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Temporary COVID measures made permanent in Victorian courts
A number of temporary COVID-19 measures put in place to ensure the administration of justice would operate smoothly during the global crisis will be made permanent under new legislation passed by the Victorian Parliament.
Naomi Neilson
Following on from the successful responses to the COVID-19 global pandemic, new laws have been introduced by Attorney-General Jaclyn Symes to make a suite of digital improvements permanent across Victorian courtrooms. The legislation will effectively modernise how the justice system hears and responds to cases.
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In introducing the legislation, Ms Symes said: “Our justice system’s response to the global pandemic has been nothing short of extraordinary. We’ve adapted to make it faster and easier for more Victorians to access courts, tribunals and legal process.
“With this bill, we’re making sure the community continues to benefit from these positive changes – particularly for people in regional and rural Victoria who may not normally have access to their in-person services.”
The Justice Legislation Amendment (System Enhancements and Other Matters) Bill 2021 makes permanent a range of temporary measures including enabling courts to continue hearing a wider range of matters via audiovisual link and make appropriate decisions without an in-person hearing. This change will ensure that more matters can be heard quickly, while continuing to keep court users safe.
Under the bill, Victorians can access justice through electronic signing and remote witnessing of important legal documents including deeds, wills, powers of attorney, statutory declarations and affidavits. Integrity agencies such as IBAC and the Ombudsman will also reap the benefits of electronic inspections of documents.
Developed in close consultation with the Law Institute of Victoria (LIV), the courts, the Office of the Public Advocate and other key stakeholders, the electronic witnessing reforms include appropriate safeguards against misuse.
Under the new legislation, temporary measures to keep the community safe from ongoing public health risks will be extended, including important reforms that ensure WorkSafe inspectors can take action in response to COVID-19 risks.
Critical measures to minimise the risk of transmission of COVID-19 into prisons and youth justice facilities will also continue for a further 12 months.
Amendments have also been introduced in the Children’s Court to ensure that families and children in and out of home care are not unfairly impacted by COVID-related disruptions, including providing an extension to the temporary additional six months to a family reunification order.
“This is a significant step forward in modernising the law in Victoria in the digital age – using the latest technology to more effectively deliver critical services and improve access to justice,” Ms Symes said.
