Index
References are to paragraph numbers.
Index
A
- Aboriginal and Torres Strait Islander Child Placement Principles
- Aboriginal people — see First Nations people
- Acquired Brain Injury
- adjournments
- adoption
-
- Aboriginal and Torres Strait Islander Child Placement Principles, [2.3.6]
- affirmations — see oaths and affirmations
B
- bail
- bias, [1.5.1] — see also unconscious bias
-
- avoiding, [1.5]
- bisexuals
-
- age of consent, [8.3.1]
- appearance and behaviour in court, [8.5.1]
- common misconceptions about, [8.2.1]
- court processes and, [8.4], [8.5.3]
- definition, [8.2.2.8]
- diversity of, [8.5.3]
- evidence
-
- jury directions, [8.5.4]
- parents, as, [8.2.1]
- sentencing of, [8.5.5]
- statistics, [8.1]
- terminology, [8.5.2]
- blindness — see physical disability, people with a
- brain injuries — see Acquired Brain Injury
- Buddhism — see religions
C
- children and young people
-
- adjournments for, [6.4.1], [6.4.7]
- breaks in proceedings, [6.4.7]
- care and protection
- case management systems, [6.4.1]
- communication, [1.3]
- competence, script for use to determine, [6.9]
- Convention on the Rights of the Child, [6.2.4]
- court proceedings, explain processes adequately, [6.4.4.1]
- court, barriers to participation in, [6.1.2]
- court, examples of difficulties in, [6.1.3]
- criminal responsibility of, [6.2.2]
- cross-examination of, [6.4.6]
-
- improper, [6.4.6.1]
- culturally and linguistically diverse, [3.1]
- defined, [6.1.1]
- delays in proceedings, [6.4.1]
- doli incapax, [6.2.2]
- evidence, [6.1.3]
- evidence management, [6.4.3.5]
- First Nations offenders, [2.1]
- First Nations people
-
- identification/de-identification of, [6.3.3.4]
- ground rules hearing checklist, [6.10]
- hearings, script for use in, [6.8]
- interviewing principles, [6.11]
- language and communication, [6.4.4], [6.4.4.2]
- lesbians and gay men as parents of, [8.1], [8.2.1]
- oaths and affirmations by, [6.4.2]
- sentencing of, [6.4.9]
- victim impact statements, [6.2.4]
- views of, requirement to obtain, [6.2.4]
- warnings, [6.4.8]
- witness intermediaries, [6.4.3.3], [6.4.3.4], [6.4.5]
- Youth Justice Conferencing, [6.4.9]
- Youth Koori Court, [6.4.9]
- Christianity — see religions
- circle sentencing — see First Nations people
- coercive control
- cognitive impairment, [5.3.5] — see also intellectual disability, people with an
- communication, [5.1] — see also language
- consent
- cross-dressing, [9.1.3]
- cross-examination
- cultural differences
-
- impact in court, [3.2.3]
D
- deafness — see physical disability, people with a
- defendants
-
- children or cognitively impaired, script for use in hearings with, [6.8]
- directions
- disability, [5.1] — see also disability, people with a; intellectual disability, people with an; physical disability, people with a
- disability, people with a, [5.1] — see also disability; intellectual disability, people with an; physical disability, people with a
-
- accommodation, [5.2.5]
- adjournments, [5.6.1], [5.6.7]
- adjustments, reasonable, [5.6.3.1]
- assistance animals, [5.6.3.2]
- barriers in court for, [5.6.4]
- capacity to give evidence, [5.5.1]
- care, assistance and support, [5.2.4]
- communicating with, [5.6.6]
- communication with, [5.6.6.4]
- disability
- discrimination, [5.2.9]
- education, [5.2.7]
- employment, [5.2.6]
- impact of disabilities on matters relevant to court, [5.6.8]
- informed consent, [5.5.2]
- jury directions, [5.6.9]
- media, dealing with, [5.6.11]
- neurological disability, [5.3.12]
- oaths and affirmations by, [5.6.5]
