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Victorian courts implement contingency plans to combat latest state lockdown

Lockdowns in the state of Victoria have prompted local courts to implement their contingency plans. Here’s how they’re responding.

user iconEmma Musgrave 31 May 2021 Big Law
Anne Ferguson
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Last week, acting Premier James Merlino confirmed Victoria would be entering into a seven-day circuit-breaker lockdown following an escalation of coronavirus cases in the state. As such, Victorians are ordered to stay at home unless one of the five reasons outlined below:

• Shopping for necessary goods and services (one person per household, once per day, a support person can accompany if required).
• Caregiving or compassionate reasons.
• Authorised work or permitted education, or work interstate.
• Exercise (up to two hours, with one other person or member of your household).
• Receive a vaccination.
• Other specified reasons (specific exemptions apply).

While the lockdown has initially been set to end on 3 June, it will continue beyond this date if deemed necessary.

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Upon the lockdown being confirmed, Chief Justice of the Supreme Court of Victoria and chair of Courts Council, Anne Ferguson, issued a statement on behalf of the Victorian courts and VCAT, outlining the key measures the profession would put in place.

“The courts and VCAT have continued to operate and deliver justice through all levels of restrictions, including the circuit breaker in February,” Chief Justice Ferguson said.

“We have planned for this possibility and we are well placed to respond to the latest advice.

“In accordance with the public health advice, matters will be held in person only where it is not practicable for them to be held remotely and it is essential that they proceed. The courts and VCAT will continue to hear as many matters as possible remotely. Some matters may be adjourned for a period of time.

“We will continue to follow public health advice and take all steps possible to minimise potential disruption and ensure matters are dealt with in a timely way.”

Chief Justice Ferguson said that criminal jury trials that are already underway will continue, following COVID-safe plans, although a few may be adjourned. She noted that no new criminal jury trials will begin until restrictions ease and every effort will be made to re-list any vacated trials as soon as possible.

“We are very conscious that the new restrictions will once again require many participants in the court system to operate remotely,” the Chief Justice said.

“While many have become very familiar with this way of working, the challenges this presents are acknowledged and the jurisdictions will be mindful of this.

“The health and safety of all court and tribunal participants is of the highest priority.

“We thank everyone for their patience and understanding as we work together to reduce the spread of COVID-19.”

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