists people centres focus on groups of people with with legal problems, especially Victorians specific needs (such as women, people who are financially or socially disadvantaged. with disabilities, students) or on particular Victoria Legal Aid has 15 offices throughout areas of law (such as consumer rights, Victoria. environmental law, tenancy) throughout Victoria Legal Aid assists Victorians to find Victoria. the most appropriate legal service. There are 49 community legal centres Victoria Legal Aid provides a number in Victoria. of services, including: The peak body for community legal centres • free legal advice is the Federation of Community Legal • duty lawyers at courts and tribunals Centres (Victoria). Information about community legal centres and legal • legal information in many languages. information and resources can be found Victoria Legal Aid also provides funding on their website. The federation can assist to help people run a case when they cannot you to find the most appropriate community otherwise afford to do so, though this is legal centre. You can contact the federation means tested. on (03) 9652 1500. Victoria Legal Aid provides advice on criminal law, family law and some civil law matters. Victoria Legal Aid runs a phone advice service offering free general information about the law, in more than 22 languages other than English. You can contact the Legal Help service on 1300 792 387.

34 Victoria’s legal system Victoria Legal Aid’s Community Legal Education team works with leaders of newly arrived communities to deliver legal information sessions. Law reform

The state and federal Sentencing Advisory Council parliaments have the power www.sentencingcouncil.vic.gov.au to amend existing laws and The Sentencing Advisory Council was make new ones. Before a law is set up to bridge the gaps between the amended or a new one is made, community, the courts and government considerable consultation, by informing, educating and advising on research and planning takes sentencing issues. place to ensure that the laws The council’s functions include the provision are needed and will work. There of statistical information on sentencing, are a number of bodies within including information on current sentencing practices; conducting research and the legal sector that undertake disseminating information on sentencing this work. matters; gauging public opinion on sentencing; consulting on sentencing Victorian Law Reform matters; and advising the Attorney-General Commission on sentencing issues. www.lawreform.vic.gov.au Australian Law Reform The Victorian Law Reform Commission Commission is an independent, government-funded www.alrc.gov.au organisation that develops, monitors and coordinates law reform in Victoria. The Australian Law Reform Commission The commission has a charter to is an independent federal agency that consult the community and advises the reviews Australia’s laws to ensure they Attorney‑General on ways to improve and provide improved access to justice for all update Victorian laws. The commission’s Australians by making laws and related major responsibility is to research issues processes more equitable, modern, fair referred to it by the Attorney-General and efficient. (these are called references), but it also has the power to recommend minor changes The commission cannot change the law, to the law, without a reference, through its but rather makes recommendations to community law reform program. the government on how the law can be improved. The Victorian Law Reform Commission was established in 2001. The Australian Law Reform Commission was established in 1975.

36 Victoria’s legal system Laws in Victoria are made by the Victorian parliament. Public education in the law

Everyday-Law Victoria Law Foundation www.everyday-law.org.au www.victorialawfoundation.org.au The Everyday-Law website provides an Victoria Law Foundation is an independent overview of the legal system and brings statutory body that is helping build a better together easy-to-understand information understanding of Victoria’s legal system about everyday laws. It also has a guide to through grants, research and education. common legal terms, legal news and events, The Foundation aims to improve access to and a directory of free or low-cost legal justice for all Victorians. The education services. program engages the community through events and resources which build understanding of the law and promote debate. The Foundation coordinates Law Week in May and a community forum on a topical issue each year.

Photography Cover: © Dianna Snape. Pages 6–7: © Louise Kennerly/Fairfax Syndication. Page 9: © timstarkey/Getty Images. Page 11: Reproduced with the permission of the Parliamentary Library (above); © Tom Roberts (below). Pages 12: © Supreme Court of Victoria. Page 15: Reproduced courtesy of The Liberty Group, owners and operators of the Victorian County Court facility. Page 17: © Janusz Molinski. Page 22: © Mirek Rzadkowski/ Neighbourhood Justice Centre. Page 27: Image supplied by Parliament of Victoria. Page 29: Images courtesy of Victoria Police (above and below). Page 31: © Max Deliopoulos. Page 33: © Max Deliopoulos (above); © ImagesbyTrista/iStockphoto (below). Page 35: Image supplied by Victoria Legal Aid. Page 37: Reproduced with the permission of the Parliamentary Library. Page 39: © Victoria Law Foundation (above); © Janusz Molinski (below).

38 Victoria’s legal system Victoria Law Foundation coordinates Law Week in May each year.

Victoria Law Foundation holds a forum called The Law and You annually which explores a topical legal issue of interest to the community. “Victoria Law Foundation is building a better understanding of Victoria’s justice system through education, research and grants.” Lynne Haultain Executive Director Victoria Law Foundation

Victoria Law Foundation helps Victorians Accurate at March 2018 understand the law and their legal system. © Victoria Law Foundation 2018 We are a not-for-profit organisation funded ISBN 978 1 876045 487 by the Victorian Legal Services Board Public PUB18-03 Purpose Fund. First published 2012 Victoria Law Foundation Second edition 2014 Level 5, 43 Hardware Lane Third edition 2018 Melbourne Vic 3000 Australia T (03) 9604 8100 F (03) 9602 2449 Disclaimer: This publication is a guide only. While [email protected] due care has been taken to ensure the accuracy of the material contained in this publication, Victoria @VicLawFoundn Law Foundation cannot take responsibility for See our website at any errors, nor do the references and web links www.victorialawfoundation.org.au to products and services of other organisations constitute endorsement.