Annual Report 2016-17

Judicial Commission of NSW – Annual Report 2016–17 28 Informing judicial officers about FASD Foetal alcohol spectrum disorder (FASD) describes a range of disabilities caused by prenatal exposure to excessive alcohol consumption. A person with FASD, depending on the severity, may have cognitive and behavioural deficits including mental retardation, learning difficulties, hyperactivity, attention deficits and poor social skills. Those with FASD typically are impulsive and have difficulty foreseeing the consequences of their actions. They may have a poor sense of personal boundaries, lack judgment and be susceptible to peer pressure. In a landmark case † in 2016, the Western Australia Court of Appeal recognised that the moral culpability of an offender diagnosed with FASD after he was sentenced was reduced because of his mental condition. Until this decision, only one other case in Australia has acknowledged the impact of a diagnosis of FASD on an offender’s behaviour. We organised a seminar about FASD for judicial officers with the NSW Bar Association and NSW Law Society. June Oscar AO (pictured), the CEO of Marninwarntikura Fitzroy Women’s Resource Centre, spoke about the “small and immensely important revolution” that has occurred since 2007 when the women of the Fitzroy Valley worked with the local Police Commissioner to impose liquor restrictions on the community. These have now been in place for nine years. Ms Oscar outlined the study of FASD prevalence conducted in partnership with Royal Far West since 2009. The study has shown that 1 in 5 children in the community has FASD, one of the highest rates in the world. The overwhelming problem for teachers and carers of children with FASD is the difficult behaviours that will predispose these children to school failure, contact with juvenile justice and the risk of incarceration.   We also updated information about FASD and its relevance to court proceedings in our publications, the Sentencing Bench Book and the Equality Before the Law Bench Book . A link to a training video about FASD is available on our Judicial Information Research System (JIRS). Judicial officers who attended this seminar gave it an overall satisfaction rating of 95%. Ms June Oscar AO (left), with her Honour Judge Dina Yehia (right), highlighted what a community can do to restrict the use of alcohol and to temper the prevalence of disabilities caused by prenatal exposure to heavy use of alcohol. Case studies Reforming the justice system: lessons from the American experience The Institute for the Advancement of the American Legal System (IAALS) is a national, independent research centre dedicated to facilitating continuous improvement and advancing excellence in the American legal system. Founded in 2006 in response to concerns about the American legal system, IAALS focuses on the development and application of innovative solutions for the toughest problems facing the courts and profession, and does this by working with experts and groups around the country. As a part of a major research university, IAALS conducts comprehensive analysis, including original empirical and legal research; and also compiles existing research. Justice Rebecca Love Kourlis (pictured), the Executive Director of the IAALS, spoke about the Institute’s work at a seminar we organised in conjunction with the University of Newcastle. For the first time, the seminar was also webcast for those unable to attend in person. Justice Kourlis discussed some of the Institute’s work, including research into judicial evaluation. She also addressed current issues of concern in the United States, such as recent moves to limit judicial independence, attacks on the judiciary and their impact on the balance of powers. Justice Rebecca Love Kourlis spoke about some of the current issues concerning the judiciary in the United States including how free judicial independence is from political interference. † LCM v State of Western Australia [2016] WASCA 164.