Transfer scheme expected to add more pressure to backlog crisis in Victoria’s courts

A plan to make it easier for criminals to move around Australia while still serving their sentences has sparked concerns about how it will affect Victoria’s justice system.

Interstate home invaders, rapists and child molesters would be welcomed to Victoria while still serving their sentences under a plan to make it easier for convicted criminals to move around Australia.

A new national scheme to manage the formal transfer of community-based orders between states is to be introduced this year.

The Andrews government has been consulting Victoria Police and the courts on how the program would operate.

However, concerns have been raised about the potential effect on Victoria’s justice system, which sources say has not recovered from its pandemic-induced backlog crisis.

The scheme will manage the formal transfer of community-based orders between states. Picture: iStock

In the Magistrates’ Court almost 70,000 criminal cases are waiting to be heard, compared with about 54,000 before the pandemic.

Criminal case backlogs in both the County and Supreme have also not returned to normal.

Justice sources said there were concerns about the additional workload for Victorian authorities who would have to supervise criminals from interstate who are subject to community based orders.

Victoria currently supervises about 20 interstate community-based orders.

Victorian Community Correction Orders allow sentences to be served in the community, subject to strict conditions.

They can include drug and alcohol bans and compulsory treatment, restrictions on movement, curfews, electronic monitoring and court supervision.

There are concerns about the additional workload for Victorian authorities. Picture: iStock

Unpaid work is a regular feature of CCO and is considered a way to repay society for their crimes.

Sentencing Advisory Council data shows CCOs are imposed in 12 per cent of cases in Victoria’s higher courts and 6 per cent of cases in Magistrates’ courts.

Under a national agreement by the Corrective Services Administrators Council all states have agreed to implement the formal community-based order transfer scheme by the end of this year.

A government spokesman said all community-based transfer requests to Victoria would be subject to rigorous assessment to determine an interstate criminal’s suitability to be managed.

It would create “a streamlined and consistent approach to interstate transfers that prioritises community safety.”

The assessment processes consider public risk, the applicants’ mental health, support networks, accommodation arrangements, employment options and any registered victims, they said.

Sentencing Advisory Council data shows CCOs are imposed in 6 per cent of cases in Magistrates’ courts.

Transfers may be denied where an applicant has outstanding matters in another state.

It is hoped the new scheme would provide better collaboration between states and territories.

Victoria has moved to stop courts imposing CCOs for the most serious crimes, including rape and murder.

However, laws in other states still allow for community orders to be imposed for a range of crimes, including sexual offences.

Opposition Corrections, spokesman, Brad Battin, questioned the timing of the introduction of the scheme.

“Victoria is already facing huge pressure on our police and backlogs in our courts,” he said. “Now the Andrews government wants to roll out the welcome mat for more criminals and increase the workload of police and courts and jeopardise community safety.”