The Government is committed to the development of modern and technologically advanced State Courts.

Transcription

1 NEW COURTS BUILDING A commitment to the construction of a new State Courts precinct by 2023, with the State budget to provide funding for the development of a plan. The Government is committed to the development of modern and technologically advanced State Courts. The recent announcement of $31 million towards new criminal courtrooms (where the most acute difficulty exists) reflects this commitment. It also marks the early stage of this important staged upgrade to the State s court infrastructure. It must be recognised that in order to achieve significant gains in the efficiency and access of the Courts, it is also important to invest in technologies and related soft infrastructure. To this end, we have invested in audio and visual and other technology upgrades in the Courts, and will continue this investment into the future. COURT FUNDING A significant increase in the Courts Administration Authority s budget to enable it to operate effectively. The Government continues to work with the Courts to achieve greater efficiencies, and has recently invested in audio and visual upgrades. If and when there is evidence of shortages or a particular issue, we are committed to continue to work with the Courts Administration Authority to address these as they arise. The Government has also led major indictable reforms aimed at reducing delays and thereby improving efficiencies over time. The establishment of an independent authority to determine a formula for the appropriate Government funding to be provided to the CAA. If and when there is evidence of shortages or a particular issue, the Government is committed to continue to work with the Courts Administration Authority to address these as they arise. Court filing fees and transcript costs to be waived for ALRM lawyers acting in State courts for indigent Aboriginal clients. The Courts have discretion if and when any fees or costs ought to be waived. It appears preferable and more equitable to leave this discretion with the Courts to consider on a case by case basis, taking into account relevant circumstances. Further, the Government recently introduced and passed through Parliament the Statutes Amendment (Court Fees) Act Relevantly, the Act will insert new provisions, which will: broaden the regulation making powers with respect to the fixing of courts fees, including to allow

2 the regulations to prescribe tiered fees (for example, tiered civil lodgement fees based on the value of the claim) and to provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and subject to any express provisions, generally leave the costs of and incidental to all proceedings in the Courts, including the administration of estates and trusts, in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and to what extent such costs are to be paid. Improved, local court services for those who reside in regional areas. The Government has invested in audio and visual, and other technology upgrades in the Courts and will continue this investment into the future. The aim of this investment, among other things, is to improve access to the Courts for those living in regional areas. We recognise there are significant gains in the efficiency and access of the Courts through the continued investment in technologies and related soft infrastructure, and are committed to continue working with the Courts to achieve this. It should be noted in recent years the Director of Public Prosecutions has carriage of all criminal proceedings in regional areas from the beginning. Previously, SAPOL prosecutors took carriage of such criminal proceedings at their early stages. This change allows the DPP to more efficiently progress criminal proceedings, which over time should lead to more overall efficiencies. Probate fees and court fees, if to continue to be imposed, to be based on the value of the work involved. As in 2.3, and if this change is to be responsibly adopted, the Government considers it important to consult with the Courts Administration Authority to understand the impact this may have on its budget. We are open to discussing this with the CAA. That the Courts Administration Authority is provided the resources to engage a disability access consultant to provide advice and recommendations on the courts redevelopment project. The South Australian Labor Government is committed to ensuring disability access is addressed and will work with the Courts Administration Authority and the Department of Planning, Transport and Infrastructure (which has responsibility and experience in managing Government buildings) to achieve this. That, in addition to the planned court upgrades, funding is allocated for the urgent upgrades of courtrooms 1 and 2 of the Supreme Court to provide access for those with a disability, with a particular focus on ensuring the accessibility of participants with a disability who are involved in a trial. As above in 2.6, the Government commits to addressing this issue. ACCESS TO JUSTICE The share of funding to South Australian Community Legal Centres by the State be increased to at least 40% of the total funding for CLCs. South Australia faced the largest cut of any jurisdiction to Commonwealth funding for community legal services, resulting in a loss of almost $2 million each year in funding compared with levels. The more recent increase in Commonwealth funding does not reverse their cuts to Community Legal Centres in

