Queensland’s recording of the largest backlog of criminal court cases nation-wide is proof the justice system is heavily underfunded and in a state of crisis, the state’s law society has said.

Queensland Law Society has released a statement on the recently released productivity commission report, with the society’s president Bill Potts stating that the report’s findings came as no surprise.

Calling it a “smoking gun”, Mr Potts said the report’s Queensland-specific information supported long-held views in the legal profession that more funding was urgently needed.

“Queensland courts are so underfunded that the justice system is in a state of crisis,” Mr Potts said, which followed reports that Queensland’s magistrates courts has a backlog of more than 6,200 criminal cases that are more than one year old.

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The backlog equates to 16 per cent of the year’s crime case load, and was compared by the QLS to a 1.9 per cent back log in NSW, and a 10.2 per cent backlog in Victoria.

Mr Potts noted that while Queensland “ran far and away” most efficient out of all of the states, with less money expended per case, it remained severely underfunded.

“Our judicial officers are at the coalface of a justice system facing ever increasing caseloads caused as a result of the necessary and proper increase in police numbers and resourcing to help fight crime,” he said.

“Our magistrates and judges, as a result, are being required to work extraordinarily long hours, under increased stress and pressure to clear an almost insurmountable backlog of criminal cases with fewer resources – such as the courts registry and support staff.”

“The Supreme and District Courts deliver judgments at a far cheaper rate per case than they do in any other state in Australia and they do so because they work extraordinarily hard and efficiently,” he said.

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The QLS highlighted that across all criminal courts, the Queensland state government spent $835 to finalise each case, compared with $1,164 in NSW, and $1,324 in Victoria.

“But the human mind and the human body can only be stretched so far and the much-needed resources QLS is calling for is an investment in what is social infrastructure,” Mr Potts continued.

“Our courts are the glue that holds society together,” he stated.

“While they may be criticised by many people who disagree with some decisions in some cases, the judiciary and the courts need to be supported, trusted and resourced properly.”

The current state government had been extremely generous in funding the courts, Mr Potts said, but needed to find more resources to ensure justice in the state was “no longer delayed nor denied”.

“Simply put, the courts need more funding and like Oliver Twist we are asking: ‘Please sir, please madam Premier Annastacia Palaszczuk, can we have more’.”

Lawyers Weekly recently reported on nationwide case lodgment and finalisation rates across the court system, as well as the costs of justice to the government in Australia.

QLS responds to state’s ‘state of crisis’ Grace Ormsby Last Updated: 25 January 2019 Published: 29 January 2019