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Victoria reintroduces COVID options to address delays
Measures such as judge-only trials and special hearings will be reintroduced into Victorian courtrooms to drive down court backlogs and reduce case wait times.
Naomi Neilson
For the next year, familiar COVID-influenced reforms will return to courtrooms with the intention of keeping backlogs to a minimum while ensuring the health and safety of practitioners, employees of the court and parties affected by the pandemic.
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Under the Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Bill, parties in criminal matters and special hearings will have the option for judge-alone trials. The bill will also expand audiovisual link (AVL) reforms and temporarily extend COVID-19-related provisions of the Occupational Health and Safety Act 2004.
On the reintroduction, Attorney-General Jaclyn Symes said: “Our justice system’s response to the global pandemic has been impressive – the changes that have been made will mean better access to justice across Victoria for years to come.”
The bill was introduced after consultation with the legal sector, including the Law Institute of Victoria, the Criminal Bar Association, and Victoria Legal Aid.
Under the AVL reforms, more people will begin appearing in court remotely from adult prisons, cutting back the number of transfers of accused people from custody to court and thereby removing the need for a quarantine period on their return.
Young people on community orders will also be benefited by this extension, allowing them to attend a youth justice unit or report via AVL. Both adult and youth AVL measures will be in place for 12 months from the commencement of the legislation.
The bill will also delay the commencement of de novo appeal reforms, given the current challenges facing the courts. This will allow time for the justice system to prepare for these “important procedural changes”, which are designed to modernise the appeals process and reduce the burden on victims and witnesses.
“The courts are working tirelessly to reduce caseloads and get things back on track – but we know it will take some time for things to get back to normal – so we’re doing all we can to help the system continue to adapt and deliver outcomes quicker,” Ms Symes said.