3 South Australia. The Government has been forced to find efficiencies to continue to deliver legal services to South Australians. This was done in consultation with the sector. In addition, the Government provided the Legal Services Commission with $320,000 additional funding each year to deliver expanded information, advice and referral service. The intention is to make the Legal Services Commission the first point of contact for people seeking legal information, advice or assistance. This model is endorsed by the Productivity Commission report into access to justice, which recommended each jurisdiction establish an entry point for legal information and assistance, with strong referral links. The South Australian Labor Government is committed to standing up for South Australians and will continue to advocate to the Commonwealth for greater funding of Community Legal Centres in South Australia. A commitment to an ongoing budget contribution to the core operating costs of JusticeNetSA. JusticeNetSA is part of an important network of legal services including Adelaide Central & Hills by Uniting Communities; Adelaide South by Southern Community Justice Centre; Adelaide West by Westside Lawyers; Adelaide North by Northern Community Legal Centre; SA Southern, South East & Riverland by Southern Community Justice Centre; SA Mid North & Outback by Westside Lawyers; Women s Legal Services provided by the Women s Legal Service of SA; Welfare Rights Services provided by Uniting Communities; Mediation Services provided by Uniting Communities. The Government is open to discuss with JusticeNet SA a funding model with suitable ongoing evaluation and audit. The provision of at least one additional full time psychiatrist in the Forensic Mental Health Services Unit. A review of Forensic Mental Health Services was conducted in July 2015 and the Government has accepted the vast majority of its recommendations. In its response to the review, we undertook to consider the development of in reach mental health services for prisoners through the Forensic Mental Health Service. A detailed proposal has now been prepared and is being considered. Part of this proposal is to employ additional medical, nursing, social work, psychology and occupational therapy staff in order to expand the in reach mental health services provided to prisoners. It may also be noted that the Government has recently committed to cover the cost of psychiatric reports previously funded from the Courts Administration Authority budget. This has resulted in the relief of that cost pressure from the Courts Administration budget. Greater investment in psychological and psychiatric assessment and treatment services for prisoners, including those on remand. As stated in our response to item 3.3, the Government is considering expanding in reach mental health services provided to prisoners, which will include those on remand. The intention is to provide high quality mental health assessment, treatment and care for prisoners.

4 We currently have psychological services in place for the assessment and treatment of prisoners comprised of more than 70 psychologists, social workers, and assessment and rehabilitation clinicians employed across the prison system. This Government also invested in the High Dependency Unit at Yatala Labour Prison and the Complex Needs Unit at Port Augusta Prison, providing specialist services for prisoners with acute psychological needs. Investment in specialised services for prisoners with acquired brain injuries. In 2016 the Government established a new specialist disability unit in James Nash House. The new unit is for people with an intellectual disability or acquired brain injury and provides further specialised support to patients in the forensic mental health system. The SA Prison Health Service endeavours to provide all prisoners with access to equivalent health services for a range of conditions, including acquired brain injuries, which members of the general community have access to. Greater investment in rehabilitation programs tailored to the needs of individuals, including follow up programs in the community. As stated in 3.3, the Government is considering expanding in reach mental health services provided to prisoners. It is intended for this expanded service to provide transition and referral services to enable access to community mental health services upon release from custody, as well as establishing partnerships with government and non government organisations to ensure prisoners on release have the supports they need. A greater investment in cognitive impairment services in high risk communities so that vulnerable members of the community can receive treatment early and before offending escalates. The Government is open to consider any detailed proposal. Practitioners undertaking psychological assessments of prisoners (including non court ordered assessments) to be granted at least two hours to assess a client. The Government is committed to ensuring that all prisoners, including those on remand, have timely access to psychological assessments. The restoration of $6 million in funding for the Legal Services Commission. The South Australian Labor Government recently provided the Legal Services Commission with $320,000 additional funding each year to deliver expanded information, advice and referral service. We will consider any proposal from the Commission if there is evidence of shortages or a particular issue hindering the work or service of the Commission, and are committed to continuing to work with the Commission to address these. In addition to a restoration of previously reduced funding (as above), increased funding to allow the Legal Services Commission to increase payments to the private legal profession acting in legal aid

5 matters. The Government will seek advice from the Legal Services Commission on this proposal. Allocation of funding to the Legal Services Commission for the provision of legal representation in civil matters. Contingent fees or conditional cost agreements exist in civil matters to assist those seeking legal representation. Furthermore, the Government introduced the South Australian Civil and Administrative Tribunal to provide a low cost, accessible and responsive service to resolve specific common civil and administrative disputes. The Attorney General s Department is also presently piloting through the Public Trustee the use of emerging technology to explore the potential to resolve disputes more efficiently. Funding for the provision of legal representation for people subject to guardianship, medical treatment and residence orders who appear in the SACAT in first instance matters. As noted in 3.11, SACAT provides low cost, accessible and responsive service to resolve specific common civil and administrative disputes. In particular, for example, the rules of evidence do not apply to SACAT proceedings. Furthermore, the Office of the Public Advocate is able to resolve disputes about an advance care directive (health, accommodation or personal decisions) or a health consent issue without the need to go through a formal SACAT process. It does this through a mediation service. FAIRER COMPENSATION The Parliament conduct a review of the impact of recent amendments to the Civil Liability Act 1936 in relation to the scope of liability, burden of proof, assumption of risk, negligence on the part of persons professing to have a particular skill, exclusion of liability for criminal conduct and in the area of contributory negligence. The Government is open to consider conducting a review of the impact of recent amendments to the Civil Liability Act Request for particular recommendations in the Final Report into the Referral for an Inquiry into the Return to Work Act and Scheme to be adopted. On 14 November 2017 the Government appointed former Justice of the Federal Court of Australia, the Hon John Mansfield AM QC, to conduct an independent review of the Act and its administration and operation pursuant to section 203 of the Act. The review commenced on 4 December The review will be completed within six months of its commencement. The Society is invited to make a submission to the review. More information on the review including its terms of reference and how to make a submission can be found at andconsultations/independent review RTW. The removal of Injury Scale Value thresholds as they limit the ability of the injured to qualify for compensation for both economic loss and non economic loss.

