<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2021-05-25" />
  <sessionName>Fifty-Fourth Parliament, Second Session (54-2)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="5516" />
  <endPage num="5892" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Court Delays</name>
      <text id="2021052544cea842e9e04bc3b0000656">
        <heading>Court Delays</heading>
      </text>
      <talker role="member" id="543" kind="question">
        <name>Ms BEDFORD</name>
        <house>House of Assembly</house>
        <electorate id="">Florey</electorate>
        <questions>
          <question date="2021-05-25">
            <name>Court Delays</name>
          </question>
        </questions>
        <startTime time="2021-05-25T15:09:19" />
        <text id="2021052544cea842e9e04bc3b0000657">
          <timeStamp time="2021-05-25T15:09:19" />
          <by role="member" id="543">Ms BEDFORD (Florey) (15:09):</by>  My question is to the Attorney-General. Following the 2019 report and recommendations of former Supreme Court Judge Martin, how soon after Auxiliary District Court Judge Barrett's current review and report will action be taken to reduce court delays?</text>
      </talker>
      <talker role="member" id="1804" kind="answer">
        <name>The Hon. V.A. CHAPMAN</name>
        <house>House of Assembly</house>
        <electorate id="">Bragg</electorate>
        <portfolios>
          <portfolio id="">
            <name>Deputy Premier</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Planning and Local Government</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2021-05-25">
            <name>Court Delays</name>
          </question>
        </questions>
        <startTime time="2021-05-25T15:09:37" />
        <text id="2021052544cea842e9e04bc3b0000658">
          <timeStamp time="2021-05-25T15:09:37" />
          <by role="member" id="1804">The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (15:09):</by>  The member has raised the question of the review in relation to major indictable reform, which arose out of legislation I think in 2016. We felt, coming into government, that there were some major weaknesses in relation to that legislation and so we asked retired judge Brian Martin and former Chief Justice of the Northern Territory (he served there as well) to undertake a review, which he did, and there was some significant implementation of that.</text>
        <text id="2021052544cea842e9e04bc3b0000659">Indeed, the new DPP coming into the office, Mr Martin Hinton QC, activated some significant reforms in the SAPOL prosecution unit and DPP department to try to increase some of those matters. Overlapping that, we have also acted as a government to reduce the significant level of discounting for sentencing in that time.</text>
        <text id="2021052544cea842e9e04bc3b0000660">Meanwhile, as the member may be aware, there was a statutory obligation, I think at the end of three years or four years, that there has to be a review done, which was imposed by the parliament. That has to be done separately. I have asked Gordon Barrett, who is also a former retired District Court judge, to undertake that review so a fresh set of eyes looks at it as well. He may well look at some aspects that need to be improved.</text>
        <text id="2021052544cea842e9e04bc3b0000661">It might be remembered that at the time of the major indictable review a lot of attention in the debate in this parliament was on what disclosure should there be by both the defence and the prosecution prior to matters—mostly by the defence in the bill, but we raised questions about the prosecution—so that there could be an opportunity for early resolution and early guilty pleas where the parties were fully advised, knew what the case was against them, etc.</text>
        <text id="2021052544cea842e9e04bc3b0000662">In fact, there was a whole suite of other reforms in that legislation which related to making it essentially cheaper—this is, by the former government's intimation here—by reducing the workload and early intervention of the DPP's office and leaving it with the police prosecution. That clearly had weaknesses; Mr Brian Martin identified those, and some of those reforms, as I say, have already been implemented and we are proud to have done so. Mr Barrett, though, under the statutory review has to do that. He has been commissioned to do it. I expect I will have something in the next couple of months from him in relation to that review.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>