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Equality before the Law Bench Book

The Judicial Commission of NSW welcomes your feedback. Please send your comments by email to: equalitybb@judcom.nsw.gov.au

Table of Contents

Preliminaries

Foreword
Equality Before the Law Bench Book international award
Acknowledgements
Disclaimer
Currency
Using this Bench Book

Section 1 — Equality before the law

1.1 Equality before the law and discrimination
1.2 Diversity of the NSW population
1.3 Communication
1.4 Perception, pronunciation and pronouns
1.5 Avoiding bias and stereotyping
1.6 Providing for community and individual difference
1.7 Further reading

Section 2 — First Nations people

2.1 Some statistics
2.2 Some general information
2.3 Practical considerations
2.4 Further information or help
2.5 Further reading
2.6 Your comments

Section 3 — People from culturally and linguistically diverse backgrounds

3.1 Introduction
3.2 Cultural diversity
3.3 Practical and legal considerations
3.4 Further information or help
3.5 Further reading
3.6 Your comments

Section 4 — People with a particular religious affiliation

4.1 Some statistics
4.2 Some information
4.3 The possible impact of religious affiliations in court
4.4 Practical considerations
4.5 Further information or help
4.6 Further reading
4.7 Your comments

Section 5 — People with disabilities

5.1 Royal Commission into violence, abuse, neglect and exploitation of people with disability
5.2 Defining disability and prevalence
5.3 Disability types and intersectionality
5.4 Legal protections for people with a disability
5.5 Capacity
5.6 Practical considerations for judicial officers
5.7 Further information or help
5.8 Further reading
5.9 Your comments

Section 6 — Children and young people

6.1 Some information
6.2 Court proceedings
6.3 Child care and protection
6.4 Practical considerations
6.5 Further information or help
6.6 Further reading
6.7 Your comments
6.8 Appendix A — Recommended script for use in hearings with children or cognitively impaired witnesses or defendants
6.9 Appendix B — Recommended scenarios for use to determine competence
6.10 Appendix C — Ground rules hearing checklist
6.11 Appendix D — Interviewing principles to guide communication with vulnerable witnesses and defendants, including children and young people

Section 7 — Women

7.1 Introduction
7.2 Socio-economic factors and gender disadvantage
7.3 Sexual harassment
7.4 Intersectional discrimination
7.5 Violence against women
7.6 Women and criminal law
7.7 Practical considerations
7.8 Further information or help
7.9 Further reading
7.10 Your comments

Section 8 — Lesbians, gay men and bisexuals

8.1 Some statistics
8.2 Some information
8.3 Legal protections and recognition
8.4 The possible impact of a person’s sexual orientation and/or gender in court
8.5 Practical considerations
8.6 Further information or help
8.7 Further reading
8.8 Your comments

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

9.1 Introduction
9.2 Transgender and gender diverse people
9.3 Intersex population
9.4 Legal protections and recognition
9.5 Interactions in court
9.6 Practical considerations
9.7 Further information or help
9.8 Further reading
9.9 Your comments

Section 10 — Self-represented parties

10.1 Some information
10.2 The impact of self-represented parties on the court
10.3 Practical considerations
10.4 Sentencing, other decisions and judgment or decision writing — points to consider
10.5 Sovereign citizens: further information
10.6 Further information or help
10.7 Further reading
10.8 Your comments

Section 11 — Older people

Introduction
11.1 Some information
11.2 Elder Abuse
11.3 Older persons and crime
11.4 Barriers
11.5 Practical considerations
11.6 Further information or help
11.7 Further reading

Section 12 — Trauma-informed courts

12.1 Introduction
12.2 What is “trauma”?
12.3 Trauma and its impact on particular groups
12.4 Practical considerations: embedding a trauma-informed practice
12.5 Conclusion: why be trauma-informed?
12.6 Further information or help
12.7 Further reading

Section 14 — Index and tables

Index
Table of cases
Table of statutes

Section 15 — Your comments

The Judicial Commission of NSW, an independent statutory corporation, is part of the judicial arm of government. It was established by the Judicial Officers Act 1986.

We acknowledge the Gadigal people of the Eora Nation, the traditional custodians of the land on which the Commission is based, and pay respect to their Elders past and present.

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