Client Services in Local Courts Principles, Standards and Benchmarks


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Principle 3: Equality, Fairness and Integrity

Policy Context

Equality, fairness and integrity are directly concerned with the court's constitutional role as the upholder of the rule of law.

This principle requires that the court make consistent decisions in accordance with law. This includes the court's capacity to monitor those decisions of higher courts which may have implications for its future decisions, to be up to date with current law, to keep accurate records of its decisions and to monitor the enforcement of its orders.

The court's authority, and therefore effectiveness, is diminished when its orders can be ignored.
 

Standard 3.1 addresses the requirement that the court's processes and decisions conform to procedural and substantive legal requirements as well as any established administrative policies.

Standard 3.2 addresses the court's need for resources required to stay informed of current law.

Standard 3.3 focuses on the requirement of justice that the court's decisions must be based on individual attention to each case while at the same time being based only on legally relevant considerations consistently applied.

Standard 3.4 refers to the legal integrity of the court's decisions through enforcement of orders.

Standard 3.5 draws attention to the role of records management in maintaining the integrity of the court's processes.

STANDARDS

BENCHMARKS
Adherence to law 
3.1

The court's processes faithfully adhere to relevant laws, procedural rules, and established policies.

3.1.1

Transcripts of decisions which indicate the correction of errors on the part of Magistrates are made available to individual Magistrates and, where the question concerned is one of general interest, are made available to the Magistracy as a whole.

Daily checklist
Local review

3.1.2

The court has a policy on responding to applications for adjournments, understood by each magistrate sitting at that court, which is consistent with any policies of the Chief Magistrate.

Daily checklist
Local review

Adequate legal resource materials
3.2 The court has ready access to references on the current law and practice relating to all matters which come before it.
3.2.1

Each court has immediate access to all current NSW and Commonwealth legislation, relevant up to date case law, the NSW Bench Book and the Sentencing Information System.

Daily checklist
Central review

3.2.2

The Bench Book is at all times accurate and up-to-date.

Daily checklist
Central review

Fair and consistent decisions
3.3 The court gives individual attention to cases, deciding them without undue disparity among like cases and only upon legally relevant factors.
3.3.1

Individual Magistrates are informed of how their sentencing practices for specified offences compare with the practices of other Magistrates.

Daily checklist
Local review

3.3.2

There is no undue disparity in presentencing reports where these are prepared.

Daily checklist
Local review
Central review

3.3.3

The sentencing decisions of the court take due account of pre-sentencing reports when these are prepared.

Daily checklist
Local review
Central review

3.3.4

There is no undue disparity in the rate at which Aboriginal people are granted bail compared with the rate at which non-Aboriginal people are granted bail.

Daily checklist
Local review
Peer review

3.3.5

There is no undue disparity among Magistrates in the outcomes of Apprehended Violence Order applications.

Daily checklist
Local review
Peer review

Responsibility for enforcement of orders
3.4 The court takes responsibility for initiating the enforcement of its orders.
3.4.1

The court notifies the State Debt Recovery Office of unpaid penalties within [21] days after they are due.

Daily checklist
Central review

3.4.2

The court commences enforcement of breaches of Community Service Orders and bonds within [7] days of notification.

Daily checklist
Central review

Integrity of records
3.5 Records of all relevant court decisions and actions are accurate and properly preserved.
3.5.1

The court has ready access to, and complies with, file control regulations.

Daily checklist
Local review
Central review

 

Principle 4: Independence and Accountability

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