Lawyers welcome review of backlogs in the Tasmanian court system

The report opened by questioning the premise that a backlog is inherently flawed, differentiating a manageable queue of pending matters from a framework where cases build up quicker than they are resolved.

The report highlighted that backlog - defined as an accumulation of work, correspondence, etc. awaiting attention - is not of itself a bad thing; with matters waiting in monitored queue for upcoming action being an inescapable fact for courts and the justice system.

It was indicated that “problematic backlogs arise when the status quo is not maintained: that is, the pace at which existing matters are exiting court lists slower than the pace at which new matters are entering the queue”.

Babb’s core recommendations advocate for a fundamental transition beyond bolstering judicial resources, proposing instead the adoption of precise, institutional interventions designed to dismantle the root drivers of Tasmanian legal bottlenecks and curb the entrenchment of future congestion.

Recognising this structural challenge, the Association of Criminal Defence Counsel president, Kim Baumeler, noted that systemic investigative delays lie at the heart of the issue.

"The causes of delay ultimately stem from Tasmania Police's investigative practices, which frustrate early, adequate disclosure,” Baumeler said.

VIEW ALL

“Reform of criminal justice process to allow all parties to focus at an early stage on resolving cases will assist in reducing backlog.”

The review contextualised judicial delays as extending far beyond administrative friction, asserting that such bottlenecks fundamentally impact victim-survivors, the accused, and their families, while ultimately eroding public trust in the legal framework.

Highlighting the impact on legal practitioners, the discussion also turned to workforce sustainability and resources across the sector, as per the secretary of the Association, Fabiano Cangelosi.

"There remains the pressing need of supporting the retention and training of lawyers practising in criminal law around the State," said Cangelosi.

"Presently there is limited capacity to the increasing volume of cases as a result of many years of underfunding of Court, Prosecution, and services aidable by the Legal Aid Commission."

Stated in the report, Babb addressed that the backlog requires both an adequate level of resourcing and a fundamental consideration of how existing resources are being deployed.

“At the same time, I resist the notion that backlog can be solved solely by providing additional resources,” Babb said.

“While proper resourcing is essential, adding resources without systemic reform is a treatment of symptoms rather than causes.

“I envisage that a more strategic application of existing funding can offer overall value by freeing funds that are currently not being used efficiently to be redirected where they are most useful.

“Introducing a proportion of new funds where that is necessary to establish a reform initiative is a worthwhile investment for improved functioning and reduced backlogs.”

Speaking to Lawyers Weekly, Cangelosi voiced frustrations over the Tasmanian Police’s compliance issues.

“The Magistrates Court (Criminal and General Division) Act 2019 was passed seven years ago, and was designed in part to address police disclosure obligations.

“It has not come into force despite passage because Tasmania Police has persisted in resisting complying with its duties to Tasmanian courts to make adequate disclosure.

“It is extraordinary and damning that it has been allowed to continue for so long, contributing to the backlog that we now have.”

The Association urged the state government to begin to implement the recommended reforms.

Whilst it is not guaranteed that the reforms will resolve backlog, the Association considered them to be the necessary first step.