- organisational contact details, [5.7]
- pre-court preparation for, [5.6.1]
- reasonable adjustments, [5.6.3.1]
- Royal Commission, [5.1]
- sentencing of, [5.6.10]
- statistics relating to, [1.2]
- terminology, [5.6.6.2]
- violence against, [5.2.8]
- witness intermediaries, [5.6.2]
- discrimination
-
- compounding effect of, [1.5]
- direct, [1.1]
- employment
-
- ageism, [11.1.1]
- equality before the law, and, [1.1]
- First Nations people, against, [2.2.2]
- homosexuals and bisexuals, against, [8.1]
- indirect, [1.1]
- intersex people, against, [9.4.2]
- legislation relating to, [1.1]
- religious, [4.3]
- transgender people, against, [9.4.2]
- doli incapax, [6.2.2]
- domestic violence
-
- coercive control, [7.5.1], [7.5.3]
- domestic abuse, [7.5.1]
- domestic violence related homicides, [7.5.1]
- First Nations people, [2.1], [2.2.2], [2.3.4]
- gender equality, [7.5.2]
- key statistics, [7.5.1]
- National Domestic and Family Violence Bench Book, [7.5.1]
- offences, [7.5.2]
- same sex relationships, in, [8.2.1], [8.5.3]
- violence
E
- elder abuse
- equality before the law
- ethnic groups — see migrants
- ethnicity — see migrants
- evidence
F
- family
-
- role of in ethnic cultures, [3.3.6]
- female genital mutilation
-
- offences, [7.5.5]
- final submissions, by self-represented parties, [10.3.4.3]
- fines
- First Nations people
-
- Aboriginal and Torres Strait Islander Child Placement Principles, [2.3.6]
- adoption, [2.3.6]
- appearance in court, [2.3.3.3]
- bail for, [2.1], [2.3.2]
- Bugmy, [2.3.10]
- burial rights, [2.3.5]
- children
-
- identification/de-identification of, [6.3.3.4]
- circle sentencing, [2.2.2], [2.3.8]
- communication styles, [2.3.3.1], [2.3.3.4]
- Community Development Employment Projects (CDEP) scheme, extension of, [2.1]
- community organisations, [2.4]
- court processes, [2.2.6], [2.3.3.1], [2.3.3.3], [2.3.3.4], [2.3.4]
- criminal justice system, [2.2.3]
- cultural groups, [2.2.1]
- cultural identity, [2.2.2]
- cultural practices, [2.2.6]
- cultural safety, [2.2.4]
- customary law, [2.2.2], [2.3.8]
- deafness, [5.3.3]
- deaths in custody, [2.2.10], [2.3.8]
- domestic violence, [2.3.4]
- elder abuse, [11.2.1]
- estate distribution orders, [2.3.5]
- Fernando sentencing guidelines, [2.3.9]
- fines, [2.3.8]
- intergenerational trauma, [2.2.3]
- intestacy, [2.3.5]
- judgment or decision writing, [2.3.8]
- jury directions, [2.3.7]
- Justice reinvestment, [2.2.8]
- language level and style, [2.3.3.4]
- languages, [2.2.5]
- life expectancy, [11.1.1]
- Magistrates Early Referral Into Treatment (MERIT), [2.3.1]
- OCHRE plan, [2.2.8]
- Operation Mantus, [2.2.8]
- population of in NSW, statistics of, [1.2]
- pre-trial diversionary options, [2.3.1]
- sentencing of offenders, [2.2.2], [2.3.8], [2.3.9], [2.3.10]
- statistics, [2.1], [2.2.1]
- stolen generations, [2.2.3]
- terminology, [2.3.3.2]
- victim impact statements, [2.3.8]
- Walama List, [2.2.9]
- women, [2.1]
- Youth Koori Court, [2.3.1], [6.4.9]
- fitness to plead, [5.5.3]
- Foetal Alcohol Spectrum Disorders, [5.3.9]
G
I
- imprisonment
- income
-
- statistics relating to, [1.2]
- Indigenous people — see First Nations people
- intellectual disabilities — see intellectual disability, people with an
- intellectual disability, people with an, [5.3.5] — see also intellectual disabilities
-
- accommodation, [5.2.5]
- Acquired Brain Injury, [5.3.6]
- barriers in court for, [5.6.4]
- care, assistance and support, [5.2.4]
- cognitive impairment, [5.3.5]
- communicating with, [5.6.6], [5.6.6.6]
- definition, [5.3.5]
