Victoria’s Courts Slow and Expensive

Victoria’s courts are amongst the slowest and most expensive in Australia under the Brumby Government, according to a Productivity Commission report released today, Shadow Attorney General Robert Clark said. The Report on Government Services 2008 (Table 7A.17) shows that for criminal cases as at 30 June last year: there were 432 Supreme Court appeal cases waiting to be heard in Victoria compared with 337 cases in June 2003, an increase of more than 28 per cent and the highest number in Australia. Over the same period, the backlog of appeals in NSW fell from 242 to just 194. Of those 432 cases, 99 cases had been waiting more than 12 months to be heard, the highest percentage of any state in Australia, and comparing with just two cases in NSW. • the backlog of non-appeal Supreme Court cases was 171, compared with just 56 cases in June 2003. NSW had 121 pending cases, down from 139 in 2003. More than one-third (33.9 per cent) of Victoria’s 171 cases had been waiting for more than 12 months, the highest proportion in Australia.

in the County Court, there were 1,094 appeal cases waiting to be heard, compared with just 510 in 2003. 152 of these cases had been waiting for more than 12 months, compared with just 44 cases in 2003. • there were 2,467 not-appeal County Court cases waiting to be heard, compared with 1,722 in 2003. Of these, 581 cases, or 23.6 per cent, had been waiting for more than 12 months, almost double the 296 cases (17.2 per cent) waiting more than 12 months in 2003. In contrast, only 156 cases were waiting more than 12 months in NSW. • Victoria’s Magistrates Courts have the largest backlog of cases of any jurisdiction in Australia, with 34,119 cases waiting to be heard, up from 26,633 in 2003. Of these, 6,913 or more than 20 per cent had been waiting more than 6 months to be heard. Victorians also face long waits for Supreme Court civil appeals to be heard. As at June last year, there were 265 appeals waiting to be heard, up from 170 in 2003. Of these, 27.9 per cent had been waiting more than 12 months, the highest of any jurisdiction except Tasmania. (Table 7A.18) These long waiting lists come despite the fact that Victoria has one of the highest number of judges and magistrates in Australia and some of the most expensive courts. • Victoria has 4.6 judges and magistrates for every 100,000 people, compared with just 3.8 in NSW, and the national average of 4.4. (Table 7A.20) • Victoria’s Supreme Court cost taxpayers $27,007 for every criminal case finalised in 2006-07, making it the most expensive court in Australia, and almost double the national average of $14,506. In NSW the cost per case was $22,494. (Table 7A.23) • In the County Court every criminal case finalised cost taxpayers $11,726, compared with $6,031in NSW and the national average of $6,806. (Table 7A.23) • Overall (for criminal and civil cases combined) the Supreme Court cost Victorian taxpayers $4,324 for every case that was finalised, compared with $3,469 for NSW. The County Court cost Victorians $7,422, compared with $4,095 in NSW. (Table 7A.25) Mr Clark said these findings show that while Attorney-General Rob Hulls talks about justice, the reality is different for those thousands of Victorians actually caught up in Victoria’s justice system which is creating unnecessary trauma and distress for victims, their families and witnesses. “While the Attorney-General spends his time imposing complex and dangerous legislation like his Charter of Human Rights, ordinary Victorians are waiting years to see justice done, and Victorian taxpayers are paying a high price for slow and inefficient courts,” Mr Clark said. As the Chief Justice made clear in her State of the Judicature speech last year, the administration of Victoria’s courts is largely under the control of the Department of Justice and the Attorney-General. The NSW experience shows that courts can be run much better than they are currently being run in Victoria. “Rob Hulls must accept much of the responsibility for Victoria’s long and growing waiting lists. “Instead of posturing about being a law reformer, he needs to do the hard work of running his portfolio and making sure Victoria’s courts are given the administrative support and modern systems and facilities they need so victims, their families, witnesses, accused persons and all other litigants can have their cases heard without unreasonable delay,” Mr Clark said.