6 The Government is open to consider this proposal together with the evidence based rationale. The CTP Scheme to allow appropriate compensation to the injured for pain and suffering. The Government is open to consider this proposal together with the evidence based rationale. The removal of a 20% reduction in compensation when calculating economic loss. The Government is open to consider this proposal together with the evidence based rationale. Reinstatement of the right of the injured to recover legal costs incurred associated with their claim for compensation, regardless of the value of their claim. The Government is open to consider this proposal together with the evidence based rationale. An insurer to only have the right to obtain medical records of the injured person that are directly relevant to the assessment of the compensation claim. The Government is open to consider this proposal together with the evidence based rationale. An injured person who is seeking compensation, not just the insurer, be allowed to seek an Injury Scale Value assessment. The Government is open to consider this proposal together with the evidence based rationale. That the Victims of Crime scheme reverts back to an injury scale running from 1 50, as per the previous Victims of Crime Act, but the compensation payable doubled across the board and indexed to inflation. Thus, the formula for awarding compensation for pain and suffering would be The numerical value of an injury multiplied by $2000 (indexed to inflation). In light of the Government s recent increase to the maximum payable and legal fees under the Victims of Crime scheme, we consider it prudent to allow sufficient time to monitor and review these recent changes and its impact before considering any further such changes. It should also be noted that in appropriate circumstances the Attorney General has discretion to consider awarding a higher payment. Representation costs be allowed for legal representation on the same basis as the allowance of representation costs to injured workers under the Return to Work Act As above in 4.9. CHILD PROTECTION AND YOUTH JUSTICE That there be a significant expansion of early intervention and prevention programs, including intensive, individualised, youth based rehabilitative programs that address the underlying factors of offending, such as education, health, employment, homelessness and child protection. The Government is committed to continue funding appropriate and meritorious intervention and prevention programs which address the underlying factors of offending, and is open to consider any detailed proposals.

7 Over the years the Government has supported a range of programs and initiatives through funding and will look to continue this support. For example we supported initiatives to address offending like the Davenport Community Council Inc. mentoring program for Aboriginal youth in Port Augusta, InComPro Incorporated s Youth Empowerment Project with a focus on a group of young people known to SA Police as Operation Mandrake, St John's Youth Services Nunga Café and Youth Hub Project which will assist young people currently experiencing homelessness and exclusion from opportunities that may be at risk of becoming victims of crime or offending, and other such initiatives. Other broader intervention and prevention programs and services include by way of example: Positive Parenting Program (Triple P) a multi level, evidence based parenting and family support strategy which promotes prevention and provides early support to families. Family Preservation and Reunification Services which include home visits, counselling, supported contact between parents and children, parenting and skill development, communication building and conflict resolution. Multiple regionally based services that support families, parents and young children. Targeted Intervention Program Aboriginal Family Support Services which provides intervention to families with children from birth to 18 years who are experiencing abuse or neglect. A commitment to increasing and accelerating access to rehabilitation and support programs so that young people in custody, including those on remand, can access these programs in a timely manner. The Government is committed to support such rehabilitation and support programs and is always open to consider any detailed proposals. That young people are not sentenced as adults but rather, directed to appropriate rehabilitation, diversion and restorative justice programs, under supervision. In the main, young people will be sentenced under the youth sentencing regime and as set out in item 5.1, the Government is committed to supporting a range of intervention and prevention initiatives. Amendments to the Young Offenders Act 1993 introduced through the Statues Amendment (Youths Sentenced as Adults) Bill 2017 were recently debated and resolved through the passage of the Bill in Parliament. The Bill makes it plain that any young offender sentenced as an adult in a higher court should be sentenced on the same principles as an adult offender with the safety of the community the paramount consideration. This represents a shift in how a very small number of young persons are to be sentenced. The Bill is not aimed at the typical young offender but rather at enhancing public protection from this very small group of serious young offenders. The Government introduced these reforms in response to wide concern over the perceived inadequacy of sentences (and the underlying principles to be applied) imposed on a small number of young offenders who have committed grave offences. The amendments provide the paramount consideration of a court when determining the sentence for a young offender who is being dealt with as an adult is the protection of the safety of the community.