- disability
- discrimination, [5.2.9]
- education, [5.2.7]
- employment, [5.2.6]
- evidence, capacity to give, [5.5.1]
- fitness to plead, [5.5.3]
- NDIS, [5.3.5]
- oaths and affirmations by, [5.6.5]
- organisational contact details, [5.7]
- Royal Commission, [5.1]
- unsworn evidence of, [5.6.5]
- violence against, [5.2.8]
- intergenerational trauma — see trauma
- interpreters and translators, [3.4]
-
- accreditation of, [3.3.1.3]
- advice or opinion, no provision of, [3.3.6.3]
- alternative dispute resolution (ADR), [3.3.1.4]
- appropriate explanations, [3.3.5.1]
- consecutive interpreting, [3.3.1.3]
- dialogue interpreting, [3.3.1.3]
- provision of before proceedings start, [3.3.1.7]
- right to an interpreter, [3.3.1.1]
- sight translation, [3.3.1.3]
- sign language interpreting, [3.3.1.3]
- simultaneous interpreting, [3.3.1.3]
- suppliers of, [3.3.1.4]
- Translating and Interpreting Service (TIS National), [3.3.1.4]
- type of interpreter or translator to use, [3.3.1.3]
- use of to ensure a fair trial, [3.3.1.1]
- when to use, [3.3.1.1]
- who pays for, [3.3.1.5]
- working with, [3.3.1.7]
- intersectional discrimination
- intersex people
- Islam — see religions
J
L
- language, [5.1] — see also communication
-
- avoiding culturally offensive language, [3.3.5.2]
- children and young people, [6.4.4], [6.4.4.2]
- First Nations people, [2.2.5], [2.3.3.1], [2.3.3.2], [2.3.3.4]
-
- sign language, [2.3.3.3]
- homosexuals, [8.5.2]
- intellectual disability, people with an, [5.6.6]
- statistics, [3.1]
- physical disability, people with a, [5.6.6]
- psychiatric disability, people with a, [5.6.6]
- religiously offensive, avoiding, [4.4.4]
- taking language difficulties into account, [3.3.5.3]
- using non-legal language with self-represented parties, [10.3.1]
- lesbians
- lesbophobia, [8.2.2.6]
M
- mental disorders
-
- definition, [5.3.7]
- mental health impairment
-
- definition, [5.5.3]
- migrants, [3.3.1.3] — see also interpreters and translators
-
- appearance in court, [3.3.4]
- body language in court, [3.3.4]
- communication styles, [3.2.2]
- courtship and marriage customs, [3.3.6.2]
- cultural differences, [3.2.1], [3.2.2], [3.3.6.3]
- culturally offensive language, avoidance of, [3.3.5.2]
- directions to jury re stereotyping of, [3.3.7]
- examples of customs and values, [3.3.6.2]
- explaining court procedures to, [3.3.5.4]
- grandparents, [3.3.6.2]
- impact of customs on attitudes, [3.3.6]
- inter-generational conflict, [3.3.6.1]
- marriage, arranged, [3.3.6.2]
- mixed race families, [3.3.6.1]
- modes of address, [3.3.2.1], [3.3.2.2]
- non-attendance of family in court, [3.3.6.3]
- oaths and affirmations by, [3.3.3]
- role of women, [3.3.6.2]
- sentencing of, [3.3.8]
- stereotyping, avoidance of, [3.3.5.2]
- taking cultural differences into account, [3.3.6.3]
- taking language difficulties into account, [3.3.5.3]
- verbal communication with, [3.3.5]
- modes of address
O
- oaths and affirmations
- older people
-
- access to justice, [11.4.1]
- accommodation, [11.1.8]
- capacity — see
- care and assistance, [11.1.6]
- communication guidance, [11.5.3]
- community agencies, [11.6]
- court proceedings
- crimes against, [11.3.1]
- criminal behaviour
-
- brain disease, [11.3.4]
- custodial statistics, [11.3.4]
- definition of older, Introduction
- demographic trends, Introduction
- digital confidence, [11.1.12]
- education, [11.1.2]
- elder abuse, [11.2], [11.2.1]
- employment, [11.1.3]
- Evidence Act, [11.3.3]
- gender, [11.1.10]
- giving evidence, [11.5.1.1]
- grandparents, [11.1.7]
