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October 2016 | MCV Newsletter Edition 01
Daily Law List and Efas Contact Courts
Welcome to the Magistrates' Court of Victoria's first newsletter, a regular online newsletter to keep you informed of the Court's latest news and announcements.

Foreword from our CEO

The Magistrates' Court is undergoing a period of significant change. Along with the recommendations from the Royal Commission into Family Violence, the Court has been working on a reform program to improve the way services are delivered to the Community.

As the reform program develops, it is important that we keep those around us up-to-date with progress. One of the ways in which we will keep those around the Court informed of what is happening is through this newsletter that we will put out monthly. This is the first one so we would appreciate any feedback or ideas you may have on what we need to keep you up to date with.

Return to Heidelberg Court

Heidelberg Court House was officially reopened by the Attorney General on 22 July.

The Court closed in 2015 due to extensive flooding and subsequent damage. During the closure of the building all court sittings were moved to other court locations including Broadmeadows, Ringwood and Melbourne Magistrates Court.

The redevelopment of the building included improving the functionality of the facility, particularly in managing family violence cases. Other features of the redeveloped building include separate waiting areas for applicants and respondents in intervention order matters, a remote witness waiting room, and screening installed in one courtroom to visually separate parties when required.

Staff have now settled back into the rebuilt premises and court sittings are running as usual.

Shepparton Law Courts Construction Update

Construction of the Shepparton Law Courts began earlier this year and will continue into 2017. The build aims to deliver modern, expanded court facilities and a regional headquarters for the Hume/Goulburn region. Contractors recently completed underground sewerage works, the piling and anchoring. All work is currently being undertaken under street/ground level as the contractors are working on the infrastructure under the basement level. The next stage of the construction is for the basement concrete slab to be poured creating the foundations for the 5 storey building. Progress at the construction site can be viewed via ADCO’s progress camera which gives a time-lapse impression of the construction site.

Moorabbin Stakeholder Event

On 31 August 2016 the Moorabbin Justice Centre held a community engagement event which was attended by approximately 60 people from 25 different treatment agencies and organisations from the Moorabbin Justice Centre catchment area.

At the event two different Q & A panels were held to allow the attendees to put questions to a range of people working within the Moorabbin Justice Centre including Magistrates, Victoria Police, Corrections Victoria, Victoria Legal Aid, Family Violence & CISP staff, Youth Justice, Salvation Army, Court Network and VCAT.

The initial feedback on the day from all services who attended was very positive.

AVL Hearings

In 2014, the Court commenced a project to install and trial modern internet based video conference technology and processes with the aim of improving and expanding the capacity to video conference matters between Courts and Corrections Victoria. The trial involved the roll out of new video conferencing equipment to 18 courtrooms in nine court venues and the installation of an additional 22 units in four prison locations.

On the back of the success of the trial, funding was provided to the Court to further expand the availability. The Video Conferencing Expansion Project (VCEP) will install 151 video conference units at 37 sites across Victoria. These sites include all Melbourne metro courts, major regional and a select number of satellite regional courts. It is expected that the full roll out will be completed by mid-2017. So far 50 units have been installed out of the 151 units. All metro and suburban court upgrades have been completed and work has now started on the expansion to regional courts.

On 12 September 2016 the Justice Legislation (Evidence and other Acts) Amendment Act 2016 commenced and amended the Evidence (Miscellaneous Provisions) Act 1958 in relation to appearances of an accused being held in custody. The amendments outline the circumstances in which an accused will appear via AVL or physically attend the Court.

For more information, visit the Magistrates’ Court website.

 

Electronic Warrants – Working with Victoria Police

In late 2014, the Magistrates’ Court, Children’s Court and Victoria Police commenced a project with the aim of creating electronic arrest warrants, which could be sent and automatically uploaded into Victoria Police IT systems. The project was undertaken to improve the time in which warrant data being entered into Victoria Police IT systems was made available to operational police for execution.

Changes have been made to the Court and Victoria Police’s IT systems. Additionally, legislative changes have commenced to enable the electronic transmission of warrants.

From 16 August 2016 warrants commenced being sent electronically directly into Victoria Police systems. The warrants are transmitted overnight and Victoria Police then record this data in their IT systems. A printable copy of the warrant is then able to be generated to become the execution copy of the warrant.

Case Tracking and Electronic Party Notification

The Court's criminal and civil lists are published electronically via the Court’s Electronic Filing Appearance System (EFAS). Visit the Magistrates' Court of Victoria EFAS/ electronic daily list to search for matters.
 
You can also sign up to track a case electronically. Case Tracking allows you to follow a case by registering your email address and/or mobile phone number. If hearing details change on the case you are tracking, an email or SMS text message will be sent to you with the new hearing details. Hearing details are updated each night. You can sign up for case tracking via the EFAS / electronic daily list website.

In August further enhancements were made to EFAS which introduced Electronic Party Notifications (EPN). These enhancements allow court staff to record a party’s contact name, role and mobile number against a specific criminal or civil case. Court staff can then SMS that party as needed, for example, to advise the time that their matter will be called in court. Any cases on the Magistrates’ Court daily law list are available for EPN, which includes criminal and civil cases (that are not subject to a suppression order). Family violence intervention order and personal safety intervention orders cases, Children’s Court cases and Victim of Crime cases do not appear on the daily list website and are not available for EPN.

