Judicial Commission of NSW Annual Report 2017-18

13 Annual Report 2017–18 — Judicial Commission of NSW Overview of the Commission revised strategic plan for the Ngara Yura Program, an Aboriginal cultural competency program which raises judicial awareness about Aboriginal history and culture and provides an informal forum for interaction and exchanges of ideas with the Aboriginal community. Approval of this program increased to 98% satisfaction, from 90% last year. Legal information Since its inception in 1987, one of the Commission’s principal functions is to assist the courts to achieve a consistent approach to sentencing. This assistance is provided through the Judicial Information Research System (JIRS), a database containing modules of reference material for judicial officers presiding over trials or sentencing. During the year, JIRS attracted increased use of 1.5% with an average of 136,527 page hits each month. During the year, seven major enhancements were made to JIRS in response to feedback from users. The Commission also publishes most of its resources on its free-to-view website, which has seen a 28% increase in traffic. Balancing accountability and judicial independence Judicial independence from the legislative and executive branches of government is a central constitutional value. In the words of former Chief Justice Gleeson, the duty of a judge is to administer justice according to law, without fear or favour, and without regard to the wishes or policy of the executive. However, independence must also come with accountability. The Commission’s complaints process provides a formal way to examine complaints that the public makes about judicial ability or behaviour. This year, the Commission examined 62 complaints, 89% of which were summarily dismissed following preliminary examination. Engaging with other organisations The Commission has continued to build on and develop relationships with its partners both at home and abroad, including in New Zealand, Papua New Guinea, the Asia-Pacific region and some African countries. In 2017, the Commission engaged with the Australian National Imams Council which resulted in the Council issuing an explanatory note about the participation of Muslims in the judicial process. Judges have been able to refer to the note in court proceedings as a powerful statement by the leadership of Islam in Australia. The Commission also assisted the Judicial Council on Cultural Diversity to publicise its Recommended National Standards for Working with Interpreters in Courts and Tribunals . This resource sets out optimal standards for assessing the need for an interpreter, conducting proceedings with an interpreter and undertaking training for working with interpreters. Effective and accurate interpreting is essential to ensure access to justice and procedural fairness for people with limited or no English proficiency in Australian courts. Strategic direction The Commission has had a strong track record since 1987 of combining innovative technology with judicial education. The Commission’s strategic focus for 2018–19, and the future beyond, is on the possibilities that digital technology presents to deliver its programs in the most efficient ways for judicial officers of the 21st century, while maintaining the integrity and relevance of its information. My thanks and appreciation The Commission’s continued achievements are only possible due to the hard work and dedication of its staff. My particular thanks and appreciation go to Ernie Schmatt, the Chief Executive, who I also congratulate for his recognition in the 2018 Australia Day Honours List as a Member of the Order of Australia for significant service to the law. I also thank Murali Sagi, Deputy Chief Executive; Pierrette Mizzi, Director, Research and Sentencing, and Una Doyle, Director, Education. I extend my thanks and congratulations to Hugh Donnelly, the Commission’s Director, Research and Sentencing until his appointment as a magistrate in October 2017. Finally, I express my sincere gratitude to all the judicial officers who contributed their time, energy and expertise to the Commission’s work. It is the combined effort and dedication of all these individuals that enables the Commission to deliver programs and legal information of outstanding quality and extraordinary quantity. The Honourable TF Bathurst AC Chief Justice of NSW President, Judicial Commission of NSW