Clearing the backlog in the Supreme Court could spell trouble for the Magistrates Court if funding isn’t increased, according to the Law Society of Tasmania.
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That’s because increased Supreme Court sitting days would swallow up more Legal Aid resources, leaving fewer grants for Magistrates Court matters.
A spokesman said the government would “carefully monitor” the impact of increased sittings on the workload and capacity of other court users, including the DPP and Legal Aid.
Law Society president Rohan Foon said less money for grants in the Magistrates Court would mean more people would be unrepresented.
“That means delays, because it always takes longer to deal with an unrepresented person than a represented person.
“There is a pretty uncontroversial position that Legal Aid is required to fund Supreme Court criminal matters in preference to Magistrates Court matters.
“Our fear is Legal Aid will have to start declining funding on matters that would previously get aid.
“It’s a moving thing because they’re only just starting the increased sittings, so it will take a bit of time to see the flow-on effects everywhere.”
The government spokesman said the government was committed to ensuring all Tasmanians had access to an efficient and effective criminal and civil justice system.
“The appointment of acting judges will assist in addressing any backlog of cases in the Supreme Court,” he said.
“It is one of many initiatives being implemented to reduce the case backlog, and it was welcoming to note in the latest Report on Government Services that the backlog indicator has stabilised for both criminal and civil jurisdictions of the Supreme Court.
“However, there is always more to be done, which is why the government will continue to work constructively with both the Chief Justice and Chief Magistrate of the Supreme Court and Magistrates Court to address timeliness issues in the Tasmanian judicial system.
“The government recognises and values the important role that legal assistance organisations play in our community, which is why we will provide $1.2 million to Community Legal Centres and the Legal Aid Commission of Tasmania for 2017-18 as part of our reinvestment in essential services.”
