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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-11-28 Daily Xml
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Reserved Judgement Timeliness Benchmarks

The Hon. D.G.E. HOOD (15:07): I seek leave to make a brief explanation before asking my last question of the year to the Attorney-General regarding reserved judgement timeliness benchmarks?

Leave granted.

The Hon. D.G.E. HOOD: By way of introduction, if the Attorney remembers this question, or a very similar question, it is because I intend to ask it each 12 months and it has been a little bit over 12 months since I last asked it, or a similar question, looking for an update. The Courts Administration Authority of South Australia has determined timeliness benchmarks for reserved judgements, which have been in place since 2020. These timeliness benchmarks state that:

100 percent of civil and criminal judgements in the Magistrates Court are to be delivered within six months of the reservation judgement, with the exception of cases where an extension of time has been granted by the Chief Magistrate;

100 percent of judgements are to be delivered within the District Court within six months; and

85 percent of judgements in the Supreme Court (Full Court) are to be delivered within four months.

I note that in reference to these benchmarks District Court Judge Paul Muscat stated in June last year:

It's not infrequent now that somebody who gets committed to this court is not sentenced for somewhere between six and 12 months…That never used to be the case.

Of course, this is well outside of the guidelines. So my questions to the Attorney are:

1. How is compliance with these judgement timeliness benchmarks being monitored? Is it being monitored at all and, if so, is that publicly available and, if so, where might I access them?

2. Is the Attorney aware of what percentage of judgements are made within these benchmarks? Is that information publicly available?

3. What action has the state government taken to improve adherence to judgement timeliness benchmarks since Judge Muscat made his remarks some 12 months ago?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:09): I thank the honourable member for his questions. I will be very happy to take those on notice. I don't have figures in front of me now, but I certainly will take them on notice. I thank the honourable member for his last question of the year. As I have mentioned in this place quite a few times, as it pertains to the opposition benches, he is the only one whom we regularly fear: he asks probing questions, and I am slightly embarrassed to say that he has found me wanting, on this occasion, without the information that he desires.

They are important questions about how we administer justice, and justice in a timely manner, in this state, so I certainly will take those questions on notice. I might just add, too, that we have seen significant increases in funding in relation to courts and the DPP over the last few budgets, which help with case flow and help with what is often an increasing level of work that is needed to be done in our criminal justice system. In terms of the figures that the honourable member seeks, I will certainly take that on notice and bring back a reply.

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