CourtSA's launch in the criminal jurisdiction

We sat down with CourtSA Executive Director, David Connoley, to find out everything you need to know about CourtSA’s 28 February, 2022 launch in the criminal jurisdiction.

What is CourtSA?

CourtSA is the Courts Administration Authority’s electronic case management system. It is already being used in the civil and probate jurisdictions and is now being launched in the criminal jurisdictions of the Magistrates, District, Supreme and Youth Courts to enable lawyers to view cases and electronically view and lodge documents.

When is CourtSA launching in the criminal jurisdiction?

Monday 28 February, 2022.

What won’t I be able to do using CourtSA?

• Access a case you’re not a party to • Communicate with the Court • Lodge documents that cannot be scanned and uploaded • Perform criminal history checks • Request to have your hearing adjourned (without the consent of the other parties) • Serve documents • Store and view evidence in court or anywhere else (CourtSA is not an evidence management system) • View certain documents on

Intervention Order cases • View Committal Briefs • View Facts of Charge • View Offender History Summary Report

Will lawyers have to use CourtSA?

A decision is yet to be made.

RULES AND FORMS

What Rules and Forms will apply?

The Joint Rules Advisory Committee are in the process of drafting new Joint Criminal Rules and Forms (Joint Criminal Rules) which will apply to the Magistrates, District, Supreme and ERD Courts. The Joint Criminal Rules are expected to come into effect to coincide with CourtSA’s launch on 28 February, 2022.

Can the current Rules and Forms be used after 28 February, 2022?

No, once the Rules come into effect, they must be used in CourtSA and over the counter lodgements.

LISTINGS

Will there be changes to criminal listings when CourtSA launches?

Yes, in the Magistrates Court there will be no trials in March and: • 28 February – 25 March: Lists will be limited to 40 matters per day • 28 March - 8 April: Lists will gradually increase • 11 April onwards: Normal listing • We will advise if there are any changes to the Higher Courts and Youth Court closer to the date.

ACCESSING COURTSA AND CASES

How can lawyers prepare for the launch of CourtSA?

Make sure your L and P Code details are up to date with the Law Society.

How will lawyers access CourtSA in the criminal jurisdiction?

If you are a lawyer working for a firm or organisation, do not create your own account. Your firm’s account administrator will do this for you.

If your firm doesn’t have a CourtSA account, your account administrator can go to https://courtsa.courts.sa.gov.au/ and create one.

If you already have a CourtSA account, you don’t need to do anything.

How will lawyers get access to cases?

From 28 February, 2022, you will need to request access from the Court through CourtSA. It is not possible for the Court to provide you automatic access to any cases you may already be acting on.

Under the new Rules, when you request case access you must provide your P Code. This will generate a Notice of Acting identifying you as the Responsible Solicitor on the case and you will receive CourtSA notifications related to the case.

If case access is granted, you (as the Responsible Solicitor) and your CourtSA Account Administrator will be given access to the case. Your CourtSA Account Administrator can then allocate it to anyone else in your organisation.

If your client has more than one case, you can request access to multiple cases at a time (as long as you are instructed on the additional cases). If your client has other cases, you are not instructed on you cannot access them. To get a list of your client’s cases email enquiry@courts.sa.gov.au.

How long will it take to process case access requests?

Requests are usually processed within 24 hours. However, please be mindful that in the weeks after the launch there will be an increased demand for case access so it may take longer.

If you need urgent access to a case, you need to lodge your request using CourtSA, make note of the administrative case number allocated to your request, the name and number of the case you wish to access, and contact CourtSA Registry Services.

Will defendants be able to access their cases?

Yes, they may request access and if it is granted, they will get access to the case. They will be able to view and do anything a lawyer can do.

If they instruct a lawyer, the lawyer will need to request case access. Both the defendant and lawyer will have access to the case.

Will barristers be able to access their clients’ cases?

Yes, barristers will need to request access to their clients’ cases from the Court using CourtSA.

LODGING

How will documents be lodged?

Documents won’t be signed using CourtSA. If a document requires a signature it must be printed, signed, scanned and uploaded to CourtSA.

If no signature is required, the document can be saved as a PDF and uploaded.

