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The Chief District Court Judge has taken immediate steps, in consultation with the Chief Justice, Heads of Bench, and with the Principal Family Court Judge, the Principal Youth Court Judge, and the National Executive Judge, to address the Prime Minister’s announcement of 21 March 2020 which, amongst other things, categorises the levels of response to COVID 19.

The District Court will continue to deliver justice throughout the COVID-19 pandemic.

It will be necessary to prioritise critical hearings. We have performed an extensive priority analysis and we have developed protocols which are designed to streamline services and deal efficiently with categories of court business. We will to continue to build on this work including to respond to the situation if and when it changes.

Our analysis has proceeded on the basis that as a general rule, persons and their liberty, families, the vulnerable, and others at heightened risk, should be accorded priority.

From Monday 23 March 2020, some processes may be modified to accommodate the impact of the Level 2 Alert on Judge and staff numbers. However, the District Court will continue to deal with all matters so far as it is practicable to do so, (excluding new jury trials which remain suspended till 25 May, as announced last week.)

Reduced capacity may cause temporary disruption to some proceedings. The District Court will endeavour to keep this to a minimum and patience is requested.

If the Alert Level is raised, the District Court will continue to aim to provide essential services, guided by the general rule that persons and their liberty, families, the vulnerable, and others at heightened risk, should be accorded priority, while paying heed to the need to deter public health offending or serious property offending in the current climate.

This applies across all divisions of the District Court, including the Family Court where care and protection, family violence protection matters and public health orders are dealt with.

Turning briefly to each jurisdiction:

The priorities for the Family Court take into account a number of factors including proceedings which have statutory timeframes such as applications for Compulsory Treatment Orders, Protection Orders or interim custody/care and protection orders as well as those involving vulnerable parties such as welfare guardianship or property orders under the Protection of Personal and Property Rights Act.

It is also essential to provide for the predictable emergence of social dysfunction and the increase in family harm which invariably occurs in times of crisis.  Wherever possible, conferences and hearings would be by remote access. Hearings face to face would be by appointment with social distancing strictly observed.

As alluded to above, priority will need to be accorded to bail applications, public disorder/public health offending and sentencing of those already in custody.

We are developing an Alert Level 2 protocol in relation to non-jury trial matters as we have in relation to the suspension of jury trials dated 20 March 2020.

Youth Court

The categories of work in the Youth Court affecting liberty will be accorded priority. While it is the Youth Court position that the use of AVL is generally inappropriate when dealing with young people pandemic considerations will likely mean that the best interests of the young person, particularly those in custody are best served by a hearing proceeding in that way.  Additionally, a young person’s sense of time will require timely disposition.

Civil

Prioritisation of work will recognise that some urgent injunction applications will merit urgent attention. Some Harmful Digital Communication applications and Restraining Order applications may be in the same category.