2018-19 State Budget: An Overview of Justice Measures
COURTS
Courts funding
The Courts Administration Authority will face a reduction in Government funding of $1.42 million in 2019-20, $1.44 million in 2020-21, and $4.9 million per annum from 2021-22.
The efficiency measures will result in the reduction of 81 full time equivalent positions by 2021-22.
According the Budget Measures Statement, the reduction in operating expenditure will be achieved through efficiencies gained by the introduction of the Electronic Courts Management System (ECMS).
Judicial registrars
Two Magistrate vacancies will be replaced by two judicial registrars, resulting in a saving of $849,000 over three years, with ongoing savings of $466,000 from 2021-22. The judicial registrars will preside over less complex matters and interlocutory proceedings in the Magistrates Court.
The Society is disappointed by the funding cuts to the CAA. The Society considers that the introduction of the ECMS is no justification for reducing resources which will undoubtedly impact on the core services of the court and are likely to result in the reduction of other important services. The Society considers that the CAA would require additional, not less, funding to manage the transition to the ECMS, which will involve significant administrative challenges as digital transitions of this magnitude usually do.
The Society notes that the Government expects to reap $21 million in probate and court fees collected by the courts on behalf of the Government. Whilst the Society disagrees with the level of probate fees being collected, such fees should not go straight into general revenue and instead should primarily be invested back into the courts, including the probate registry.
ACCESS TO JUSTICE
Legal Services Commission
State Government funding for the Legal Services Commission will be reduced by $1.2 million (indexed) per year, amounting to $4.8 million over the forward estimates. This is on top of the $6 million in cuts imposed by the previous Government (plus $4 million in Federal cuts).
The Society is disappointed by the funding cuts to the LSC. The cuts are likely to result in staffing reductions and will impact on key services provided by the Commission to vulnerable South Australians. Two-thirds of aid grants go to private practice lawyers who provide high-quality services to their clients at lower than market rates. The Society is concerned that this vital component of the legal aid scheme could be diminished.
Community Legal Centres
The State Government has allocated $150,000 per annum to reinstate a community legal centre in the Riverland. A restructure of community legal services instituted by the previous Government forced the Riverland Community Centre in Berri to close last year. Since then the Southern Justice Centre has been providing outreach services to the Riverland region.
The Society welcomes the re-establishment of a community legal centre in the Riverland but is concerned at the absence of any extra funding for community legal centres elsewhere across the State.
SA Native Title Service
The South Australian Native Title Service will lose all of its State Government funding, which will result in a budget saving of $550,000 per annum. The SA Native Title Service helps Aboriginal people in South Australia to have their native title rights and interests recognised and protected. The service receives Federal Government funding and will continue to perform its statutory functions.
Communication Partner Service
The Communication Partner Service, run by Uniting Communities, will be cut from 2020-21, saving $319,000 per annum. The service provided communication partners to support people with complex communication needs, such as the cognitively impaired, to provide accurate and coherent accounts of their experiences in police interviews and court proceedings. A program that provides specialist training in the interviewing of vulnerable witnesses will also be discontinued.
Sentencing Advisory Council
The Sentencing Advisory Council will be defunded, saving the budget $100,000 per annum. The Council provides information and recommendations to the Attorney General on sentencing matters.
PROSECUTIONS
Investment of $9.3 million over four years will fund solicitors to undertake prosecutions of summary and minor indictable offences, as well as major indictable matters until the DPP makes a charge determination in the Magistrates Court. It is hoped such measures will reduce present delays in this jurisdiction.
CORRECTIONAL SERVICES
Adelaide Remand Centre
The Government will seek to privatise the Adelaide Remand Centre. The Society is concerned that a private operator who is driven by profit may take measures that will compromise prisoner and staff welfare. The Society is aware that the Adelaide Remand Centre is already overcrowded and is concerned that any further cost cutting measures may seriously impact upon prisoner health and rehabilitation.
Reducing recidivism
The budget states that the Government will continue to deliver against the Action Plan to Reduce Reoffending 10 per cent by 2020 and continue to increase vocational training and employment opportunities for prisoners through Work Ready, Release Ready. There is also a commitment to developing an Aboriginal Strategic Framework and to continue to include programs for domestic violence perpetrators.
Prison beds
The budget includes a significant financial commitment to upgrade the Yatala Labour Prison, including 270 additional high security beds. There has also been a commitment to the construction of 40 new beds at the Adelaide Women’s Prison. While such measures are required to deal with the overcrowded prison system, the Society would like to see greater investment in rehabilitation and integration of prisoners back into the community.
CHILD PROTECTION
Foster & kinship care
The Society supports the extension of payments to foster and kinship carers of young people in their care until 21 years of age. The Department of Child Protection is progressing a strategy to further grow the number of placements in family-based care and consequently reduce reliance on residential and commercial care. While the budget notes the Department has been working with families who have children at risk of entering care, there is no clear commitment to investment in early intervention and prevention, which would ultimately reduce the number of children in care.
Matters under the Children and Young People (Safety) Act 2017
The Society understands that there was extra expenditure in the 2017-18 period related to implementing the recommendations of the “The life they deserve” report which included increasing staffing of the Department’s call centre. The Society notes that Children and Young People (Safety) Act 2017, which is set to commence in October 2018, is likely to impact upon the workload of the Youth Court. There was no indication in the budget that extra resources had been allocated to the Court, however, it is noted that there have been additional funds allocated to the SACAT, which will now hear matters concerning reviewable decisions under section 158 of the Children and Young People (Safety) Act 2017. As noted in the Society’s January 2017 submission relating to this Act, there is a need to ensure that SACAT Members are suitably trained/qualified to hear child protection matters.
National Redress Scheme for child sexual abuse survivors
The Government has allocated $146.4 million to support South Australia’s participation in the National Redress Scheme for survivors of institutional child sexual abuse.
Aboriginal Children’s Commissioner
$1.3 million over four years has been committed to establish a Commissioner for Aboriginal Children and Young People. The Society supports the establishment of the Commissioner for Aboriginal Children and Young People and any measures which aim to address the disproportionate representation of Aboriginal Children and Young People in both the child protection and youth justice system in South Australia.
YOUTH JUSTICE
The Society considers that the budget delivered little by way of investment in youth justice and rehabilitation. There will be cuts and a restructure of services in relation to the Marni Wodli Youth Accommodation Services which provides youth accommodation services for at risk Aboriginal young people between 15-18 years age. It is noted that a 2018-19 target will be to finalise the Connected Youth Justice Strategy that will have a particular focus on addressing the over-representation of Aboriginal young people in the youth justice system.
DOMESTIC VIOLENCE
The Government has committed to a domestic violence package which includes 40 additional domestic and family violence beds, a 24-hour Women’s Safety Services SA crisis hotline, a 12-month statewide trial of the Domestic Violence Disclosure Scheme, the development of a personal protection app and funding for the Women’s Domestic Violence Services peak body.
SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL
The SAET will transfer from the Attorney-General’s Department to the Department of Treasury and Finance on 1 October 2018.
INDEPENDENT COMMISSIONER AGAINST CORRUPTION
The ICAC will receive $14.5 million to enable ICAC to hold public hearings.