Page 2591 - Week 07 - Tuesday, 5 June 2012
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think, on balance, that the uncertainty it would create would be counterproductive. Any time the law is changed has the potential for unforeseen consequences, and we do not believe this amendment has been fully thought through. We believe it must be fully thought through by a sentencing review. We will be supporting Mrs Dunne’s amendment when she brings it forward.
In conclusion, we support the remainder of the bill. We welcome the continuing focus on addressing delays in the Supreme Court. They are an injustice, and we must continue to strive and work with the courts to ensure that those delays are alleviated.
MR CORBELL: (Molonglo—Attorney-General, Minister for the Environment, Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (12.05), in reply: The passage of the Courts Legislation Amendment Bill today will lay the foundation for reforms for ongoing efficiencies in the listing practices of the Supreme Court. The bill is one of the ways in which the government has acted to support the court to change aspects of its case management and listing practice with a view to reducing the time taken to finalise matters lodged in or committed to that court.
Substantial government funding has also been provided to conduct a blitz of civil and criminal matters this year. The blitz involves the bringing forward of a pool of civil and criminal matters for a one-off period in the expectation that many will be resolved without trial. The goal of the blitz is to clear the backlog, opening the way for the Supreme Court to implement its reforms.
Government funding has allowed for the temporary appointment of two acting judges to conduct the blitz, together with additional support staff in the court. The funding also extends to additional staffing for the Director of Public Prosecutions and Legal Aid to conduct cases during the blitz and for Corrective Services to support their involvement in preparing pre-sentence reports and transportation of prisoners.
The blitz has been conducted in two separate six-week periods. The first of these is now complete with, I have to report, pleasing results. Out of the 93 civil matters listed, 45 settled, 13 were completed with the decisions reserved, six of which have subsequently been delivered, five were vacated, two were adjourned, one was sent to a court referee, and only 27 were not reached. Out of the 40 criminal matters listed, 21 matters were resolved with a plea of guilty, six were discontinued by the DPP and four matters were vacated. The remaining nine were heard and the decisions reserved, of which three have now been delivered.
The bill for debate today arises out of the Supreme Court’s decision late last year to change aspects of its case management and listing practice. The court’s decision arose from comprehensive work conducted by Her Honour Justice Penfold of that court and the Director-General of the Justice and Community Safety Directorate in reviewing case management and listing procedures. The main changes announced by the court were the adoption of a docket case management system covering both civil and criminal matters. Under a docket system, matters in categories requiring listing for trial and certain other matters would be assigned to a docket judge shortly after being lodged. These matters would then be managed by that judge until finalisation.
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