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.