- health, [11.1.5]
- income, [11.1.4]
- information and assistance, [11.6]
- Law Council
-
- National strategic plan, [11.4.3]
- neglect, [11.3.1]
- NSW Guardian ad Litem, [11.5.1.2]
- offences, [11.3.1]
- offending rates, [11.3.4]
- population, statistics, [11.1.1]
- reasons for under reporting, [11.3.2]
- remote areas, [11.1.9]
- rural, regional and remote
-
- access to justice, [11.4.3]
- scammers, [11.3.2]
- social isolation, [11.4.3]
- technology, [11.4.2]
- types of offences, [11.3.4]
- victims of crime, [11.3.2]
- volunteering, [11.1.3.1]
- vulnerable persons, [11.3.3]
- witnesses, [11.3.3]
- out-of-home-care
-
- juvenile detention, and, [12.3.4]
- overseas born NSW residents — see interpreters and translators; migrants
-
- statistics of, [3.1]
P
- physical disability, people with a, [5.1] — see also disability
-
- accommodation, [5.2.5]
- barriers in court for, [5.6.4]
- blindness, [5.3.4]
- care, assistance and support, [5.2.4]
- communicating with, [5.6.6], [5.6.6.5]
- deafness, [5.3.3]
-
- First Nations people, [5.3.3]
- definition, [5.3.2]
- disability
- discrimination, [5.2.9]
- education, [5.2.7]
- employment, [5.2.6]
- hearing impairments, [5.3.3]
-
- communicating with, [5.6.6.5]
- organisational contact details, [5.7]
- pre-court preparation for, [5.6.1]
- Royal Commission, [5.1]
- speech impairments
-
- communicating with, [5.6.6.5]
- violence against, [5.2.8]
- visual impairment, [5.3.4]
- population
-
- diversity of in New South Wales, [3.1]
- psychiatric disability, people with a, [5.1] — see also disability
R
- racism, [3.2.2]
- religions
-
- affiliations, [4.1]
- breaks for prayer and festivals, [4.4.6]
- Buddhism, [4.2.2]
- Christianity, [4.2.1]
- community organisations, [4.5]
- court processes and, [4.4.5]
- diversity of, [4.1]
- dress, in court, [4.4.3]
- hate crimes, [4.2.7]
- Hinduism
- impact of religious values in court, [4.3]
- Islam
- Judaism
- jury directions, [4.4.7]
- language, avoiding religiously offensive, [4.4.4]
- leaders, modes of address, [4.4.1]
- oaths and affirmations, [4.4.2]
- sentencing, [4.4.8]
- statistics relating to, [1.2], [4.1]
- victim impact statements, [4.4.8]
- vilification, [4.2.7]
S
- same sex relationships, [8.3.2], [8.5.3]
-
- parenting, [8.3.2]
- self-represented parties
-
- court-based information and assistance, [10.6]
- cross-examination by, [10.3.4.1], [10.3.4.2]
- difficulties faced by, [10.1]
- District Court pro-bono assistance, [10.6]
- evidence presented by, [10.3.4.1]
- explaining court procedures to, [10.3.2], [10.3.4]
- final submissions by, [10.3.4.3]
- impact of on the court, [10.2]
- pre-court preparation, [10.3.1]
- reasons for, [10.1]
- right to, [10.1]
- role of judge, [10.3.3]
- sentencing of, [10.4]
- in sexual offences, [10.3.4.2], [10.3.4.4]
- sovereign citizens, [10.1]
- statistics, [10.1]
- Supreme Court pro-bono assistance, [10.6]
- sentencing
-
- children and young people, of, [6.4.9]
- disability, people with a, [5.6.10]
- First Nations offenders, of, [2.2.2], [2.3.8], [2.3.9], [2.3.10]
- homosexuals, [8.5.5]
- of migrants, [3.3.8]
- religious beliefs, consideration of, [4.4.8]
- of self-represented parties, [10.4]
- transgender or intersex people, of, [9.6.6]
- sexual assault
- sexual harassment
- sexual offences
- sexuality, [8.2.2.1], [9.2.2] — see also gender identity; homosexuality
- silence
-
- by migrants, [3.3.4.2]
- single parent families, [1.2], [1.5]
- solution-focussed courts, [12.4.8]
-
- therapeutic jurisprudence, and, [12.4.8]
- South Pacific Islanders, [3.3.6.2]
- sovereign citizen
