Key facts
- The Liberal party in Victoria proposed splitting the Court of Appeal into separate criminal and civil divisions.
- The plan aims to appoint specialist judges to the new criminal division to ensure tougher sentencing.
- Legal and human rights groups have criticized the proposal, warning it would politicize the judiciary.
- Critics argue the proposal undermines judicial independence and is unnecessary given existing judicial expertise.
The Liberal party in Victoria has proposed a significant overhaul of the state's highest court, aiming to split the Court of Appeal into two distinct divisions: one for criminal matters and another for civil cases. Opposition Leader Jess Wilson announced that if elected in November, the Coalition would implement this change, accompanied by appointing additional judges with specialized criminal law expertise to the new criminal division. The party asserts this restructuring, alongside tougher bail and sentencing laws, would empower specialist judges to deliver sentences that align with community expectations and establish stronger case law for serious offenses.
However, the proposal has faced strong opposition from legal and human rights organizations. Gemma Cafarella, president of Liberty Victoria, described the plan as a "dangerous and ignorant thought bubble" that would politicize the judiciary by allowing governments to seek specific outcomes through judicial appointments. She argued that maintaining a clear separation between parliament, which makes laws, and the courts, which apply them, is crucial for a functioning democracy.
Greg Barns SC, criminal justice spokesperson for the Australian Lawyers Alliance, echoed these concerns, stating there is no clear evidence that the current Court of Appeal structure is failing, apart from underfunding. He warned that the proposal risks undermining judicial independence for political gain. The Alliance's director, Susan Accary, expressed skepticism that splitting the courts would improve justice quality or address systemic delays. Tom Ballantyne, president of the Law Institute of Victoria, questioned the necessity of the split, noting the Court of Appeal already includes judges with extensive criminal law experience, and emphasized the importance of safeguarding judicial independence.
The debate occurs against the backdrop of rising crime concerns ahead of the November election, with the Labor government also having introduced stricter bail and sentencing laws. Premier Ben Carroll criticized the Liberal party's proposal, suggesting it demonstrated a lack of legal expertise and questioning its feasibility.