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Magistrates Court inquiry addresses ongoing trial concerns
A nine-month inquiry into the management of family and domestic violence matters in the Magistrates Court of Western Australia has shed light on the consequences of the trial delays and recommended steps for the court to improve its responses.
Naomi Neilson
Despite an improvement in the average time of trials, a nine-month inquiry into the WA Magistrates Court found that matters relating to family and domestic violence incidents were still running six weeks behind its 19-week goal. Meanwhile, applications for FDV restraining orders surged 38 per cent over the reporting period.
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The community development and justice standing committee’s report, “Opening the doors to justice”, found consistent evidence that the Magistrates Court was not presiding over cases quickly enough, particularly relating to FDV restraining orders. It comes as the state records the highest number of related homicides in 2018 at 33 deaths.
“Delays are problematic for numerous reasons – including that court users can be put off applying for an FVRO, both applicants and respondents can experience emotional distress as matters [remain] unresolved and parties’ views can become entrenched – making it difficult for issues to be resolved,” chairman Peter Katsambanis said.
The inquiry also found there were insufficient free or low-cost legal services available, leaving applicants without appropriate assistance. For respondents, the services were almost completely unavailable, contributing to potential rising tensions.
“Appropriate legal advice can empower a person experiencing FDV to make the choice and exercise their rights, improve parties’ [decision-making] and help users understand the court process,” Mr Katsambanis said. “Importantly, making legal services available for respondents can potentially diffuse tension, reduce breaches and help matters.”
As the Family Violence List is due to be evaluated in 2021, the committee recommends that the evaluation is used as an opportunity to set objectives, identify indicators for all success of the court and establish a clear framework for the future operation. Without doing so, the committee warns it will be difficult to identify potential benefits.
The committee has also requested an increased focus on implementing best practices and building an evidence base for the effectiveness of court-based responses.
As for magistrates, the recommendations included a suggestion that magistrates may need further education on the dynamics of FDV, given that is a core part of the court – this includes contexts of a relationship and the perpetrators’ cultural background.
Magistrates and staff should also attend ongoing training and commit to implementing this training in their decision-making and work. They should also undergo any training or counselling relating to vicarious trauma to reduce the risks of mental health issues.
