2014 2015 14 September 2015 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 2014 to 30 June 2015 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 96 magistrates, 13 reserve magistrates, 10 coroners, 8 judicial registrars, 624 staff and 61 elders and respected persons. 2 10 26 About the The Year at a Glance Magistrates’ Court Operations Organisational Chart Our Judiciary Coordination Summary The Year at a Glance Structure of the Judiciary Civil Jurisdiction Summary Message from the Structure of Court Judicial Registrars Chief Magistrate Administration Legislative Reform Message from the Internal Committees Making a Difference Chief Executive Officer Our Services Statewide Perspective Our Staff 50 73 85 Specialist Courts Financials and Services and Statistics Directories Court Support and Detailed breakdown on Directory of Diversion Services data including 5-year Magistrates and Drug Court trends Judicial Registrars Intervention Orders Contact details for all Family Law Jurisdiction Court venues Koori Court Neighbourhood Justice Centre 1 Magistrates’ Court of Victoria 2014-15 Annual Report The Year at a Glance Magistrates’ Court of Victoria Organisational Chart CHIEF MAGISTRATE CHIEF EXECUTIVE OFFICER Mr Peter Lauritsen Mr Andrew Tenni DEPUTY CHIEF MAGISTRATES DEPUTY CHIEF DEPUTY CHIEF DEPUTY CHIEF DEPUTY CHIEF DEPUTY CHIEF DEPUTY CHIEF PRINCIPAL REGISTRAR MAGISTRATE MAGISTRATE MAGISTRATE MAGISTRATE MAGISTRATE MAGISTRATE AND MANAGER METROPOLITAN Mr Barry Braun Ms Felicity Mr Robert Kumar Mr Lance Martin Mr Daniel Muling Ms Jelena Popovic COURTS Broughton Ms Simone Shields SUPERVISING MAGISTRATES MANAGER REGIONAL COURTS CIVIL CRIMINAL DRUG COURT FAMILY VIOLENCE AND Mr Keith Turner FAMILY LAW Mr Barry Braun Mr Charlie Rozencwajg Mr Tony Parsons Ms Felicity Broughton and Ms Kate Hawkins MANAGER SPECIALIST COURTS AND COURT SUPPORT SERVICES KOORI COURT AND SEX VOCAT Mr Robert Challis COURT SUPPORT AND OFFENCE LIST DIVERSION SERVICES Ms Amanda Chambers Mr Andrew Capell and Ms Jelena Popovic (to 5 June 2015) Ms Johanna Metcalf MANAGER CORPORATE SERVICES Ms Belinda Wallington (from 15 June 2015) Ms Simone Richardson STATE COORDINATING MAGISTRATE AND REGIONAL COORDINATING MAGISTRATES MANAGER STATE BARWON SOUTH WEST BROADMEADOWS DANDENONG IT SYSTEMS COORDINATING MAGISTRATE Mr Gavin Russell Mr Franz Holzer Mr Ronald Saines Mr Robert Kumar Mr Jack Vandersteen MANAGER PEOPLE AND ORGANISATIONAL FRANKSTON GIPPSLAND HEIDELBERG GRAMPIANS DEVELOPMENT UNIT Mr Clive Alsop (to 31 Ms Michelle Hodgson (to Mr Iain McKinnon Mr Paul Smith December 2014) 2 January 2015 Ms Susan Wakeling Ms Fiona Hayes (from 1 Ms Cynthia Toose (from January 2015) 5 January 2015) STATE COORDINATING REGISTRAR HUME LODDON MALLEE NEIGHBOURHOOD RINGWOOD Mr Brett Cain JUSTICE CENTRE Ms Stella Stuthridge Mr Richard Wright Mr David Fanning Mr Nunzio La Rosa MANAGER OFFICE OF THE CHIEF EXECUTIVE Mr Joseph Walker SUNSHINE Ms Noreen Toohey DIRECTOR NEIGHBOURHOOD JUSTICE CENTRE Ms Kerry Walker Please refer to page 86 for the full Directories. 2 Magistrates’ Court of Victoria 2014-15 Annual Report YEAR AT A GLANCE Criminal Law Statistics – more on page 75 CRIMINAL CRIMINAL MATTERS MATTERS FINALISED INITIATED 45,762 MATTERS PENDING 16% 13% 275,552 247,025 NUMBER OF 7% 89.9% COMMITTAL 2,839 CASES PENDING PROCEEDINGS CASES FINALISED > 12 MTHS WITHIN SIX MONTHS 10% FINALISED Civil Law Statistics – more on page 79 NUMBER OF COMPLAINTS ISSUED FINALISED 41,884 OR FILED 9% 17% AT HEARING DEFENDED CLAIMS FINALISED WITHIN 79% 6 MONTHS 29,720 7,570 1,695 6% DEFENDED CLAIMS DEFENCES DEFENDING FINALISED AT ARBITRATION AND DEFAULT FILED CLAIMS ORDERS PENDING FINALISED NO CHANGE 6% 1% Intervention Order Statistics – more on page 82 INTERVENTION ORDER APPLICATIONS FINALISED (INCLUDING 23,365 16% 10,055 INTERIM ORDERS) FINALISED CASES WITH ONE OR INTERVENTION ORDER MORE INTERIM ORDERS MADE APPLICATIONS RECEIVED BY AFTER HOURS 72,625 SERVICE INTERVENTION ORDER APPLICATIONS FINALISED (EXCLUDING INTERIMS) 10% FAMILY LAW 49,260 8% MATTERS 1,088 FINALISED 3 Magistrates’ Court of Victoria 2014-15 Annual Report Message from the Chief Magistrate It is with pleasure that I present the Annual Report for the Magistrates’ Court of Victoria for the year ending 30 June 2015. Heidelberg in custody are brought too often to the Program; $1.5 million for building works Court. to accommodate these additional staff There are 66 venues for all courts During 2014, the Court received monies and $2.75 million to improve safe throughout the state, the Magistrates’ waiting areas within the Court. Court operates from 51. The Court to install modern audio-visual systems These staff make up an important part divides the state into 12 regions, each to supplement the existing system. The