Victoria's courts are being overwhelmed by a flood of family violence, the chiefs of the Magistrates' Court and the Children's Court say.
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Sweeping changes – and urgent funding increases – are needed to help the courts cope with family violence cases, Chief Magistrate Peter Lauritsen and Children's Court of Victoria president Amanda Chambers say in a frank joint submission to the Royal Commission into Family Violence.
The pair said almost 1000 family violence intervention order applications were granted every day in 2013-14, a 49 per cent increase since 2008-09.
However, they said the courts had not received a comparative increase in resourcing to meet this demand.
The pair pointed to the Dandenong Magistrates' Court, which is one of the busiest courts in Victoria for family violence matters. It has struggled to cope with a 58 per cent increase in family violence intervention order applications since 2001.
In the same period, the number of criminal cases heard by the court has leapt 100 per cent.
"The building is home to eight courtrooms, which are in use in each session, every day," they said. "Even if the court wanted to add extra court lists to cope with the demand, there is simply no more courtroom space available.
"Of particular concern are those courts located in or near Victoria's growth corridors, including in the south-west, north and south-east of Melbourne and in some regional centres. Existing courts in these areas are unable to cope with existing and future demand."
Two courts – the Ballarat and Heidelberg magistrates' courts – run a Family Violence Court Division, headed by specially appointed magistrates trained in family violence matters.
Almost all aspects of these courts are staffed by dedicated officials, including registrars, support workers, family violence outreach workers, Victorian Legal Aid officers, dedicated police prosecutors and even have extra security guards who have been specially trained in family violence issues.
Mr Lauritsen and Ms Chambers said this model should be introduced across the state, including enabling victims to give evidence via video link so they did not have to be in close proximity with a former partner who they had accused of violence.
The government should also fund court-ordered men's behavioural change programs for offenders.
They said the government should also:
- invest in new and existing court facilities to address demand for the courts;
- invest in security and safety measures to ensure victims had safe access to the courts;
- give magistrates' courts the power to issue warrants to remand in custody people who had been arrested under the intervention order application and warrant process;
- give additional funding to the Magistrates' Court and Children's Court to meet the increasing number and complexity of court cases, including family violence matters;
- invest in infrastructure to allow family violence victims to give pre-recorded video statements, rather than force them to give evidence in a courtroom with an accused present.