EPN is currently being trialed at Ringwood Court. Contact the Court Coordinator on the morning of the hearing for more information. 
 

Specialist Court Updates

Expansion of Drug Court

Earlier this year the Attorney-General announced the state government had set aside $32 million in the 2016-17 state budget to expand the Drug Court's operations into the Melbourne Magistrates' Court.

A Steering Committee headed by Magistrate Tony Parsons has been established and planning for the new Drug Court has commenced. One major consideration is finding a suitable location for a new Drug Court House in the Melbourne CBD. The new location will house 25 staff.

More information about funding for this project can be found in the Attorney General’s media release from April.
 

Family Violence & Implementation of RCFV Recommendations

The Royal Commission into Family Violence made 227 recommendations aimed at improving the foundations of the current system, seizing opportunities to transform responses to family violence and building the structures that will guide and oversee a long-term program that deals with all aspects of family violence.
 
Of the 227 recommendations, there are 24 directed at the Magistrates’ Court and a further 129 that are considered to impact on the Court and that require the Court’s input.

The Magistrates' Court together with the Children’s Court, has recently established a Steering Committee to lead its response to the recommendations. It is a key priority for the Court to work closely with government and stakeholders to implement the relevant recommendations of the Commission.

One way in which the profession and family violence sector will be consulted on work addressing the recommendations from the Courts' perspective will be through the Chief Magistrates’ Family Violence Taskforce. The task force has been in operation for the last 12 months and has representatives from a number of stakeholder agencies.
 
Industrial Division Small Claims

Updated procedural information and forms pertaining to small claims (under $10,000) in the Industrial Division have been uploaded to the Magistrates Court website.

AVL Hearings
The Justice Legislation (Evidence and other Acts) Amendment Act 2016 came into effect. The amending Act changes the Evidence (Miscellaneous Provisions) Act 1958 in relation to appearance of an accused being held in custody.

For more information on AVL hearings visit our website.

Practice Directions
  • Practice Direction 11 of 2016 commenced on 12/09/2016 and sets out the procedure for applying for a direction that an accused person in custody is to appear physically before the Court.
  • Practice Direction 12 of 2016 will commence on 02/01/2017 and relates to the expansion of the fast tracking listing process to the Neighbourhood Justice Centre.
  • Practice Direction 13 of 2016 will commence on 02/01/2017 and relates to the expansion of the fast tracking listing process to Heidelberg and Melbourne.
  • Practice Directions 14 & 15 of 2016 have been issued and relate to the expansion of the Criminal Justice Diversion Program to the Koori Courts at Broadmeadows and Shepparton. 
For all Chief Magistrate practice directions visit our website.
 
Division: Industrial Division
Decision: GDP Property Services 
v Dwinger
Magistrate: P. Ginnane
Place of Hearing: Melbourne
Date of Judgment: 16 August 2016

Division: Workcover
Decision: Tuimaseve v Wesfarmers Limited (Workcover) [2016] VMC015
Magistrate: P. Ginnane
Place of Hearing: Melbourne
Date of Judgment: 7 September 2016

Division: Workcover
Decision: Harris v Lend Lease (Workcover) [2016] VMC016
Magistrate: S. Garnett
Place of Hearing: Latrobe Valley
Date of Judgment: 22 September 2016

Division: Civil
Decision: Courtney & Jackson v Howell (Civil) [2016] VMC017 (Cost Application)
Magistrate: S. Garnett
Place of Hearing: Bairnsdale
Date of Judgment: 12 October 2016

Division: Civil
Decision: Lennon Mazzeo Lawyers v Stuart Longhurst (Civil) [2016] VMC018
Magistrate: P. Ginnane
Place of Hearing: Melbourne
Date of Judgment: 14 October 2016

Division: Workcover
Decision: Lister v LD & D Foods (Workcover) [2016] VMC019
Magistrate: S. Garnett
Place of Hearing: Latrobe Valley
Date of Judgment: 18 October 2016

Division: Workcover
Decision: Ammon v Murray Goulburn (Workcover) [2016] VMC020
Magistrate: S. Garnett
Place of Hearing: Latrobe Valley
Date of Judgment: 25 October 2016

Visit the Magistrates' Court website to download the decision.

Events & Important Dates

2016 Appointments: This year we have welcomed four new magistrates to the Victorian Magistrates' Court:
  • Ms. Urfa Masood
    (26 April 2016)
  • Dr. Michael King
    (4 May 2016)
  • Ms. Sarah Leighfield
    (27 September 2016)
  • Mr. Simon Zebrowski
    (27 September 2016).
Visit the Attorney General's media portal to access the media releases about the appointment of these Magistrates'.
VOCAT Website: The new VOCAT website went live on 6 October and an official launch event will be held on 7 November 2016.
 
 
White Ribbon Day: is on the
25 November. The Magistrates' Court proudly supports this initiative to prevent violence against women. For more information visit the White Ribbon website.
 
 
Public Holiday: 1 November 2016 is Melbourne Cup.

Non-sitting Days: Please note that 25 November 2016 is a non-sitting day.

Last Sitting Day 2016:
23 December 2016 will be the last day for 2016.

First Sitting Day for 2017:
9 January 2017

For questions or feedback: help@magistratescourt.vic.gov.au

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