Client Services in Local Courts Principles, Standards and Benchmarks


Access to Justice
Expedition and Timeliness
Equality, Fairness and Integrity
Independence and Accountability
Public Trust and Confidence
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Principle 1: Access to Justice

Policy Context

Potential court users must be able to reach a Local Court and gain access to the court's services when they make contact with the court. These services may be those of the registry or of the court.

Access to the court requires a suitable location and facilities. It also depends upon potential clients understanding the role of the court and knowing how to make use of its services. This will depend, in turn, on their initial state of knowledge, the court's ability to communicate, and the cultural appropriateness of that communication.
 

Physical access to court services is ensured by standards 1.1 (convenience), 1.2 (facilities) and 1.3 (safety).

Standard 1.4 provides that there are sufficient facilities for remote access to services, taking into account the methods available to Local Courts. Benchmarks for this standard should be further developed as courts acquire more sophisticated methods, eg electronic mail, bulletin boards, etc.

Compliance with standards 1.5 and 1.6 should ensure that all cultures have access to services.

The ability of the court to communicate and liaise with court users is subject to standard 1.7

Geographical access (location of Court Houses) is addressed by standard 1.8. Financial costs to court users may also limit access. The travel component has been briefly covered by standard 1.8.

The direct cost of filing fees and indirect cost of professional assistance may be barriers to access. It is necessary to develop further standards, with appropriate benchmarks, at a later stage of the project.

STANDARDS

BENCHMARKS

Physical access to court services
Services convenient to court users

1.1

The public and all court users have access to the court and its services when they need them, including:

  • court rooms registry
  • public waiting areas
  • conference rooms
  • victims' rooms
  • witness rooms
  • toilets.

 

 

 

 

 

 

 

 

1.1.1

The doors to public waiting areas, conference rooms, victims' rooms and toilets are open [at 9am] [to allow access as people arrive].

Central review

 

1.1.2

Access to the court and its services is provided for people with disabilities.

Daily checklist
Central review

 

1.1.3

The court room doors are open in time to enable participants and observers to be seated and ready before proceedings commence.

Central review

 

1.1.4

The court room doors are closed when proceedings are in camera.

Daily checklist
Central review

1.1.5

The doors to the Registry and Chamber Magistrate's waiting areas are open [when service is being provided] and [when the court is sitting].

Central review

 

1.1.6

Public facilities are clean and comfortable and have sufficient seating.

Central review

Facilities
1.2 The court room has facilities ensuring participation and observation.
1.2.1

Seating is provided for observers, professional court users, defendants, other litigants and local media.

Daily checklist
Central review

 

1.2.2

The bar table is of sufficient size. Use of a table is provided for unrepresented defendants and litigants.

Daily checklist
Central review
  • A table is provided for the use of unrepresented defendants and litigants.
1.2.3

The witness box is located so that witnesses face the bench, the bar table and the dock.

Daily checklist
Central review

 

1.2.4

Vision in the court room is ensured by sufficient lighting and elimination of obstacles.

Daily checklist
Central review

 

1.2.5

Proceedings can be heard throughout the court room through adequate acoustics or amplification.

Daily checklist
Central review

 

Security
1.3 The court provides a safe environment.
1.3.1

Safety is ensured for the Magistrates, staff, observers and other court users by guards with defendants in custody and alarm systems.

Daily checklist
Central review

 

1.3.2

Waiting areas are not visible from the street.

Daily checklist
Local review
Central review

 

1.3.3

The conference, witnesses' and victims' rooms are private and have lockable doors.

Daily checklist
Central review

 

1.3.4

Public areas are in view of staffed areas with access to the alarm system or covered by closed circuit monitors.

Daily checklist
Central review

 

Remote access to court services
Services convenient to users

1.4 The court has sufficient facilities and processes to ensure remote access to its services.
1.4.1

The court has sufficient telephone lines, facsimile machines, letter collection and posting facilities.

Daily checklist
Central review

 

Cultural access to court services
All cultures have access

1.5 All people have access to the court regardless of their cultural background.
1.5.1

All Magistrates and court staff have been trained in issues affecting clients of non-English speaking backgrounds.

Daily checklist

 

1.5.2

All Magistrates and court staff have received training in Aboriginal society and the history of and origins of social disadvantage among Aboriginal communities. Aboriginal organisations are involved in developing these programs.

Daily checklist

 

1.5.3

The court has identified and liaises with local ethnic and Aboriginal organisations, including informal contact with members of the Aboriginal community.

Daily checklist
Central review

 

1.5.4

The court has developed service delivery methods to meet the needs of local Aboriginal and ethnic groups.

Daily checklist
Central review

 

1.6 The court has a recruitment and training program for Aboriginal staff.
1.6.1

Courts dealing with Aboriginal people on a regular basis have at least one Aboriginal staff member.

Daily checklist

 

Communication
Court communicates with users

1.7 The court has in place effective means of communicating with court users.
1.7.1

The roles of the Magistrate, Registrar and court staff are understood and communicated to court users.

Daily checklist
Central review

 

1.7.2

The Chief Magistrate has published guidelines for the assessment of parties' and witnesses' ability to speak and understand English.

Daily checklist
Local review

 

1.7.3

Magistrates and court staff assess the need for interpreters, consistent with any guidelines prepared by the Chief Magistrate, and ensure that official interpreters are available as required.

Daily checklist
Central review

 

1.7.4

The court has immediate telephone access to official interpreters and access, in person, to official interpreters within 24 hours.

Daily checklist
Central review

 

1.7.5

All court staff have acccess to a list of the legal and social aid agencies in the area.

Daily checklist
Central review

 

1.7.6

The court, in particular the Chamber Magistrate, liaises with a wide range of legal and social aid agencies in its area to provide an integrated community service.

Daily checklist
Central review

 

1.7.7

The court has identified common inquiries and processes and has information readily available for court users and staff.

Daily checklist
Central review

 

1.7.8

The court has a regular procedure and nominated officer responsible for ensuring that all signs and other displayed public information are readable, accurate and up to date.

Daily checklist
Central review

 

Geographical access
Location of Court Houses

1.8 Courts administration assesses local area needs for services.
1.8.1

Needs for services are measured and tested against State wide standards and use of existing resources. The following factors are included when measuring need:

  • population totals, growth and density;
  • characteristics of the area;
  • the necessity and cost of travel for court users;
  • new laws (whether legislation affects some areas more than others);
  • presence of government institutions in locality.
Daily checklist
Local review
Peer review

 

 

 

 

 

 

 


Principle 2: Expedition and Timeliness

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Last Updated 10/02/01
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