Annual Report 2016-17

Judicial Commission of NSW – Annual Report 2016–17 12 Chief Executive’s message I am pleased to present my report on the Judicial Commission’s results for the year, including the challenges we have faced in our operating environment and strategic directions for next year. Key focus and challenge for 2016–17 A key focus for the year, and also a challenge, was our office relocation in late 2016. The redevelopment of Wynyard Station precinct and demolition of the office block at 301 George Street meant that after more than 28 years of operations at these premises, the Commission was required to move. Planning in all its phases started in 2015 and involved finding a new location, engaging specialist architects to design the fit-out and logistical planning. I am pleased to report that, apart from delay in the relocation of some services, the move went smoothly and the Commission is now operating from bright, contemporary premises at 60 Carrington Street, Sydney. Providing continuing judicial education Our education program delivered 44 discrete events, a 5-year high, to enhance judicial skills and knowledge. Satisfaction with our continuing judicial education program remains at a high 91%. While it is relatively easy to measure individual judicial satisfaction with education sessions, a challenge for our program is evaluating its success relative to our stated mission to promote the highest standards of judicial behaviour, performance and decision making. While the Commission has confidence in the ability and behaviour of the judicial officers of NSW, tangibly demonstrating how our continuing judicial education program contributes to high judicial performance is not a straightforward metric. This observation applies to all providers of continuing judicial education internationally and in Australia. However it is important to endeavour to articulate this link because public confidence in an independent and highly-skilled judiciary is essential to the rule of law. Public confidence needs to be continuously monitored and replenished. We can point to the yearly high dismissal rates (a 5-year average of 93%) of complaints against judicial officers as one exemplar of continuous high judicial standards. That judicial officers themselves design and deliver their continuing education program through a committee process, with guidance from our Director, Education, indicates that the design of the program is needs- based and also helps to preserve the independence of the judiciary. Concerns of the public raised in the complaints process also inform the design of the Ernest Schmatt PSM Chief Executive, Judicial Commission of NSW education program. Each year, allegations of failure to give a fair hearing and an apprehension of bias are the most common grounds of complaint. While these types of complaint are usually found to be without substance, our judicial orientation programs and publications include sessions and information about the relevant legal principles and effective practices to ensure a fair and unbiased hearing in court to all parties. Providing legal information One of our major projects this year has been the research and publication of an in-depth analysis of environmental protection and planning offences prosecuted in the Land and Environment Court of NSW (LEC). Our study examined the top 5 offences dealt with in the LEC and how the court punishes offenders. Our study discussed the charging practices of prosecution agencies and the vexed issue of costs orders in the sentencing process. The 2-volume study identified some areas of sentencing practice that may require review or Parliamentary reform to improve transparency and consistency in sentencing. There has been much interest in our research from the judicial and legal community.