'Diabolical': Court reform blueprint aims to ease victim trauma in Tasmania

Victims of crime in Tasmania are enduring prolonged suffering as their cases languish in the court system for years, with no end in sight. Mary*, a Tasmanian woman who wishes to remain anonymous, has been waiting over two years for family violence charges against her former partner to progress, describing the situation as "diabolical" and far beyond "frustrating."

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I think that it's going to continue to cascade and it's probably going to be closer to a three-year mark before we even get an answer.

Across the state, this protracted legal process inflicts significant emotional tolls. "As a person who is sitting on the edge, waiting for the case to continue, you are put in the dark," Mary said. A new report by barrister Lloyd Babb SC on Tasmania's court backlog paints a grim picture of an inefficient justice system, revealing that matters appear an average of 14 times before the Tasmanian Supreme Court before resolution – the highest rate in Australia.

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The word 'frustrating' doesn't even cut it … it's diabolical.

Alina Thomas, CEO of Engender Equality, stated that the state's court system is failing many victim-survivors of family violence. "If we are going to have criminal justice sanctions for these particular behaviours, the system that then responds to victim-survivors has to be designed in their best interest," she urged. Thomas highlighted that frequent adjournments add "another layer of trauma" for victims, with some counselors noting their support is as much for the court process as for the violence itself.

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As a person who is sitting on the edge, waiting for the case to continue, you are put in the dark.

The Babb report identified "dysfunctional" evidence disclosure practices as a central factor hindering the criminal justice system's effectiveness and efficiency. In response, the Tasmanian government has committed to implementing 19 of the 20 recommendations. These include measures to incentivize early guilty pleas, enhance court information technology, and establish an early disclosure protocol, aiming to alleviate the "crisis point" the court backlog has reached, according to Law Society of Tasmania president Amelia Higgs.

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If we are going to have criminal justice sanctions for these particular behaviours, the system that then responds to victim-survivors has to be designed in their best interest.