South Australian Veterans Court Pilot Program

The South Australian Veterans Court (SAVC) is a specialist therapeutic sentencing Court operating within the Magistrates Court of South Australia sitting at Elizabeth.

The SAVC is available to defendants who are eligible veterans, have entered guilty pleas and are willing to engage with rehabilitation, treatment and support services. SAVC aims to facilitate participants engaging with services and treatment to address the underlying issues contributing to their offending and improve rehabilitation outcomes prior to finalisation of their criminal proceedings.

The SAVC is supported by government agencies, veteran support organisations and community service providers who provide participants with access to appropriate services and supports.

A defendant may be eligible to participate in SAVC if they:

• are a veteran who has served in:
  • the Australian Defence Force; or
  • a recognised allied military force;
• have pleaded guilty to the majority, and the most serious, of the offences before the Court;
• are willing to engage with the Court process and participate in recommended treatment, rehabilitation and support services.

Participation in SAVC is voluntary and subject to assessment and acceptance by the Court.

Referrals to SAVC may occur:

• at any Court hearing on the initiative of the presiding Magistrate;
• at the request of the defendant or their legal representative; or
• through identification by the Department for Correctional Services (DCS), including by DCS case managers.

Upon entering of guilty pleas, referrals may be made by Magistrates sitting at metropolitan Court locations. Matters will generally be referred to the next available SAVC sitting for assessment and triage.

In order to participate in SAVC, a defendant must be placed on bail which includes supervision by the Department for Correctional Services (DCS), which will then interview the defendant and provide an assessment report for SAVC regarding a defendant’s suitability to participate in SAVC.

Participants may benefit from:

• access to treatment, rehabilitation and support services tailored to veterans;
• the development of an individual treatment and support plan;
• assistance to address issues contributing to offending behaviour;
• regular Court reviews to monitor progress and engagement;
• coordinated support from participating agencies and service providers.

Where a participant is engaging with treatment or support services, the Court will have regard to any progress and treatment gains when considering sentencing outcomes.

Written progress and compliance reports will be prepared by DCS Veteran Services and provided to the Court and the parties prior to each review hearing.  Prior to sentencing, DCS Veteran Services will provide a final report to the Court and the parties regarding a defendant’s participation and progress.

Participants may receive support from a range of agencies and organisations, including:

• Department for Correctional Services (DCS)

Participants may be supervised and supported by DCS Veteran Services, including case management and reporting to the Court.

• Department of Veterans’ Affairs (DVA)

DVA may assist participants to identify and access available entitlements and support services.

• Open Arms – Veterans & Families Counselling

Referrals may be made to DVA-funded mental health and wellbeing services, including counselling and support through ‘Open Arms’.

• Ex-Service and Community Organisations

Participants may also be referred to veteran-specific service providers and community organisations such as ‘DefenceKidz’ for additional practical and community support.

SAVC relies on collaboration with externally funded agencies and service providers to deliver treatment programs and support services to participants.

For further information about SAVC:

• speak with your legal representative;
• contact the Magistrates Court of South Australia; or
• visit the Courts Administration Authority website – www.courts.sa.gov.au