Local Review

This review is carried out by staff of the court being reviewed. It can be used quarterly or annually and takes one person about half a day. It may involve more than one staff member, and, ideally other user or community representatives in the review.

Planned ahead of time, and staff should be aware that the review is about to take place. They should be made aware of the client services standards and benchmarks as the context of the review.

The local review takes account of findings of the daily reviews. It may be done some time prior to the peer review, with any deficiencies addressed in the meantime.

This checklist may be printed out and used as a guide to each review. However it should always be read, and the results interpreted, in the context of the principles, standards and benchmarks (which appear at the left of this page).

For the greater benefit in using this review, read it in conjunction with the principles it monitors:

1: Access to Justice

2: Expedition and Timeliness

3: Equality, Fairness and Integrity

5: Public Trust and Confidence

The Local Review does not monitor Principle 4 (Independence and Accountability)

1 Access to Justice
1.1.1	Check that doors are open by [8.45]: Foyer Check that doors are open by [9.00]: Public waiting area Victims' rooms Conference rooms Witness rooms Public toilets

1.1.2	Are there any barriers in the way of people with disabilities? When appropriate, discuss with wheelchair users and people with vision impairments.
1.1.3	Check that doors are openpen by [9.15 or 15 min before court commences]: Court 1 Court 2 etc
1.1.4	Is a 'closed court' sign available? (When in camera matters are heard) Are doors closed and a sign in place?
1.1.5	Check that doors are open by [9.00 or when service is being provided]: Registry Chamber magistrates' waiting area
1.1.6	Check cleaning, lighting and appearance: Public seating Foyer Court rooms Chamber waiting area Court waiting area Interview rooms Public toilets Ramp Steps Yard Registry
1.2.1	Is there adequate seating for the public and professional court users?
1.2.2	Is there adequate space at the bar table (at busy times)? Is a table provided for the use of unrepresented defendants and litigants?
1.2.3	Does the witness box face the bench, the bar table and the dock?
1.2.4	Observe: Are all lights working? Has anything been placed to obstruct views from public gallery, bench, dock, bar table or remote cameras?
1.2.5	Observe: Are proceedings audible from the public gallery? Are there any factors (other than the structure of the court room) that make hearing difficult?
1.3.1	What security incidents have there been since the last review? (including tests and false alarms). Have steps been taken to correct any deficiencies these highlighted?
1.3.3	Observe: Are witnesses' and victims' rooms private? Test that doors to can be locked from inside.
1.3.4	Ask staff with a view of waiting areas, and those responsible for observing TV monitors: Are you familiar with alarm procedures? What are the most hazardous times of the week? Are you able to give special attention to observation at those times?
1.4.1	Has there been an evaluation of the facilities needed to ensure remote access? If current facilities are deficient, has that been communicated to central administration?
1.5.1	What courses are available for staff in multicultural issues, including the use of interpreters? What efforts have been made to ensure the availability of courses and staff attendance at them?
1.5.2	What training is available for staff in indigenous issues? (including: Aboriginal society and the history of and origins of social disadvantage among Aboriginal communities.) What efforts have been made to ensure the availability of courses and staff attendance at them?
1.5.3	Does the court have a contact list of and liaise with local ethnic and Aboriginal organisations?
1.5.4	What needs relevant to court services or hearings have been identified among local Aboriginal or ethnic communities? What specific service delivery methods have been developed to meet these needs?
1.6.1	Does your court deal with Aboriginal people on a regular basis? (Corroborate by observation, local knowledge.) If so: How many staff members are Aboriginal? If none: What representations have been made to the Department to secure Aboriginal staff for this court?
1.7.1	Observe: Availability of documents, posters and pamphlets explaining roles of Magistrate and staff to users. Ask Court Officer and office staff How do you explain the roles of the Magistrate, Registrar and court staff?
1.7.3	Ask the court officer and other staff: How do you assess the need for an interpreter and arrange bookings as required?
1.7.4	Are interpreters provided by telephone immediately and in person within 24 hours? If not, what representations have been made?
1.7.5	Is there a list of the legal and social aid agencies in the area? When was it last updated? Is a copy accessible to all staff? When and how is the list used?
1.7.6	How do you receive information about the agencies in the area and the services they provide? Which legal and social aid agencies in your area do you liaise with?
1.7.7	What are the common enquires and processes required of this court? Do you have information readily available for court users in relation to these?
1.7.8	Is a staff member allocated to monitoring compliance with the daily checklist?
2 Expedition and timeliness
2.1.1	Select the court papers for all matters finalised within the month before the review. Count: (a) the total number of matters (b) those commenced more than 6 months earlier (b should be no more than 5% of a.) (Note: These same court papers are used to assess 2.2.1)
2.1.2	Select the court's monthly returns for the 12 months before the review. Count: (a) new matters (b) matters finalised. For the 12 month period b should not exceed a. For the previous 2 months a and b should not vary by >10%.
2.1.3	From the court diary, check that the first available date for a half day hearing is within [2] months.
2.1.4	From a sample of the court papers or lists note the proportion of not reached matters.