existing system is old with little capacity. of the existing Family Violence Court with a headquarter venue. Heidelberg By April 2015, this system started. In the Division. Since its inception, the Division is an instance. It has many courtrooms. May budget, the Court received monies has existed at only two of the Court’s The idea of headquarter venues arose sufficient to replace the old system and 12 regions. The additional staff will now in the 1980s with the closure of many put the new system into venues where give coverage to most of the regions. single courtroom venues and the there had been none before. They are stepping stones to the full transfer of their work to larger venues. Also last year, I linked this issue with expansion of the Division, if thought Over the weekend of 16 and 17 the rapid increase in the numbers of appropriate. Naturally enough, a key February 2015, the Heidelberg persons in custody. I expressed fear aspect of the Court’s submission to the courthouse was flooded, causing as to the effect of the abolition of the Royal Commission into Family Violence significant damage. All of the suspended sentence of imprisonment was the expansion of the Division. magistrates and part of the staff in this Court. My fear has subsided The Court started fast tracking of were relocated. Most of the cases, through two measures. First, Parliament criminal proceedings arising out of magistrates and staff came to the amended the Sentencing Act 1991 family violence incidents at Dandenong Court at Melbourne. Some went to extend the length of a community on 1 December 2014. It aimed to to Broadmeadows and Ringwood. correction order in this court; and have all such proceedings finished Proceedings in the Children’s Court extended the length of a term of within 16 weeks of it entering the went to that court at Melbourne. On 6 imprisonment, which could be coupled Court. Experience shows that delays in July, the rest of the staff were relocated, with a community correction order. finishing these matters lead to additional mainly to Melbourne. Second, the Court of Appeal delivered incidents, often intensifying in severity. The fact that these measures have its guideline judgment in Boulton and The Police experienced unexpected worked as well as they have is a others v R [2014] VSCA 342. problems at Dandenong, which have testament to the skill and dedication of now been solved. These problems all involved. Family Violence delayed the start of fast tracking at Broadmeadows and Shepparton. I Non-production of persons in In October 2014, the previous State expect it will start there shortly. Government announced it would spend custody It avoids the need for that person to $150 million over five years on various travel to Melbourne and wait at court Last year, I spoke of the non-production family violence initiatives. The Court will until the matter is heard. of persons in custody and the measures receive: $15.39 million over five years to taken to overcome the problem. employ extra family violence registrars, Those measures have been largely applicant and respondent support successful. The longer-term solution workers; $9.55 million over four years lies in technology. Too many persons to expand the Court Integrated Support 4 Magistrates’ Court of Victoria 2014-15 Annual Report Security Acknowledgements Security in the Court has three As I said last year, the non-production aspects: the safety of certain litigants issue has taxed many of the Courts. I from other litigants; the safety of court thank my judicial colleagues, registrars staff, including judicial officers and and staff for their efforts in coping with the safety of those persons using the this issue as well as others, including services of the Court. the situation at Heidelberg. Dealing with parties to family violence incidents has highlighted safety within the courthouses. The Court is undertaking a safety audit. Separately, it is now receiving monies to improve safety. The cost of the necessary Peter Lauritsen changes far exceeds the available Chief Magistrate monies so the Court will deal with the most pressing. Security in the other categories is inadequate across the venues of the Court. In some, it is much better than in others. In regional Victoria, the level of security is poor. Courtlink The Court’s case management system is called ‘Courtlink’. It is very old. During the year, the Court replaced its mainframe with a new one. The old mainframe will be located in Sydney. This will enable a far quicker recovery of data in the event of a disaster in Melbourne. It has a secondary benefit. It will allow more time for finding a suitable replacement for Courtlink. A consulting firm is examining the Court’s needs for a replacement.