The 12-month pilot will begin on August 3 at Elizabeth Magistrates Court, connecting eligible veterans with treatment, rehabilitation and support services before sentencing
Australia’s first dedicated court program for military veterans will begin operating in Adelaide next week.
The South Australian Veterans Court Pilot Program will sit for the first time on August 3 at Elizabeth Magistrates Court in Adelaide’s northern suburbs.
The initiative will operate as a specialist therapeutic sentencing court, allowing eligible veterans to receive tailored rehabilitation, mental health and support services before their final sentence is imposed.
The program is not intended to excuse criminal conduct or provide automatic reductions in penalties. Its purpose is to address the underlying factors that may have contributed to offending, improve rehabilitation and reduce the risk of repeat offences.
A 12-month Australian-first pilot
The Veterans Court will initially operate as a 12-month pilot and sit for half a day each month.
Its progress and outcomes will be regularly reviewed to determine whether the model should become permanent or be introduced in other Australian states and territories.
The court has been designed to recognise the unique nature of military service and the impact it can have on veterans and their families.
Some former Australian Defence Force members experience difficulties adjusting to civilian life, including trauma, mental health conditions, substance dependence, social isolation, family breakdown and homelessness.
Supporters believe that addressing those issues may produce better long-term outcomes than relying solely on punishment.
Who will be eligible?
Veterans facing summary or indictable charges being dealt with in Adelaide’s magistrates courts may seek a referral to the specialist program.
Entry will not be automatic.
Applicants will first be required to plead guilty to the most serious charges and to the majority of the offences they face.
At the first Veterans Court hearing, a preliminary assessment will examine:
- whether the participant is a veteran;
- whether there is a connection between military service and the offending;
- whether the person is willing to engage meaningfully in rehabilitation.
The court may then grant a Griffiths remand, allowing the veteran to take part in treatment and rehabilitation before sentencing.
Participants will return to court for regular reviews so magistrates can monitor their progress.
Not special treatment
Chris Tilley, senior adviser for Veterans Services at the South Australian Department for Correctional Services, said the program should not be viewed as preferential treatment.
“It’s not about treating veterans as special; it’s about community outcomes,” he said.
Mr Tilley served for eight years as an Australian Defence Force infantry soldier, including deployments to Afghanistan and East Timor.
He will sit in the courtroom alongside representatives from Defence Kidz, Open Arms and the Department of Veterans’ Affairs, helping participants access appropriate services.
The program is based on the idea that imprisonment alone may not resolve the conditions that contributed to offending.
Without treatment, stable housing, family support or mental health care, some veterans may remain trapped in a cycle of offending and incarceration.
Response to the Royal Commission
The court was developed following recommendations from the Royal Commission into Defence and Veteran Suicide.
Recommendation 88 identified a need for better support for veterans who are incarcerated, both during imprisonment and after their release.
The Adelaide pilot attempts to intervene earlier by connecting eligible veterans with services before sentencing.
The initiative was developed through a collaboration between the Department for Correctional Services and Defence Kidz, an organisation supporting children and families connected to military service.
“It could genuinely save lives”
Defence Kidz chief executive and lawyer Hayley Boswell said the idea grew from a grassroots conversation about veteran incarceration and the lack of appropriate support.
She believes the court could connect veterans with mental health and behavioural services they may never previously have accessed.
Many former service personnel are not registered with the Department of Veterans’ Affairs and may be unaware of the assistance available to them.
“I think it’s going to save lives, genuinely,” Ms Boswell said.
She also noted that lawyers had sometimes been reluctant to disclose a client’s veteran status because of a perception that former military personnel should have “known better”.
The new court will instead examine whether military service, trauma or reintegration difficulties played a role, without treating those factors as an automatic excuse.
Most serious offences excluded
The Veterans Court will not deal with major indictable crimes that must be heard in higher courts.
Serious drug, violent or sexual offences outside the jurisdiction of magistrates courts will not be diverted into the pilot.
However, the program may hear other significant matters normally dealt with by magistrates, including some domestic violence-related offences.
Senior criminal defence lawyer James Caldicott stressed that participation should not be interpreted as diminishing the seriousness of an offence.
Victims will remain entitled to protection, and final penalties will still reflect the conduct involved.
The difference is that judges will be able to consider a participant’s rehabilitation progress before deciding the sentence.
Magistrates to monitor progress
All South Australian magistrates will be eligible to preside over the Veterans Court.
Some magistrates with previous Australian Defence Force experience have reportedly expressed interest in participating.
Military service will not be required for judicial involvement, but magistrates will receive information about the participant’s background, the possible impact of service and their progress in treatment.
This will allow sentencing decisions to consider both the offence and the person’s efforts to address its underlying causes.
Breaking the cycle of reoffending
Veteran Ricky Skiathitis has welcomed the pilot as a “positive step forward”.
Mr Skiathitis served as an infantryman in Afghanistan and East Timor and understands the challenges of readjusting to civilian life.
He now works with Andrew Russell Veteran Living, which provides emergency accommodation for veterans experiencing or at risk of homelessness.
He believes the greatest value of the court may be its ability to break the cycle of repeat offending.
Providing the right person with coordinated assistance at the right time could improve housing stability, mental health, family relationships and public safety.
A possible national model
South Australia will become the first Australian jurisdiction to test a specialist therapeutic court specifically for veterans.
Supporters hope the results of the pilot will encourage other governments to adopt similar programs.
Its success will depend on careful eligibility decisions, access to appropriate services, protection for victims and public confidence that the court is not creating a shortcut around justice.
Participants will still be required to accept responsibility and plead guilty.
The program’s central argument is that rehabilitation, when properly supervised, can sometimes protect the community more effectively than waiting for a veteran to reoffend.
