2011–12 30 June 2012

National Judicial College of Australia PO Box 8102 ANU ACT 2601 Tel: (02) 6125 6655 Fax: (02) 6125 6651 www.njca.com.au Annual Report 2011–12 30 June 2012 To: The Council of Chief Justices of Australia and New Zealand The Standing Council of Law and Justice I am pleased to send to you, in accordance with clause 17 of the Constitution of the National Judicial College of Australia, a report by the Council of the College on the operations of the College during the financial year 2011-2012. This is the College’s tenth annual report. Yours sincerely Contents Foreword by the Chair of the NJCA Council. .1 College Professional Development Programs 2011/2012. 3 Judgment Writing Program. 3 Phoenix Magistrates Program . .3 Judicial Leadership Program. .4 National Judicial Orientation Program. 4 Facilitation Skills Program. .5 Current Issues in Federal Crime and Sentencing Conference. .5 Managing Discovery Seminar . .6 360 degree feedback program . 6 Solution Focused Judging Program. .6 Witness Assessment Program. 6 Support for court judicial education activities. 7 Indigenous cultural awareness programs. 7 Social and cultural awareness . .7 Plans for professional development programs 2012/2013. .7 International Organisation for Judicial Training. 8 Online Clearinghouse on Judicial Education. .8 Oral Decisions Anthology. .8 Commonwealth Sentencing Database . .9 NJCA website. 9 College Administration 2011/2012. .9 NJCA Council. 9 Programs Advisory Committee . 9 Regional Convenors . .10 Program Planning Committees. 10 Planning Meeting February 2012. 10 The College and the Australian National University . .11 College funding. .11 College Secretariat. .11 Communication with the College. 11 Attachments Foreword by on the subject of case management. A significant component of that programme A Council, Regional Convenors. 12 the Chair of the will be focused upon the management of B Members of Policy Committees. 14 NJCA Council discovery in complex commercial cases. C Members of Program Planning Committees. .15 The curriculum will be informed by the This report catalogues the many D College Secretariat. .19 presentations and discussion during programmes presented and activities the seminar on the subject of managing undertaken by the College during discovery presented in conjunction with another busy year. Viewed as a whole, the Australasian Institute of Judicial the year could be seen as a period of Administration in March 2012. consolidation, building upon the strategic The year has not been without its repositioning undertaken in preceding disappointments. Once again, our years, and realising the benefits of the attempts to attract funding to enable the faculty development and facilitation skills College to play a role in the co ordination programmes delivered in those years. and over sight of the provision of judicial The development of a substantial body education programmes to judges and of trainers skilled and experienced in magistrates of other countries within our the planning and presentation of adult region was unsuccessful. The provision education programmes has enhanced of judicial education by Australian the quality and value of the programmes Judges and Magistrates to the judicial delivered by the College. A number of officers of other countries within our the programmes which we deliver on a region continues to be somewhat ad hoc regular basis, such as the National Judicial and unstructured. It is not specifically Orientation Programme and the Phoenix aligned with Australia’s strategic Magistrates’ Programme, have been interests. The College considers that it reviewed and are undergoing revision is well placed to co ordinate responses utilising the various skills that have been to requests for assistance from courts acquired in the field of adult education. in other countries, and to ensure that appropriate standards are maintained in Those skills have also been invaluable the delivery of programmes in response in the development of new programmes to those requests. However, the College which will be presented in the coming has consistently maintained the view that years. The most advanced of those unless additional funding is provided to programmes is the programme entitled enable the College to undertake that role, “Dialogues on being a Judge”, which is to deployment of our limited resources in be delivered in South Australia in October that field would significantly detract from 2012. The programme is designed to our core business, which is the delivery provide a broader educational programme of programmes to Australian judges and for judges who have been serving for five magistrates. The College will nevertheless or more years. continue to pursue our requests for Another programme at a relatively early funding to enable us to undertake a role in stage of development is a programme this important area. Annual Report 2011 – 2012 1 I am pleased to report that the College’s to the work of the College since its creation College Professional The Programs Advisory Committee of relationship with the Australian National I am very pleased to be leaving the role of Development Programs the College, and individual planning University College of Law remains the Chair of Council in such good hands, committees for programs, routinely review as strong as ever. Another successful and wish John every success in his new 2011/2012 and revise College programs in the light national conference was jointly presented role. I am sure that he will find the role to The College continues to present judicial of feedback from participants. The College by the two Colleges in February 2012, be as interesting and stimulating as I have. professional development programs seeks written feedback from participants and planning for next year’s conference around Australia and to develop in its programs. The responses continue to is underway. indicate that participants have been very The Honourable Wayne Martin AC new programs. satisfied with the programs. The College depends very largely upon Chief Justice of Western Australia Most College programs use structured the generous donation of time and energy The College develops new programs on Chair of the NJCA Council discussion of practical problems in small by many judges and magistrates around groups. This focus on interactive learning the basis of proposals made by judicial Australia, without whom the College 30 June 2012 rather than lectures means that most officers when evaluating programs they would be unable to function. I would like College programs are for groups of no attend, by program planning committees, to again take this opportunity to express more than 25 to 30 participants. The use of and by government agencies. The College my appreciation to all who assisted the these techniques involves presenters and Programs Advisory Committee advises on College during the year under report. College staff in considerably more work and develops new programs and reviews existing programs. Once again the College was also than would be involved in organising a series of lectures. However the Council dependent upon the extraordinary Judgment Writing Program dedication and enthusiasm of a small of the College remains convinced that secretariat. The resources of that presenting a small number of high quality In August 2011 the College presented a secretariat have been augmented by the programs of long term educational three day judgment writing program in addition of expertise in the field of adult value remains the best use of the Glenelg South Australia. The objective of education by the employment of Ms Jenny College’s resources. the program was to enable participants Green as Academic Director. The benefits The College has also presented suitable to improve their judgment writing of Jenny’s expertise in the field of adult topics to larger groups in the traditional skills through analysis, discussion and education are being realised in many of conference style. The Current Issues in rewriting of their judgments in small our programmes. I would like to express Federal Crime and Sentencing Conference groups. The groups were assisted by my appreciation for the contributions presented in Canberra in February 2012, professional writers and senior judges. made by all members of the secretariat is an example of this kind of event which Group work is interspersed with lectures during the year under report. has a multi disciplinary audience of from writers and judicial officers on particular aspects of judgment writing. It has been my very great pleasure to serve judicial officers, academics, government Sixteen judicial officers from Federal and as Chair of the Council of the College officers and others with an interest in State courts attended. Feedback from the for four years. Under the Constitution of learning about the latest research and participants indicates the program was the College, that is the maximum term developments in a field directly relevant to very successful. that can be served by any member of the the work of the courts. Council, and I will be standing down from Judges and magistrates from all courts Phoenix Magistrates the Council on 30 June 2012. I am pleased in Australia are eligible to attend College Program to report that my place as Chair of Council programs. Some programs are limited to will be taken by Justice John Byrne of the particular categories of the judiciary (for The Phoenix Magistrates Program was Supreme Court of Queensland. Justice example orientation programs are limited presented in August 2011 in Broadbeach, Byrne has made an enormous contribution to recent appointees). Queensland. This was the ninth year 2 National Judical College of Australia Annual Report 2011 – 2012 3 the program has been presented. Nine emphasise the sharing of views and Facilitation Skills Program Current Issues in Federal participants were new appointees. The experience by participants. Based on Crime and Sentencing remaining nine participants were more the participants’ evaluation comments, In December 2011 the College conducted experienced magistrates who attended to the program was successful in meeting a Facilitation Skills Program for judicial Conference officers.

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