Judicial Commission of NSW Annual Report 2017-18

15 Annual Report 2017–18 — Judicial Commission of NSW Overview of the Commission Providing legal information One reason for the Commission’s establishment 30 years ago was public disquiet with sentencing decisions. Without doubt, sentencing is the most complex and challenging of judicial tasks. A perception that sentences are too lenient is a worldwide phenomena but one that can be countered with accurate reporting and analysis of sentences imposed. The Commission has provided this data for 30 years through our Judicial Information Research System (JIRS) and sentencing specific publications in line with our statutory remit to assist the courts to achieve consistency in imposing sentences. In recent years, our reporting has evolved to include quantitative and qualitative analysis of sentences. We are constantly refining data collated on JIRS so that judicial officers can refer to what and why sentences have been imposed in like cases. The Commission’s Director, Research and Sentencing, Hugh Donnelly, was appointed a magistrate in October 2017 and was replaced by Pierrette Mizzi, the Commission’s Acting Director, Research and Sentencing. I congratulate Hugh and Pierrette on their appointments and thank Hugh for his contribution to the Commission’s legal information program since 2003. Examining complaints Judicial acceptance of the complaints function, while initially resisted 30 years ago, can be attributed to our provision of quality legal information and education services. Each year in our annual report, we report on the relatively small number of complaints compared to the number of judicial officers and high volume of litigation as an exemplar of continuous high judicial standards. This year, we examined 62 complaints compared to around 700,000 matters filed in NSW courts. Of those complaints, 85% were dismissed according to the criteria for summary dismissal in the Judicial Officers Act 1986. The 30-year average dismissal rate is 87%, meaning most complaints have been found not to warrant further action. Five complaints this year were referred to the head of jurisdiction for further action. Two complaints were referred to a Conduct Division and the examination is ongoing. The Conduct Division is convened for the purpose of investigating a complaint. In the Commission’s 30-year history, 22 Conduct Divisions have been formed. Engaging with our partners and the community Since our inception, we have engaged with other judicial education providers to learn about and implement best practice in judicial education. We have also focused on sharing our accumulated knowledge with the judiciaries of other countries and on capacity-building projects. A decade ago, the Honourable Justice Peter McClellan AM acknowledged this work as providing a significant contribution to promoting the rule of law in the Asia Pacific region. “Our partners” on p 55 outlines our continuing work in this area. Our governance The Judicial Commission met 10 times during the year to examine complaints, monitor our strategic direction and approve budgets and publications. Dr Colin Gellatly AO was appointed Chair of the Audit Risk Committee (ARC) commencing 1 July 2017. Ms Jan McClelland AM will replace outgoing ARC member Mr Alex Smith AM in July 2018. Financial result Our financial result was a deficit of $248,000. Government funding and other revenue was $6.609 million. Our expenses were $6.857 million. We received an unmodified report for our financial statements from the NSW Auditor General. The deficit, due to depreciation of $252,000 as a non- cash item, is not funded from recurrent allocations. Strategic direction 2018–19 and beyond Our 30-year anniversary has provided the opportunity to review our operations and refresh our strategic plan for the next decade. We will continue to refine JIRS to provide intelligent decision support and harness new technology such as data analytics and artificial intelligence. We will focus on providing a connected web of information that can be readily accessed on the “internet of things” in the future. We anticipate that our education programs will increasingly offer a bespoke approach while continuing to provide the traditional blend of conferences and seminars with workshops and orientation programs for newly appointed judicial officers. Our publications program will continue the transition from print to online services. We will continue to participate in international judicial exchanges and capacity-building projects to foster the rule of law in the region and public confidence in judicial systems. My thanks Thirty years of successful operations could only have been achieved with the support and hard work of many dedicated people. Commission members and staff past and present gathered together at Government House on 11 October 2017 to celebrate our 30 years. I thank everyone who has contributed to the Commission’s success, the Commission members for their ongoing leadership and assistance, and the many judicial officers who have given their time and expertise. Ernest Schmatt AM PSM Chief Executive, Judicial Commission of NSW