When a document is lodged, the lodging party will receive a notification to let them know it’s been received by the Registry for review. If the document is accepted, the party will receive another notification letting them know the document can be accessed on CourtSA. If

the document is rejected, the notification will explain why.

How will bail applications be made?

You will need to complete a paper bail application form, sign, scan and upload it to CourtSA.

If your client has multiple cases, you will need to do an application for each case.

Will lodging a document on CourtSA count as service?

No, once a document has been lodged using CourtSA the parties must still comply with any service obligations under the Rules.

WHAT WILL BE AVAILABLE ON COURTSA?

What documents will be available on the electronic court file?

The Joint Rules Committee is developing a policy regarding which documents will and will not be available on CourtSA.

Will documents lodged over the counter after 28 February, 2022 be available on CourtSA?

Yes, the Registry will scan and add documents to CourtSA (provided it adheres to the policy defined by the Joint Rules Committee).

Will documents lodged before 28 February, 2022 be available on the electronic court file?

No, if you want to view a document lodged before 28 February, 2022 you will need to go to the Registry and request it.

Will CourtSA display my client’s charges and upcoming hearing dates?

Yes, each case will show the charges and upcoming hearings.

When will outcomes be available?

As soon as the outcome is authorised by the Judicial Officer it will appear on CourtSA. You will not be notified that the outcome has been made, you will need to check the case.

IN COURT

Can lawyers use CourtSA in court?

Parties will be able to login to CourtSA in court and access the electronic court file instead of carrying a paper file. Judicial officers will also have access to the electronic court file on the bench.

Can someone other than the Responsible Solicitor appear for the defendant?

Yes, anyone who is licensed to practice (including those outside your firm) can appear for the defendant.

Will documents still be able to be tendered in court?

A decision is yet to be made.

How will defendants sign bail agreements?

There will be no change to the way defendants sign bail agreements.

TRAINING

What training will criminal lawyers get?

In the week 14 – 18 February,

COMMITTEE REPRESENTATIVE CONTACT EMAIL Aboriginal Issues Committee Yan Robson yan@yanrobson.com Aboriginal Legal Rights Movement Rosie Denny rosied@alrm.org.au Animal Law Committee Jillian Smith jsmith@rspcasa.org.au Criminal Law Committee James Caldicott jcaldicott@caldicottlawyers.com.au Community Legal Centres Cathy McMorrine cmcmorrine@communityjustice.org.au Country Practitioners Committee Sarah Graham sgraham@spencergulflaw.com.au Law Society Council Emma Shaw emma.shaw@lsc.sa.gov.au Legal Services Commission Diana Newcombe diana.newcombe@lsc.sa.gov.au SA Bar Jane Abbey jabbey@lenkingchambers.com.au Small Practice Committee Tim Dibden admin@timdibden.com.au 2022, the CourtSA team will be giving information sessions about: • Accounts for Account Administrators (setting up your firm’s account, inviting users, allocating cases to users etc) • Navigating CourtSA, lodging and where to go for help • Lodging Informations • Lodging a private Intervention Order • Lodging a bail application, review, plea or anything else

In March and April, 2022, the team will hold frequently asked questions sessions.

These sessions will be run through the Law Society with registrations opening closer to the date.

The CourtSA Help Centre will also contain resources to help people self-serve.

Can I see CourtSA criminal before it goes live?

Unfortunately, no. The system won’t be ready to be used until it launches. However, representatives from relevant Law Society Committees are on the CourtSA Criminal Practitioner User Group (CCPUG). This group has monthly meetings with the CourtSA team including demonstrations and updates. Representatives are responsible for providing guidance and feedback to the Courts Administration Authority (CAA). If you have any questions about CourtSA please direct them to one of the Society representatives (listed below, along with the Society Committee they belong to). The representative will raise your questions with the group and the CAA:

Alternatively, questions can be sent directly to Eloise Burge, Online Services and Practitioner Engagement Manager, at eloise.burge@courts.sa.gov.au.

TROUBLE SHOOTING

What do I do if CourtSA is not available?

You can lodge over the counter or via email.

Who can I contact if I experience any issues with accessing CourtSA?

Email CourtSA Registry Services at enquiry@courts.sa.gov.au.