8 That the Government engages in meaningful consultation with stakeholders on any proposed laws regarding the welfare and rights sentencing of children and youth offending. The Government is committed to continue meaningful consultation with interested parties on any proposed laws whilst acting promptly where needed to ensure community safety. The Government prioritises the passage of an Early Intervention Bill. Recently the Government introduced the Children and Young People (Development, Wellbeing and Early Intervention) Bill 2017 to Parliament, which was unable to be passed before the end of Parliamentary sitting. The Government is committed to the timely passage of this Bill when Parliament returns this year. That the State abolishes time limits that currently apply to personal injury claims resulting from sexual abuse of a claimant where the claimant was a child. The Government considers there is no need to abolish such time limits. The Government s ex gratia compensation scheme works well and provides survivors an alternative means to seek compensation and avoid the trauma of the courts process. It may also be noted that the Court has discretion to extend any time limits and the Government understands there has been no case to date where the Court has refused any relevant application for an extension of time. That the removal of time limits be retrospective in effect so that victims whose claims may have been subject to a limitation are able to make a claim for damages. As above in 5.6. That the definition of child abuse, for the purpose of making a personal injury claim, be expanded to include serious physical abuse and other abuse. The Government is open to consider this proposal. ABORIGINAL JUSTICE That ongoing government funding be provided to allow Justice Reinvestment SA to implement its fiveyear action plan in Port Adelaide and monitor the effectiveness of its justice reinvestment initiatives. The Government has supported Justice Reinvestment SA and is open to discuss with Justice Reinvestment SA a funding model with suitable ongoing evaluation and audit. An increase in early intervention, prevention and rehabilitative services for Aboriginal communities. As in item 5.1, the Government is committed to continue funding appropriate and meritorious intervention and prevention and rehabilitative services for Aboriginal Communities and is open to consider any detailed proposals. A commitment to monitoring criminal behaviour and to reducing indigenous incarceration rates in SA in order to allow the development of evidence based programs. The causes of indigenous incarceration rates is complex. The Government is committed to an evidence

9 based approach to reducing the indigenous incarceration rates in South Australia and is open to consider any detailed proposal that helps to achieve this. Specific additional funding be provided to the Courts Administration Authority to: create a think tank for interpreters, Aboriginal representatives, court personnel, trainers and accreditors to examine issues and challenges relating to interpreters and make recommendations to improve interpretive services; fund initiatives identified by the think tank; implement pay scales for interpreters to reflect the complexity and skill required in court work; provide training for interpreters, judicial officers, lawyers and court staff to foster a greater understanding of the roles of each party. The Government is committed to working with the Courts Administration Authority to address any areas of need and is open to discussing this proposal with the Authority. Access to Courts and other public services by Aboriginal people is an important issue. In relation to interpreters, the Government committed $2.3 million over four years in the State Budget for the establishment of a South Australian Aboriginal Interpreter Service. The initiative aims to improve service delivery to Aboriginal South Australians by increasing the pool of interpreters available across regional and metropolitan South Australia and raising awareness in the public sector about when and how interpreters should be engaged. In 2015 the Government developed the South Australian Policy for Aboriginal Languages Interpreters and Translators, which aims to ensure State Government agencies are using Aboriginal language interpreters consistently and appropriately. BUILDING BUSINESS A commitment to an audit of all South Australian legislation and regulation that impacts on businesses as to continuing relevance and to simplify and reduce the regulatory burden. The South Australian Government s Simplify Day initiative has resulted in the reduction of a significant amount of red tape. Interstate attempts at a complete audit of their legislation and regulation often experienced impasses and major delays before realising any reform and ultimately at significant cost to the taxpayer. The Government is open to consider any detailed proposal to reduce unnecessary red tape, whilst balancing broader consumer and community interests. Policy makers contemplating introduction or changes to major aspects of regulation must consult in a genuine and timely way with affected businesses, community organisations and individuals. The Government is committed to continue meaningful consultation with interested parties on any proposed laws whilst acting promptly where needed to act in the best interests of the community. PROTECTION OF ESSENTIAL STATE SERVICES That the terms of and conditions of the Contract the Government is entering into with Land Services SA be publicly disclosed. It is important for the benefit of South Australians that there is business confidence in transacting with the Government. Accordingly, documents the subject of commercial in confidence should maintain such confidence. That in any future sale of a State owned asset or a service provided by the State: the Government outline its proposal including the results of a cost/benefit and risk analysis, before proceeding to amend