- speech impairments
-
- communicating when, [5.6.6.5]
- stereotyping
- substantive equality, principle of, [1.6]
T
- terminology
-
- “sex” and “gender”, [7.1]
- transgender people, [9.1.1], [9.2.2]
-
- appearance and behaviour in court, [9.6.2]
- court processes and, [9.5], [9.6.4]
- jury directions, [9.6.5]
- legal gender identity, [9.4]
- legal protections, [9.4.2]
- marriage rights, [9.4]
- modes of address and gender, [9.6.1]
- pronouns, [9.6.1]
- sentencing of, [9.6.6]
- statistics, [9.2.1]
- terminology, [9.1], [9.6.3]
- transition, [9.1.2]
- transgenerational trauma — see trauma
-
- First Nations People, [12.3.3]
- translators — see interpreters and translators
- transsexuals, [9.1.4]
- trauma
-
- Bugmy Bar Book, [12.4.6]
- causes, [12.2]
- child sexual abuse, [12.3.2]
- children, [12.2.1]
- complex, [12.2]
- definition, [12.2]
- disadvantage, deprivation, and, [12.4.6]
- effect of DV exposure, [12.3.1]
- epigenetics, and, [12.2.1]
- freeze response, [12.2.1]
- HPA axis, and, [12.2.1]
- intergenerational trauma, [2.2.3]
- intergenerational/transgenerational, [12.2]
- intersectionality, [12.3]
- LGBTQI people, [12.3.8]
- lived trauma
-
- social and emotional deprivations, [12.3.5]
- memory and recall, impact on, [12.4.2]
- neurophysiology, and, [12.2.1]
- out-of-home-care, [12.3.4]
- PTSD, [12.2]
- refugees
-
- suicide, and, [12.3.5]
- re-traumatisation, [12.4.1]
- Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability, [12.3.7]
- sexual assault, [12.3.2]
- sexual harassment, [12.3.6]
- single incident, [12.2]
- special witness provisions, [12.4.3]
- stolen generations, [12.3.3]
- transgenerational, [12.3.3]
- transgenerational trauma, [2.2.3]
- trust issues, [12.4.3]
- vicarious trauma, [12.4.2]
- trauma-informed
- trauma-informed practice
V
W
- Walama List, [2.2.9]
- warnings
-
- children and young people, [6.4.8]
- witness intermediaries
- witnesses
-
- children or cognitively impaired, script for use in hearings with, [6.8]
- cognitive impairment, with, [5.6.6.8], [5.6.6.9]
- competence, recommended scenarios for use to determine, [6.9]
- cross-examination of, [10.3.4.1], [10.3.4.2]
- ground rules hearing checklist, [6.10]
- vulnerable
-
- interviewing principles in hearings with, [6.11]
- women
-
- apprehended domestic violence orders, [7.7]
- carer responsibilities, [7.2.1.4]
- coercive control, [7.5.1]
- criminal penalties, [7.6.2.2]
- definition, [7.3]
- domestic abuse, [7.5.1]
- domestic violence, [7.5.1]
- domestic work
-
- COVID-19, [7.2.1.4]
- economic disadvantage, [7.2]
- education
-
- and employment, [7.2.1]
- family violence, [7.5.1]
- females in custody, [7.6.1]
- First Nations people
-
- court access, [2.2.7]
- First Nations people, status of, [2.2.2]
- gender pay gap
- gender-based violence, [7.5.1]
- “glass ceiling”, [7.2.1.3]
- “glass escalator”, [7.2.1.3]
- Hinduism, status of in, [4.2.4.5]
- impact of imprisonment, [7.6.2.1]
- income statistics, [1.2]
- intimate partner violence, [7.5.1]
- organisations
-
- crisis support and legal advice, [7.8]
- parental leave, [7.2.1.4]
- part-time employment
-
- impact of COVID-19, [7.2.1]
- population, [7.1.1]
- poverty and homelessness, [7.2.1.2]
- risk of poverty, [7.2]
- role in ethnic cultures, [3.3.6.2]
- Rural, regional and remote
- safe participation in court proceedings, [7.7]
- statistics, [7.6.1]
- superannuation, [7.2]
- the mental load, [7.2.1.4]
- victims of crime, as, [1.5]
- violence
-
- trolling, [7.5.4]
Y
- young people — see children and young people
- Youth Koori Court, [2.3.1], [6.4.9]