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Society outlines key asks in State Budget submission
The Law Society released its 2020-21 State Budget submission in February, which addresses key areas that the Society, on behalf of Members, have identified as in need of resourcing and improvement. A number of the key asks in the State Budget Submission are based on independent reports commissioned by Government. These reports include the Review of Major Indictable reforms conducted by the Hon Brian Martin AO QC, the Mansfield inquiry into the Return to Work Act, and the Social Development Committee’s review of the CTP scheme. The Society is calling on the Government to act on the recommendations made in recent reports. Reform and appropriate resourcing is required to address the deficiencies of the major indictable process, to fix the discriminatory aspects of our personal injury laws, and to improve access to justice in this State.
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The heart of the justice system, the courts, has been starved of adequate investment for years, and requires greater investment to operate at an acceptable level. This is particularly the case in the youth justice system, where the Youth Court has been forced to bear a significant legislationdriven increase in workload without a commensurate increase in resources.
MAJOR INDICTABLE REFORM The issue: The Hon Brian Martin AO QC, in his Review of Major Indictable Reforms, made a number of recommendations to address current flaws in the system and make it work more effectively, including the recommendation that DPP take control of matters from the time of arrest with the power to direct SAPOL to obtain further evidence in a timely fashion so matters can be advanced quickly and efficiently.
KEY ASKS • That the Martin Report Recommendations are implemented and the DPP is adequately resourced to undertake all adjudications in major indictable matters and appear from the second appearance thereafter. • That Forensics SA is adequately resourced to ensure forensic evidence can be obtained efficiently (to ensure the prescribed timeframes recommended by Mr Martin can be met).
YOUTH COURT The issue: The Youth Court’s workload has significantly increased since amendments to the Children and Young People Safety Act were introduced in 2018, but it has not received any extra resources to deal with the spike in cases coming before the Court.
KEY ASK • The appointment of an additional fulltime Magistrate in the Youth Court.
WORKERS COMPENSATION The issue: The test for compensability for psychiatric injuries is higher than physical injuries under the Return to Work Act. The Act also does not provide for payment of a lump sum for non-economic loss in cases of psychiatric injury.
KEY ASKS • That the Return to Work Act 2014 be amended to address the discrimination against workers with psychiatric injuries. • That the Scheme is funded accordingly to compensate for psychiatric injuries and provide payment for noneconomic loss in cases of psychiatric
injury giving rise to a permanent impairment.
MOTOR INJURY COMPENSATION The issue: The CTP Scheme is unfair and restrictive and discourages claims even in cases of severe injury.
KEY ASKS • Remove the 20% reduction in compensation when calculating economic loss in CTP claims. • Reduce the threshold to recover legal costs associated with CTP compensation claims, so it is in line with other civil claims. • Adequately fund the CTP scheme to implement these reforms.
JUDICIAL RESOURCES
The Courts system has long been under-resourced and the Supreme Court has been operating with a reduced pool of judges for several months. The soon to be established Court of Appeal is also likely to require additional resources to operate effectively.
KEY ASKS • The immediate appointment of Supreme Court Judges - to fill the vacancy on the Court and an additional Judge, and funding to ensure all judicial officers have requisite administrative support • Additional funding to operate the Court of Appeal. B
