Unit Seven Diversity and Inclusion
A National Curriculum
Rationale
Judges must be aware of and understand the different experiences, attitudes and values of the diverse range of people who may be involved in court proceedings and who work at the courts. Doing so fosters fairness, equality before the law, public trust in the judiciary and a more inclusive workplace.
A National Curriculum
Application of the Core Dimensions
Substantive and Procedural Law
Programs in this unit might cover substantive and procedural law as it relates to diverse individuals (eg affording procedural fairness to culturally and linguistically diverse individuals or people with a disability)
Judge Craft Skills
Programs in this unit might cover culturally informed communication in the courtroom; assessing the credibility of CALD individuals; when and how best to use interpreters
Attitudes and Values
Programs in this unit might assess judicial officers’ cultural competency and judicial officers’ own biases in relation to diverse individuals
A National Curriculum
Core Judicial Qualities
- Independence
- Impartiality
- Fairness
- Accountability
- Efficiency
- Transparency
- Competency
- Integrity
- Courage
- Compassion
Independence
The courts remain independent of the other branches of government and judicial officers are not subject to improper pressure or influence when making decisions.
Impartiality
This requires ‘treating like cases alike; a process which is free from coercion or corruption; ensuring that inequality between the parties does not influence the outcome of the process; adherence to the values of procedural fairness…and unbiased neutral decision making
Fairness
Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias
Accountability
open court principles, annual reports identifying expenditure, rights to appeal, as well as giving reasons, noting the variation in this value for those in leadership roles.
Efficiency
Ensuring the reasonably timely resolution of cases.
Transparency
Maintaining an open rather than closed court as far as possible and providing clear and reasoned decisions that are publicly available as far as possible.
Competency
Having sound knowledge of the relevant law and procedure as well as good court craft skills
Integrity
Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.
Courage
Doing justice according to law irrespective of the consequences or popularity of the decision
Compassion
Compassion involves recognising the suffering of others and wanting to alleviate it. Within the constraints of the law, judicial officers can show compassion through procedural fairness, judicial engagement (exploring underlying issues and empowering a party to address them) and other therapeutic jurisprudence practices.
A National Curriculum
Judicial Learning Units
Scope
These programs could encompass –
- Situations where persons from diverse cultures are in the court room
- Questions of race or ethnicity which may arise in the course of proceedings
- Questions of gender (and gender identity) which may arise in the course of proceedings
- Intercultural communication in legal settings
- The cultural and religious influences that affect behaviour and communication
- Cultural stereotyping and cultural bias
- Key aspects of the major religions
- Understanding the impact of personal values and cultural belief systems on decision-making
- Communication strategies to overcome difficulties in cross-cultural situations.
The Judicial Role
The focus of these programs is the judicial role of understanding the relationship between the judiciary and society and of changes in society.
Aim
These programs provide judicial officers with –
- Information about various forms of disability, both mental disability and physical disability
- Information about the terminology used by the ‘disability community’ in regard to disabilities
- Insights into the experience of being in the courtroom for people with a disability or impairment
- Insights on how to deal with situations where persons with disabilities or impairment are before the court as parties, accused, victims or witnesses, and the support services available to judicial officers and courts to assist persons with disabilities or impairment
Scope
These programs could encompass-
- Information about –
- Mental health
- Neurodiversity
- Substance abuse generally
- Drugs and alcohol
- Physical decline and ageing
- Behaviour and personality generally
- Consideration of –
- The mental impairment defence
- Sentencing options
- Situations where there are people with disabilities in the court room as parties, accused, victims or witnesses – physical and psychological aspects and issues in regard to communication
- Situations where there are persons with disability or impairment in the court room as parties, accused, victims or witnesses.
The Judicial Role
The focus of these programs is the judicial role of understanding the relationship between the judiciary and society and of changes in society.
Aim
These programs provide judicial officers with information and strategies to recognise and appropriately respond to the dynamics of family violence in culturally and linguistically diverse communities (CALD) communities.
Scope
This program could encompass–
- Information on the dynamics of family and domestic violence in different CALD communities
- Identifying and addressing coercive control in the courtroom
- Overcoming any relevant unconscious biases