Alarm over the Office of Public Prosecution’s capacity to tackle court backlogs

Victorian prosecutors warn they are at breaking point and need “drastic” changes to avoid a crisis in the justice system.

The increased workload in the courts is a result of the backlog of cases post-pandemic and insufficient staffing.

Victims of crime are being denied justice, with the state’s prosecutors warning they are at breaking point.

Prosecutors have warned the quality of their work is declining, meaning lesser outcomes for victims of crime as they struggle to tackle Victoria’s court backlogs.

Concerns were raised with court officials in March about the Office of Public Prosecution’s capacity to keep pace with the backlog.

Now a report by the Community and Public Sector Union has found current staffing levels are insufficient with some solicitors handling as many as 40 matters at a time.

Prosecutors say the quality of their work is declining meaning lesser outcomes for victims of crime.

“The quality of our work is steadily declining alongside staff burnout. Our ability to fulfil our obligations to the courts and under the Victims Charter are often impacted,” the CPSU was told.

“This is not a sustainable way to work and something drastic needs to change or else this office will be in crisis.”

Latest data shows the number of briefs being prepared by the OPP has increased from 70,783 to 92,297 in the past decade. Staff are also spending significantly more time in court, with the number of sitting days serviced by the OPP increasing from 9686 to 15,883.

The latest Productivity Commission annual report on government services showed Victorian attendances per matter were more than double that of NSW. Victoria’s attendance rate was also higher than the national average.

OPP staff say caseload caps are now routinely ignored with 90 per cent of respondents having workload concerns.

“Workloads at the OPP are driven by an influx of cases from outside the OPP, which cannot be controlled,” the CPSU was told.

“There are insufficient solicitors to handle the overall case load, and the OPP does not have a meaningful way of measuring and mitigating workload to relieve pressure in the short and long term.

“As a result, we lose solicitors, which leads to cases being reallocated to already overworked solicitors while replacements are sought.”

Workers say the workload has increased as a result of the backlog of cases post-pandemic but also because of insufficient staffing.

And they have warned there is a “lack of time to properly prepare matters for court”.

“It’s unsustainable. I have seen numerous solicitors in tears due to workload pressures. Managers are also requesting junior solicitors to perform tasks that would never have been requested of junior solicitors five years ago – this is due to lack of senior solicitors having capacity.”

Despite the backlog slowly being cleared, in the Magistrates Court alone almost 70,000 criminal cases are waiting to be heard, compared to an estimated 54,000 pre-Covid.

An OPP spokesman said the office’s work was demand-driven. “The pace and manner in which it progresses through the criminal justice system is determined by the courts,” he said. “The manner in which the courts are dealing with cases has changed. In addition to the increased jury trials, there has also been a significant increase in the Court’s demand for attendances of OPP staff at administrative hearings.”

The spokesman said the OPP had also received additional funding in the state budget to meet this demand. It has led to a 20 per cent increase in staff since 2019.

Shadow attorney-general Michael O’Brien said, when compared to inflation, funding for legal services had been cut in real terms.

“At the same time Labor is hiring more spin doctors, it is demanding the OPP do more with fewer resources,” he said.

“Labor has compromised our justice system.”