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Young achiever strengthens magistrate court practice

Tania Maxwell

8 Nov 2022

This media release was written and distributed by Member for Northern Victoria Tania Maxwell's office.


Victorian magistrate training is to be strengthened after the state’s 2022 Young Achiever of the Year, Conor Pall, was excluded from a family violence intervention order when he turned 18.


On August 2, this year, Derryn Hinch’s Justice Party MP for Northern Victoria Tania Maxwell told Parliament how Mr Pall, from Mildura, had complained to the Justice and Community Safety Department after a magistrate removed him from the protection of a hard-won FVIO, forcing him back to court.


“Conor and his family spent months getting a final intervention order in place to protect himself, his mother and his younger brother,” Ms Maxwell told Attorney-General Jaclyn Symes.


“After 14 adjournments this was granted three months before Conor’s eighteenth birthday.


“But once he turned 18, he discovered the magistrate had included a special condition that removed him from the family order.


“So he had to begin the long and traumatic process again to obtain a fresh order – all while trying to complete his year 12 VCE studies.”


On August 17, Mr Pall received a letter from Magistrates’ Court of Victoria (MCV) chief executive officer Simon Hollingsworth.


“It is disappointing to hear that your court experience was traumatic and that you did not feel safe and protected as a result of the order made,” Mr Hollingsworth told him.


“We understand that having to return to court to make a further application caused you further stress and trauma.

“The MCV is committed to ongoing training of its judicial officers.


“As a result of your correspondence, we will ensure that as part of that training there is a component regarding children on orders, in particular that they do not need to be removed once the affected family member turns 18 years of age.


“We hope this provides you with some assurance that the safety and protection of applicants in family violence proceedings are a priority for the MCV.”


The Attorney-General’s office also apologised to Mr Pall, who has since been appointed to the state government’s Victim Survivors’ Advisory Council, late in October.


“We were truly sorry to hear of your experience and the distress caused to you and your family because of the condition placed on your FVIO,” Ms Symes’ office wrote.


“We can imagine that navigating the court system while completing your VCE studies would have been an exceptionally challenging and stressful period in your life.”


“MCV will provide training for its judicial officers to ensure children and young people are better protected under family violence intervention orders, including once they turn 18.


“We hope this illustrates the real difference that people with lived experience of the justice system, such as yourself, can make by sharing your story and suggestions for change.


Ms Maxwell said interventions made as a family order should continue to protect a family member who turns 18 unless they choose to apply for removal.


“Victims constantly get put through the wringer by our justice system and then have to fight for change,” Ms Maxwell said.


“I welcome the MCV’s recognition that it can do better and take practical steps to improve magistrate training.


“Conor is a great young person who has been through a lot, but unfortunately he’s not the only one. The change he’s helped bring about should prevent other young people protected by a FVIO from having to face court on their own, as Conor did, when they turn 18.”

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