Magistrates Court – COVID lockdown planning
The Court has recently reviewed its response plans in the event of a State-wide or regional lockdown, in case it is needed as a circuit breaker to COVID-19 being detected in the community (see the government’s Lockdown Plan https://www.coronavirus.tas.gov.au/families-community/lockdown-plan).
The following, summary information is provided to you as a guide to likely actions to be taken by the Court in response to a full or partial lockdown in Tasmania, intended to minimise public movement and interaction and so to prevent further disease transmission.
In the event of a lockdown being announced, the Chief Magistrate will issue Practice Directions confirming changes to Court operations and providing additional information on lodgement of documents and arrangements for appearances via audio or audio-visual link.
- Full Lockdown – Any or All Registries
Short-term: 3–5 days
- All court buildings within the area subject to lockdown will be closed to the public and to all court users.
- All matters listed for all courts during the lockdown period will be adjourned to a later date. Only a limited number of urgent matters will be heard.
- Attendance at court for urgent matters will be by audio or audio-visual link only.
- All documents are to be filed by email to the relevant registry.
- Anyone who is due to appear before the Court during the lockdown period will be required to contact the Court and provide contact details.
- The Court will facilitate the consent adjournment of matters under s.50B Justices Act 1959, where appropriate.
- No defended hearings will proceed. Those matters will remain listed for mention on the date they are currently set for the hearing and will be adjourned to a later date for mention only.
- Bail Applications and Variations: The Court will continue to hear bail applications and variations. Bail applications will be dealt with by audio or audio visual link.
- Family Violence Order/ Restraint Order Applications: The Court will continue to hear urgent family violence and restraint order applications. Applications will be dealt with by audio or audio visual link.
- Youth Justice Division: The Youth Justice Division will continue to operate by audio or audio visual link. Young people who are at Ashley Youth Detention Centre will appear by audio or audio visual link. Lawyers, other service providers, and/or young people will appear by audio or audio visual link.
- Child Protection: All matters under the Children, Young Persons and Their Families Act 1997, except urgent applications where a child is at immediate risk, will be adjourned. Matters involving immediate risk will be dealt with by audio or audio visual link.
- Court Mandated Diversion: Matters listed in the Court Mandated Diversion list will be adjourned to a later date.
- Mental Health List: Matters listed in the Mental Health list proceedings will be adjourned to a later date.
- Traffic Not Guilty Hearings: Traffic not guilty hearings will be suspended. Defendants do not have to appear and will be served with a new date in due course.
- Restricted Licence Applications: Restricted licence applications which are listed for hearing will be adjourned to a later date.
- Contest Mention Lists: Matters listed in the Contest Mention list will be adjourned to a later date.
- All listed Commonwealth matters, including taxation matters, will be suspended.
- All Country Courts will be cancelled.
- Matters listed in the Civil Division list (Minor Civil, Civil, Residential Tenancy and Administrative Appeals) will be adjourned to a date to be advised by the relevant registry.
- All Coronial inquests and CMC listings will be adjourned to a date to be fixed.
- Weekday after hours courts will be suspended. Weekend after-hours courts will be limited to one sitting at 11am on Saturday and Sunday via audio visual link.
- Partial Lockdown – Limited Public Access/Movement
- May apply to some or all court buildings.
- Entrance to the Magistrates Court Registry will be subject to compliance with the current Public Health Direction.
- Parties (including defendants in custody) and their lawyers must appear by audio or, if available, audio visual link, unless a magistrate directs otherwise.
- All documents are to be filed by email where possible, to the registry where matters have been listed.
- It is intended that matters being adjourned will be adjourned to a later unless a magistrate directs otherwise.
- Criminal and General Division:
- The Court will facilitate the consent adjournment of matters under s.50B Justices Act 1959, where appropriate.
- Wherever possible priority will be given to hearings for people in custody.
- The Court will continue to hear bail applications and variations. Bail applications will be dealt with by audio or audio visual link, unless a magistrate directs otherwise.
- The Court will continue to hear urgent family violence and restraint order applications. Applications will be dealt with by audio or audio visual link, unless a magistrate directs otherwise.
- Young people, lawyers and other service providers are to appear by audio or audio visual link, unless a magistrate directs otherwise. Young people who are at Ashley Youth Detention Centre will appear by audio or audio visual link, unless a magistrate directs otherwise. Priority will be given to matters for young people in custody.
- The Court will continue to deal with applications under the Children, Young Persons and Their Families Act 1997. Applications will be dealt with by audio or audio visual link, unless a magistrate directs otherwise.
- Court Mandated Diversion proceedings will be by audio or audio visual link, unless a magistrate directs otherwise.
- Mental Health List proceedings will be by audio or audio visual link, unless a magistrate directs otherwise.
- Traffic not guilty hearings will be suspended. Defendants do not have to appear and will be served with a new date in due course.
- Restricted licence applications which are listed for hearing will be adjourned to a later date, unless a magistrate directs otherwise. New applications will listed at a later date.
- Contest Mention matters will be heard audio or audio visual link, unless a magistrate directs otherwise.
- All listed Commonwealth matters, including taxation matters, will be suspended. Defendants do not have to appear and will be served with a new date in due course.
- All Country Courts will be cancelled.
- Civil Division:
- Directions Hearings that have listing dates will proceed and be conducted by audio or audio visual conference.
- Mediation/Conciliation Conferences that have been allocated a date for a mediation/conciliation conference will proceed by audio link.
- Costs Assessments that have been allocated a date for a costs assessment will proceed by audio link.
- Any matter that has been listed for any type of hearing, including any residential tenancy and interlocutory hearings, will be adjourned to a date to be fixed.
- After hours courts will continue as normal.
The following will be in place to facilitate appearances via audio or audio-visual link:
- Parties and legal representatives must advise the registry of their contact telephone number for the purposes of attending audio conferences and of any changes to their contact details.
- Fees for audio and audio visual conferences will be waived.
- All documents are to be filed by email.
If you have any questions in relation to this advice please contact Debbie White, Deputy Administrator (South) at Debbie.White@justice.tas.gov.au or Adrienne Kile, Deputy Administrator (North) at Adrienne.Kile@justice.tas.gov.au.
Debbie White | Deputy Administrator of Courts – South
Magistrates Court of Tasmania