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This
website contains four checklists as a guide for measuring a court's
compliance with the principles, standards and benchmarks They can
be printed out and used separately, but they should always be understood
in the context of the relevant standards.
The
four different reviews can be carried out by different personnel,
at various intervals:
Daily
checklist
can be carried out daily in 15 minutes. |
Local
review
can be used quarterly or annually and takes one person about
half a day. |
Peer
review is applied by a team of three from the court
reviewed or from neighbouring courts, and
takes a day, including feedback to staff of the court reviewed. |
Central
review considers issues for which the Chief Magistrate
or other central agencies are responsible,
and is carried out centrally. |
This
site contains those principles, standards and benchmarks which the
various reviews measure. It is the core of the system of assessing
court performance. It has been revised since the first edition to
better reflect court performance, to be more easily measurable and
to take account of changed processes (eg the introduction of the
State Debt Recovery Office). Courts are encouraged to continue to
develop relevant benchmarks by adapting them to local conditions
and changed circumstances.
Importance
of Client Services to Courts
The
ability to account to government for use of public resources is
an accepted part of court management. It has two purposes; to ensure
productivity and efficiency and to provide a means by which courts
may justify their call on the public purse.
In the past accountability in the public sector was directed almost
solely at financial accountability, requiring publicly supported
agencies to explain their budgets in terms of process and efficiency.
Now public programs are more likely to be evaluated against outcomes
and effectiveness.
As an organisation the Local Court exists primarily to serve the
public and is judged by the public every day by reference to service
received. Client services is an area of crucial importance for the
court.
Principles, Standards and Benchmarks
The
services delivered by Local Courts are not just any client service.
Like all courts, the Local Court forms an integral part of government,
and exists to deliver justice and impartial decision making to the
community. As the court which deals day to day with more members
of the community than any other, it is important that its client
services give open expression to these functions and that the way
in which it deals with its clients guarantees equal access to justice.
Principles
To
achieve its full role the court must reflect on its functions and
the values it brings to them. The principles or values used in this
booklet are the five developed by the Trial Court Performance Standards.
The five principles (called 'performance measures' in the NCSC Standards)
are:
1.
access to justice
2. expedition and timeliness
3. equality, fairness and integrity
4. independence and accountability
5. public trust and confidence
Standards and Benchmarks
A set of standards is set out below each of the five principles.
The
standards are grouped in categories reflecting important aspects
of the principles. For example, the first two standards under the
principle 'Access to Justice' are
1.1
'The public and all court users have access to the court and its
services when they need it'; and
1.2 'The court room has facilities ensuring participation
and observation'.
These two standards reflect the requirement that members of the
community are entitled to have access to the court's facilities.
To
gauge whether they do have ready access the benchmarks referring
to these two standards ask the court to check whether the doors
to public areas are open at convenient times (1.1.1) and whether
seating arrangements in the court room are adequate and appropriate.
(1.2.1)
The
benchmarks provide a basis for measuring performance of a court
against the standards in client services it has set itself.
Developing Standards and Benchmarks
The principles are fundamental and permit little or no local development
or departure. They should be read first and used as the background
against which standards and benchmarks are developed and applied
in the Local Courts.
The
standards are also believed to be applicable to all courts. They
should be changed or departed from only for good reason. However,
it is expected that as they become more experienced in the review
process, courts will develop further standards against which to
evaluate their performance in service delivery to clients.
Benchmarking
is a process which must go on at the local level. The benchmarks
identified here are regarded as obvious and essential in the major
client service areas. The list is incomplete. It is designed to
provide examples of the activities courts must look at to assess
their service levels, and the targets they should set to improve
performance. The benchmarks are designed to be developed by the
courts, and to be added to and be changed to meet local needs and
circumstances.
The processes used here to set standards and to develop benchmarks
do not always strictly follow procedures used in other benchmarking
or total quality management exercises. They are a hybrid of those
practices developed during the project for use in Local Courts.
They are offered to the court as a management tool. It is hoped
they will be used by teams in the courts, the Chief Magistrate's
Office and the central administration as a focus for reviews and
planning in the delivery of client services.
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