A decision to close the Smithton Magistrates Court and redirect its lists to Burnie reduces residents' access to justice, the Law Society of Tasmania says.
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In a budget estimates hearing late last year, it was revealed that the Agritas Trade College on Nelson Street would no longer host Smithton's circuit court due to looming construction works at the site.
As a result, anyone who would normally have had their matters heard at Smithton will now be required to make a one-hour trip to the Burnie Magistrates Court. This includes not only those charged with criminal offences, but also people applying for family violence or restraint orders or who may be party to a civil dispute.
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Just one bus service operates between Smithton and Burnie on weekdays, leaving Circular Head at 7am and arriving in Burnie at 8.25am. In the afternoon, a bus departs Burnie for Smithton at 2.45pm, embarking on a one hour and 45 minute trip.
Law Society of Tasmania president Trevor McKenna said the move was "creating challenges for people who may need to turn to court for help".
"You've got people who must attend court," he said. "They now have to travel a significant distance to get to court and they may not have the means to to get there."
"If somebody's bailed to appear in court, dependent on public transport with no family supports, if they can't get to the court in time and they miss their court listing a warrant might issue, police might be required to apprehend that person - and I think that is just an undesirable consequence.
"Maybe ... there isn't a suitable site that can be found to house the court, but COVID last year taught us how quickly we can adapt to using technology. People could appear by remote means, or maybe they're with their lawyer in the lawyer's office or meeting room, or from a community location being able to phone in. That's a really sensible way of addressing this issue and some of the access to justice issues."
Justice Minister Elise Archer previously said concerns had been raised with her regarding the Smithton court and "the need to find suitable accommodation".
"Whilst this is a decision for the [Magistrates Court] ... I have asked my department to see what can be done to assist the court find suitable accommodation for the ... Smithton lists," she said. "Until this occurs I understand the court will transfer Smithton matters to Burnie as needed."
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Rob Inglis
Rob Inglis is a reporter with The Examiner, covering state and federal politics. He is based in Hobart.
Rob Inglis is a reporter with The Examiner, covering state and federal politics. He is based in Hobart.
