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Magistrates' Court registry provide the magistrate a summary from other courts

Recommendation:
067
Status:
Implemented

Who is leading the change

  • Court Services Victoria

The Magistrates’ Court of Victoria registry, in all police-initiated applications for family violence intervention orders, provide to the magistrate a summary indicating the status of any related proceedings in the Children’s Court of Victoria (or vice-versa), the Family Court of Australia and/or the Federal Circuit Court of Australia. If information is not available from other jurisdictions, this should be stated. In non-police initiated family violence intervention orders, the Magistrates’ Court registry should also provide the information recommended to be provided by Victoria Police in an application initiated by it. The Magistrates’ Court registry should also adopt a practice of providing risk assessments made by applicant and respondent support workers to magistrates as a matter of course.

  • The Magistrates’ Court is working to make courts safer and less traumatic for victim survivors by developing innovative approaches to improve the court experience. This recommendation relies on the work for other recommendations, particularly Recommendation 66. In consultation with Victoria Police, the Magistrates’ Court will progress this recommendation by:

    • examining the funding and resourcing requirements to implement this recommendation
    • undertaking consultation with key stakeholders, including other court jurisdictions
    • identifying system improvements to enable the recommended information sharing
    • identifying any requirements for legislative change
  • The implementation of the Family Violence Information Sharing Scheme and the Multi-Agency Risk Assessment and Management Framework during 2018 has underpinned the approach to this recommendation.

    The Magistrates’ Court of Victoria has developed best practice guidance for family violence list management, as well as developed operational processes that support registrars to prepare family violence intervention order court files.

    This has been developed with the safety of women and children at the forefront. This recommendation has been informed by consultation with the Children’s Court of Victoria, the Family Court of Australia, the Federal Circuit Court of Australia and Victoria Police. The Magistrates’ Court of Victoria has approached implementation of this recommendation in an integrated manner with other key information sharing recommendations (particularly Recommendations 65, 66 and 136).

    This recommendation relies on the work for Recommendations 62, 63, 64, 65, 66, 68, 73, 135 and 136.

  • Implemented.

Reviewed 17 May 2020

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