Equality before the Law Bench Book — Preliminaries

Acknowledgements

Judicial Officers and the Judicial Commission of NSW

This Bench Book was produced by the Judicial Commission of NSW at the request of Chief Justice Spigelman.

It was written by Anthea Lowe of Anthea Lowe and Associates under the guidance of an Advisory Committee of the Judicial Commission of NSW.

The Commission thanks all the members of the original (2005) Equality before the Law Bench Book Advisory Committee for the generous donation of their time, support, energy, expertise and diligent advice:

  • The Honourable Justice Beazley (Chair)

  • The Honourable Justice Basten

  • The Honourable Justice Rothman

  • Her Honour Judge Ainslie-Wallace

  • His Honour Judge Norrish QC

  • Her Honour Deputy Chief Magistrate Syme

  • Her Honour Magistrate Orchiston

  • Dr Judy Cashmore AO (Member of the Judicial Commission)

  • Dr Michael Dodson AM (former Member of the Judicial Commission)

  • Mr Ernie Schmatt PSM (former Chief Executive, Judicial Commission)

  • Ms Ruth Windeler (former Education Director, Judicial Commission)

Community representatives

The following community representatives provided insightful guidance about earlier drafts of the Sections of the Bench Book relevant to their communities. While the final content of the Bench Book was determined by the Advisory Committee members, we wish to thank each of the following community representatives for their valuable contributions:

Section 2 — First Nations peoples

  • Ms Sheryn Omeri, Research Solicitor, Aboriginal Legal Service (NSW/ACT) Limited

  • Mr Terry Chenery, Director, Legal, Land & Culture, NSW, Department of Aboriginal Affairs (2009)

  • Mr Brendan Thomas, Crime Prevention Division, NSW Police and Justice Department

  • Dr Diana Eades, Adjunct Professor, University of New England (Update 8)

  • Dr Michael Robertson, Clinical Associate, Professor Centre for Values, Ethics & Law in Medicine, School of Public Health, University of Sydney (Update 15, reviewer of material on intergenerational trauma)

Section 3 — People from culturally and linguistically diverse backgrounds

  • Professor Sandra Hale, University of NSW (Interpreting and Translation) (Update 7)

  • Mr Stepan Kerkyasharian AM, Chairperson, Community Relations Commission For a Multicultural NSW

  • Mr Chandrasekaram Visakesa (Vissa), Senior Development Officer (Diversity Services), NSW Attorney General’s Department

  • Mr Mark Painting, CEO, National Accreditation Authority for Translators and Interpreters Ltd (Update 12)

  • Ms Vivienne Lamn, Associate Director — Policy, Multicultural NSW (Update 24)

Section 4 — People with a particular religious affiliation

  • Mr Stepan Kerkyasharian AM, Chairperson, Community Relations Commission For a Multicultural NSW

  • The Reverend Canon Bruce McAteer, General Secretary, The Anglican Church of Australia General Synod Rev Dr Ann Wansbrough, Senior Policy Analyst, UnitingCare NSW/ACT

  • Ms Marita Winters, Director, Catholic Communications Mr Graeme Lyall AM, Chairman, Buddhist Council of NSW Dr A Balasubramaniam, Chairman, Hindu Council of Australia

  • Mr Nihal Agar, Chairman, Hindu Council of Australia Sheikh Fawaz Kamaz, Australian Federation of Islamic Councils Inc

  • Mr Ali Roude OAM, Deputy Chairman, Islamic Council of New South Wales Inc

  • Professor Timothy Lindsey, Deputy Director, Centre for the Study of Contemporary Islam, University of Melbourne Ms Candice Talberg, Public Affairs, NSW Jewish Board of Deputies

Section 5 — People with disabilities

  • Ms Julia Haraksin, Diversity Services, NSW Police and Justice Department Professor

  • David Greenberg, Clinical Director, Justice Health

  • Ms Meredith MacDonald, Executive Officer, Intellectual Disability Rights Service Inc

  • Ms Janene Cootes, Executive Officer, Intellectual Disability Rights Service

  • Ms Fyfe Strachan (Update 6, 2011)

Section 6 — Children and young people

  • His Honour Magistrate Scott Mitchell, Senior Children’s Magistrate, St James Children’s Court

  • Professor Anne Graham, Director, Centre for Children and Young People

  • Mr Stephen Robertson, Director, Policy, NSW Commission for Children and Young People

  • Mr James McDougall, Director, National Children’s & Youth Law Centre Associate

  • Professor Judith Cashmore AO, University of Sydney (Update 5, 2009; Update 10, 2016; Update 12, 2018)

  • Mr Hugh Donnelly, Director, Research and Sentencing, Judicial Commission of NSW (Update 10, 2016)

  • Ms Pierrette Mizzi, Manager, Research and Sentencing, Judicial Commission of NSW (Update 5, 2009)

  • Dr Jenny Bargen, University of Sydney (Update 10, 2016)

Section 7 — Women

  • Ms Philippa Davis, Principal Solicitor, Women’s Legal Service NSW

  • Ms Larissa Andelman, President, Women Lawyers’ Association for NSW Inc; Ms Renée Bianchi, Vice President, Women Lawyers’ Association for NSW Inc; Ms Holly Lam, Immediate Past President, and the Executive of the Women Lawyers’ Association for NSW Inc.

  • Professor Simon Rice, OAM, Kim Santow Chair of Law and Social Justice, University of Sydney

Section 8 — Lesbians, gay men and bisexuals

  • Mr David Scamell, Co-convenor, Gay and Lesbian Rights Lobby

  • Ms Pat McDonough, Solicitor, Inner City Legal Centre

  • Ms Yasmin Hunter, Solicitor Inner City Legal Centre (Update 6, 2011)

Section 9 — Gender diverse people and people born with diverse sex characteristics

  • Ms Elizabeth Riley, General Manager, The Gender Centre

  • Ms Pat McDonough, Solicitor, Inner City Legal Centre

  • Ms Gina Wilson, Organisation Intersex Australia (Update 6, 2011)

  • Mr Phinn Borg, Executive Director, The Gender Centre (Update 11, 2017 and Update 22, 2022)

  • Ms Eloise Brook, Director, The Gender Centre (Update 11, 2017)

  • Mr Morgan Carpenter, Co-executive Director, Intersex Human Rights Australia (Update 13, 2019)

Section 10 — Self-represented parties

  • Professor Stephen Parker, Senior Deputy Vice-Chancellor, Monash University

  • The Honourable Justice Nicola Pain, Land and Environment Court of NSW (Update 6, 2011)

Section 11 — Older People

  • Associate Professor Nola M Ries, Research Centre, Faculty of Law, University of Technology, Sydney

  • Dr Lise Barry, Macquarie Law School, Sydney

  • Adjunct Associate Professor Sue Fields, School of Law, Western Sydney University, Sydney

  • Mr Richard McCullagh, Solicitor, Patrick McHugh & Co Pty Ltd

  • Ms Jennifer Smythe, Assistant Principal Solicitor, Seniors Rights Service, Sydney

Section 12 — Trauma-informed courts

  • Dr Michael King, Magistrate, Dandenong Drug Court and Magistrates Court, Melbourne

  • Ms Barbara O’Neill, Trauma Recovery and Practice Practitioner, The Junction Neighbourhood Centre, Sydney

  • Associate Professor Michael Robertson, Clinical Associate Professor, Centre for Values, Ethics & Law in Medicine (VELIM), School of Public Health, University of Sydney

Special Acknowledgment

This Bench Book was inspired by three influential publications:

The Commission would like to acknowledge the role these publications played as a starting point, and as a source of information, for the Equality before the Law Bench Book.