2.1.5	Check Magistrates' sitting returns for the period since the previous local review (or previous 6 months).
2.2.1	From the court papers of matters finalised in the month before the review (used for 2.1.1) note count (a) the total number of matters (= a from 2.1.1) (b) the number of matters requiring more than 4 appearances to finalisation. Check that b is no more than 5% of a.
2.2.2	Two hours after the earliest time at which parties were required to attend court that morning (eg at at 11.30 if Registrar's callover matters were listed for 9.30): Approach each group waiting and identify whether any are parties still waiting to appear. Why a Client Survey? Client Survey
2.2.3	Observe: How the court disposes of represented and unrepresented matters for mention and plea during the first hour of sitting time.
2.3.1	Check that telephone calls are answered within [8] rings, and answered calls are not kept waiting for more than [3] minutes.
2.3.2	Check that clients attending in person are served at the counter within [5] minutes of arrival.
2.3.3	Check that no incoming facsimile transmissions or mail deliveries are uncleared or unsorted after [2] hours.
3 Equality, Fairness and Integrity
3.2.1	Check that current NSW and Commonwealth legislation is up to date.
3.2.2	Check that the bench book is current.
3.4.1	Check that all penalties due for more than 21 days have been notified to the State Debt Recovery Office.
3.4.2	Check that all CSO breaches are enforced within [7] days of being received.
The Local Review does not monitor Principle 4 (Independence and Accountability)
5 Public Trust and Confidence
5.1.1	When did the court last conduct a survey of users' satisfaction and perceptions of the court's compliance with standards?
5.1.2	When did the court users' forum last meet? Does it operate according to guidelines established by the Chief Magistrate?
5.1.3	Does the court have a formal procedure for registering, dealing with and regularly receiving feedback. Is this known to all staff? How is it communicated to court users?
5.2.1	How does the court monitor media reporting of its proceedings? What procedures are in place to assess and address any shortcomings in communication or the quality of information disseminated?
5.2.2	Does the court have a policy on contact with the media which is known and respected by court staff and all media attending the court regularly? Is it consistent with the policies of the Attorney General's Department and Chief Magistrate?
5.3.1	The extent to which key groups in the local community are aware of the court's services is measured by comparing a simple survey of people coming voluntarily to the court (client surveys) with the profile of the local area which the court serves (Census data). Census data Data for court's catchment area (defined by the police stations bailing to that court - use nearest Local Government area boundaries): Adults who are: Aboriginal & TSI; born overseas in a non-English speaking country. This data is available from the Australian Bureau of Statistics or your local council. Client surveys With the aim of having about 100 responses each from civil claims and the Chamber Magistrate, the survey is to be carried out for one week (large courts) to four weeks (small courts): to commence before court visit. Why a Client Survey? Client Survey The model survey form is to be given to each unrepresented plaintiff in civil claims, and each client of the Chamber Magistrate asking: Are you Aboriginal or Torres Strait Islander? yes/no Were you born in a non-English speaking country? yes/no There should be different slips for the civil claims plaintiffs and for the Chamber clients, the former including the question: Are you making a civil claim? yes/no The latter to include: Did you see the Chamber Magistrate? yes/no Insert the results of the survey and the Census data into the table. Results Table
5.4.1	Check that court staff, information documents (pamphlets and posters) and door signs inform the public which courts are open to the public or that all courts are public except those marked 'closed court'.
5.6.1	Take samples of summons and other common forms.Check availability of explanatory materials in English and in community languages. Check readability of English versions, using a standard index scale (eg score >60 on Flesch Test - see R D Eagleson, Writing in Plain English (Canberra, AGPS, 1990). Consider the documents from the point of view of other tests proposed by Eagleson.
5.6.2	Carry out this survey in the court waiting areas on the day of the visit, in conjunction with the survey at benchmark 2.2.2. Clients who have been waiting for more than 2 hours for court should have been told by court staff how long they may expect to wait. [Two] hours after the start of the Registrar's callover (if applicable) and the Magistrates' court/s each group in the waiting areas is approached. Identify those who are parties waiting for court and administer the survey at 2.2.2. Why a Client Survey?
5.7.1	Observe the Magistrates' and court officers' explanation to unrepresented parties
5.9.1	Observe how Magistrates, registrars and court staff deal with each other and with parties, witnesses, legal representatives and prosecutors. Is this done in a manner seen to be impartial, or are examples observed of: unnecessarily technical, formal or obscure language in-jokes; special relationships between the Magistrate or registrar and representatives of one side or another indicated by leaving the courtroom through the same door, or socialising in the public precincts of the court; personal conversation from the bench; special treatment of police or prosecutor at the counter.
5.10.1	What steps have been taken to inform court users of the standards and benchmarks for client services, and the ways these may be reviewed? Have they been invited to participate in or comment on reviews?
5.10.2	Have suitable versions of the results of previous reviews, agreed with the court personnel, been distributed and discussed at the court users' forum? What arrangements are being made to distribute such a version of the results of this review?

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Last Updated 10/02/01

Email: rmohr@uow.edu.au