Daryl Coates SC says there should be lesser sentences offered for early guilty pleas

Tasmania’s Director of Public Prosecutions says the state should offer lesser sentences for early guilty pleas. Details.

DPP Daryl Coates. Picture: Zak Simmonds

Tasmania should consider offering criminal defendants greater discounts for early guilty pleas in a bid to reduce chronic backlogs in the state’s court system, the state’s Director of Public Prosecutions says.

Appearing before a parliamentary committee alongside Attorney-General Guy Barnett, DPP Daryl Coates SC also said a shortage of lawyers experienced in criminal law - and the relatively high-pressure nature of prosecutorial work compared to other sectors of the public service - were affecting his office’s ability to maintain adequate staffing levels.

“We certainly do need more senior staff … and in the last few years there’s been a significant increase in sexual assault cases and family violence cases that need senior prosecutors,” Mr Coates told the Legislative Council committee.

“At the moment, I’ve got to just send a business case study to the Justice Department to employ some further senior people.

“However, having said that, they are difficult to get.”

NewsWire Photos: Supreme Court of Tasmania, Salamanca Place, Hobart, Tasmania. Picture: NCA NewsWire / Richard Jupe

Mr Coates said that in the last two years, the number of cases committed to the Supreme Court of Tasmanian had risen from 446 to 689, a 50 per cent increase which put his staff under further workload pressure.

Mr Coates said the caseload surge had come despite the introduction of a “backlog Bill”, designed to reduce Supreme Court congestion by having less serious matters heard in the Magistrates Court.

A multi-pronged approach was required to beat persistent court bottlenecks in the state’s court system, the DPP said, including rates of pay for the state’s public prosecutors.

“We certainly need more resources, and defence counsel need more resources, but so does the police disclosure office,” Mr Coates said.

“But significant in my view is the need to do something to address late pleas of guilty.

“South Australia and New South Wales have for a number of years now had legislation that gives statutory discounts for pleas of guilty.

“The earlier the plea, the bigger your discount.

“This has the benefit of ensuring resources are not tied up preparing matters for trial.

“But I just don’t think there’s one solution to the backlog. There are a number of different approaches.”

Speaking through the Attorney-General, Department of Justice acting secretary Kristy Bourne told the committee that her team was working to help make Tasmania’s Crown law services an attractive employer for legal practitioners and graduates.

“Part of that is obviously the salary, and we are working with Crown law about making sure that position descriptions actually match the work that practitioners are doing in an incredibly demanding … area of work, to make sure that we can attract the best people,” Ms Bourne said.

Premier denies ‘slashing and burning’ in budget to save $100m

The minority Liberal government has denied it is intent on “slashing and burning” in order to save $100m from the state budget bottom line amid claims 1000 public sector jobs could be lost.

Parliament’s annual budget estimates hearings have begun and will run for the next five days. Four committees will sit simultaneously, scrutinising the government’s spending decisions.

Opposition leader Dean Winter grilled the Premier about the government’s efficiency push.

“When comparing the preliminary outcome from last financial year to this year’s budget, we can see cuts in funding for employee expenses right across your government of around $100m this financial year, which is the equivalent of around 1000 jobs,” he said.

“How are agencies saving strategies being managed to make such significant cuts to spending and the reduction of employee expenses?”

Labor leader Dean Winter. Question time in the Tasmanian House of Assembly. Picture: Nikki Davis-Jones

Mr Rockliff said there was no intent to make wholesale cuts — and frontline services would be preserved.

“We’re not about slashing and burning the public service.

“We’re about ensuring we have a very measured and purposeful approach to a sustainable pathway to surplus, which focuses on ensuring we continue to invest in the front line but finds efficiencies elsewhere, across the public service,” he said.

In an unusual move, Mr Rockliff revealed the makeup of cabinet’s budget committee — colloquially known as “The Razor Gang”.

They are the Premier, Treasurer Michael Ferguson, and ministers Eric Abetz, Madeleine Ogilvie and Nic Street.

Mr Rockliff was asked how exactly the government planned to make its budget savings.

“Government efficiencies are being achieved in part through a combination of operating efficiency measures in agencies and ceasing or scaling back nonpriority activities that are either not this government’s strategic priority or have been replaced with election commitments,” he said.

“Efficiency measures must not negatively impact outcomes of frontline services.

Mr Rockliff said in the Department of Health, for example, budget efficiency measures would be met by combining leadership roles “where appropriate”, combining service delivery areas to implement leaner operating models and reducing expenditure on consultancies, travel, supplies and consumables.

Mr Rockliff was accused of having “lost control “of government business enterprises by independent member for Franklin David O’Byrne.

The Premier acknowledged things could be improved.

“I have been concerned about the siloed approach, in many respects, where in my view, a lack of communication across GBEs has resulted in not the best decisions being made, and that’s why we have started rewriting charters with from government to GBEs setting very clear expectations,” he said.

“I acknowledge the need for a shake-up … there needs to be a shake-up.”

In a separate hearing, the treasurer Michael Ferguson was also grilled on the state’s financial position.

He was challenged on his claim that the government would not resort to introducing austerity measures, with committee chair Ruth Forrest asking whether a decrease in government spending over coming years equated to fiscal cutbacks.

“We’re doing our best to live within our means and to move towards even what is not even a balanced position, but to … fund the things that are important to Tasmanians and the many commitments,” the Treasurer said.

Deputy Premier Michael Ferguson. Picture: Nikki Davis-Jones

“People ask why we are still in deficit, and we could cut back harder and return to a balanced position considerably sooner should we wish.

“But we also put an economic lens, and a public services lens, and want to make it a medium-term ambition rather than short-term one.”

Mr Ferguson has also called for the GST no worse of guarantee to be made permanent, to ensure Tasmania no longer suffered the “ebb and flow” of payments from the annual taxation carve-up.

The Treasurer said the state was facing a reduction of $390 million worth of GST over the forward estimates, compared to last year’s budget.

“I’m constantly concerned about that, and that’s why the GST no worse off commitment is so important to us,”

“It should be important to every state and territory, because Western Australia is getting a runaway golden handshake at the moment, which makes the argument for us to have the no worse off guarantee in perpetuity.”

Originally published as Daryl Coates SC says there should be lesser sentences offered for early guilty pleas