10 legislation or include projections in the State budget; if not otherwise required to be debated by the Parliament, Parliamentary approval be required for sales expected to exceed $50 million; the terms and conditions of the contract be transparent, at least to the extent of security and privacy of information, manner in which an asset or service and associated information can be used, fees and charges to apply, return to the Government and commitments made by the Government, and where liability lies. Management of any State owned asset or service is the responsibility of the government of the day. Any government decision or action is subject to public scrutiny through the Parliament. In this way, any government is already necessarily and rightfully held accountable to South Australians. That the responsibility for the collection of Government fines remain a function of the Government. Amendments introduced through the Fines Enforcement and Debt Recovery Bill 2017 were recently debated and resolved through the passage of the Bill in Parliament. In cases of financial hardship, debtors will (in appropriate cases) be able to enter into voluntary agreements with the Chief Recovery Officer to offset their outstanding debts by performing community service or attending intervention or treatment programs for behavioural problems, problem gambling, substance abuse or mental impairment. A person who disputes that they owe the relevant debt will have a right to seek an internal review of a decision by the Chief Recovery Officer, and ultimately have a right of review by the Magistrates Court. Appellants suffering financial hardship are able to have application fees waived or reduced by the Court. SMARTER CRIMINAL POLICIES That the Government enact a charter of rights to ensure that State laws are compatible with a set of principles that protect and promote the basic freedoms, rights and responsibilities of all South Australians. The Government is open to consider any detailed proposal. That there be genuine consultation with stakeholders such as the Law Society on proposed legislative changes before they are introduced into Parliament, especially with regards to Bills that have implications for the basic legal rights of civilians. The Government is committed to continue meaningful consultation with interested parties on any proposed laws whilst acting promptly where needed in order to act in the best interests of the community. That an evidence based rationale be provided of the merits of proposed laws that may infringe a person s rights and freedoms. The Government is committed to continue to act in the best interests of the State. PRISONS Sufficient allocation of funds to support the execution of the 10by20 strategy to reduce re offending by 10% by 2020; this to include the establishment and further development of intensive rehabilitative programs aimed at diverting people away from prison. As part of our $40 million commitment to the implementation of the 10by20 strategy, the South Australian Labor Government committed $ million to deliver additional rehabilitation programs for prisoners. These programs focus on addressing the dynamic risk factors related to violent, sexual, domestic violence, generalised and drug related offending.

11 The delivery and effectiveness of these additional programs will be closely monitored by the DCS Chief Executive and Executive Group who have oversight of 10by20 s progress, and we undertake to provide regular updates on this progress. Adoption of the Standard Minimum Rules for the Treatment of Prisoners ( the Nelson Mandela Rules ) as minimum standards for people held in prisons and other forms of custody; and implementation of any changes needed to comply with these Rules. The Government is committed to the humane treatment of those in custody. On a national level all Australian jurisdictions refer primarily to the Standard Guidelines for Corrections in Australia, providing the foundation upon which our policy and performance standards are developed. There are a number of international instruments that make reference to the rights of prisoners, including The Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules). South Australia uses these Rules as an important point of reference in the treatment of our prisoners and constantly strives to uphold the fundamental principles they represent. We will continue to be guided by these rules in future reform of our correctional system. The concerns of the Society in relation to the Correctional Services (Miscellaneous) Amendment Bill 2017 be addressed. In particular, the removal from the Bill of the proposed deletion of section 22(3) of the Correctional Services Act 1982, which provides that person who is sentenced to a term of imprisonment exceeding 15 days must not be imprisoned in a police prison. To clarify a common misconception in relation to section 22(3), it is not the intention of this amendment to facilitate a practice of utilising police cells for longer periods of time. Prisoners are only held in police cells as required and only for limited periods of time. On average, a prisoner placed in a police cell is there no longer than four days. This amendment allows the Department to put both remand and non remand prisoners in police cells for short periods of time when needed, where currently they are only able to place remand prisoners and prisoners sentenced to less than 15 days in these cells. In practice this means the decision to place a prisoner in a police cell can be based more on an individual s particular circumstances, not their sentence status. The Government remains open to further discussions with the Law Society on our plan to comprehensively reform the Correctional Services Act if re elected in March.

12