Judicial Commission Annual Report 2011-12
Total Page:16
File Type:pdf, Size:1020Kb
1 P R E L I M Judicial Commission of NSW I N A R I E S Annual Report 2011–12 Judicial Commission of NSW PRELIMINARIES i 1 . PRELIMINARIES Our focus for 2011–12 1.2 Welcome to the annual report Contents Examining complaints Our annual report informs those we serve and our partners 1 Preliminaries . inside front cover was on educational • met our target to examine all complaints within about our yearly performance and programs. Highlights . inside front cover 12 months: see p 25 Welcome to the annual report . 1 This annual report reviews our output and activities during the innovation and using • examined 90 complaints: see p 26 2011–12 financial year. Our legislative charter is the Judicial How to read this annual report . 1 • responded to 426 requests for advice and information Officers Act 1986. This Act specifies three functions which are Reporting framework . 1 new technology to about the complaints process: see p 26 the key operational activities in our Strategic Plan and Results Our profile . 2 and Services Plan. These functions are to: Who we are . 2 1. provide a continuing education and training program for Strategic focus . 2 benefit the judiciary. Partners about 330 judicial officers in NSW (see pp 30–35 ) Our vision . 2 • provided advice and research assistance to Legal Aid 2. assist the courts to achieve consistency in imposing Our mission . 2 NSW: see p 54 sentences by monitoring sentences and publishing Our values . 2 information and reports on sentencing (see pp 36–41) 1.1 Highlights • presented at the World Bank-sponsored International Our partners . 2 Symposium on Judicial Reform in Ankara, Turkey: 3. examine complaints made about a judicial officer’s ability Our people . 2 or behaviour (see pp 42–47). Continuing judicial education program see p 55 Our structure . 2 • assisted Indonesian Supreme Court and Indonesian This is our 25th annual report. Last year’s annual report gained a Our governance . 2 • judicial satisfaction with the education program at a Judicial Commission through the Australia Indonesia Gold Award in the 2012 Australasian Reporting Awards. Letter to Attorney General . 2 Partnership for Justice Program: see p 55 10-year high, increasing from 93% to 95%: see p 14 Our history . 3 • participated in the Fifth International Conference on To reduce the environmental impact, this report and other Judicial • produced 21 publications: see p 17 Performance results for 2011–12 . 4 Training of the Judiciary organised by the International Commission publications can be downloaded from our website at • provided 34 education sessions: see p 17 Organisation for Judicial Training in Bordeaux, France: www.judcom.nsw.gov.au. They are also available on request. Year at a glance . 6 • provided iPad training and support for magistrates: see p 57 President’s foreword . 8 see p 18 Chief Executive’s message . 9 • added a Ngara Yura section to our website: see p 34 How to read this annual report 2 Performance . 10 People This report is divided into sections: an overview of the Providing continuing judicial education Commission and our performance for the year, including and training . 12 Research and sentencing program • staff satisfaction at an all-time high of 96%: see p 66 information about measured outcomes, targets, challenges and Assisting the courts to achieve • retained low employee turnover rate of 3%: see p 66 statistics (pp 2–27); our three key programs — continuing judicial consistency in sentencing . 19 • use of criminal law information on our website at an • increased our training and professional development education and training; research and sentencing; and examining Examining complaints . 24 all-time high, growing by 51%: see p 20 complaints (pp 28–47); engagement with our partners hours: see p 67 3 Programs . 28 • use of the online Judicial Information Research System (pp 48–69); information about our people (pp 58–69) our • exceeded NSW Government equal employment Continuing judicial education (JIRS) at an all-time high, averaging 99,172 hits each practices, principles and processes (pp 70–81); and a detailed opportunity and culturally and linguistically diverse and training . 30 month: see p 22 financial report (pp 82–107). benchmarking targets in staff profile: see pp 68–69 Research and sentencing . 36 • met our target to publish two major research studies: Examining complaints . 42 see p 39 Reporting framework 4 Partners . 48 • reviewed and republished over 40 suggested jury Practices, policies and processes directions: see p 39 We have adopted elements of the Global Reporting Initiative 5 People . 58 6 Practices, policies and processes . 70 • developed an application and voice recognition function • 11 Commission meetings held: see p 73 (GRI) in this report, identified in the GRI’s Sustainability for quick access on iPads to the Judicial Information • 4 Audit and Risk Management Committee meetings Reporting Guidelines (Version 3). 7 Finance . 82 Research System: see p 40 held: see p 74 Appendices . 108 The specially designed logo above, is used to show where we • updated and settled internal audit plan: see p 74 report in relation to the GRI indicators. The logo symbolises Glossary . 127 • ensured a safe working environment: see p 78 that the Judicial Commission is committed to thinking Index . 128 Cover photo: iPads were issued to Local Court magistrates this • 5% reduction in office energy use: see p 80 progressively about sustainability. GRI Index . 130 year and we provided training in how to use them and developed Five years at a glance . inside back cover an app and voice recognition function. Pictured are our computer Page 130 provides the GRI index of standard disclosures and training officer Joy Blunt (standing) with the Deputy Chief where these are located in this annual report. Magistrate of the Local Court, Jane Mottley. 1 1 Our values P Connecting R We value our partners and work cooperatively with them. E Our mission is to L Professionalism I We are recognised for our integrity, our independence, and M foster public the high quality services we deliver. I Enhancement N confidence in the We continually improve the way we do business. A R Sustainability I We will consider the way our operations, products and judicial system of E services impact on people, the environment and the S NSW . economy. Our partners We provide services to the judicial officers and people of NSW, the courts, the legal profession, other justice sector agencies, law libraries and law students. We share our experience with other Australian and overseas judicial 1.4 Our history For 25 years, the 1.3 Our profile education providers. 1985 Who we are Controversies involving judicial officers in Australia are Judicial Commission reported in the media. The Judicial Commission of New South Wales is an Our people independent statutory corporation established under the We employed the equivalent of 34 full-time staff in 2011–12. 1986 of NSW has promoted Judicial Officers Act 1986. We report to the Parliament of NSW Government announces the establishment of the New South Wales. Judicial Commission in response to a perceived crisis in Our structure public confidence in the judiciary. Judicial Officers Act excellence in judicial Strategic focus The Commission has three divisions — education, research 1986 commences in December 1986. The Commission and sentencing, and complaints. See our organisation combines a complaints function with educational and performance. As the first organisation of its kind in Australia, we have chart on p 72. sentencing research roles. developed a high level of expertise in judicial education, sentencing research, judicial support and case management 1987 systems. We provide continuing judicial education, conduct Our governance Judicial Officers Act amended to establish the 2006 an extensive research program into sentencing law and An independent Commission of 10 members guides Commission as an independent statutory authority. Equality Before the Law Bench Book launched in June and practice, and provide sentencing information to the courts our strategic direction and examines all complaints. The Operations commence in October. Sentencing Bench Book in September. and government agencies. We also examine complaints Chief Executive, supported by three directors, manages 1988 made about a judicial officer’s ability or behaviour. our daily operations. See pp 60–63 for their profiles and Education program commenced. First annual court 2007 achievements. An important part of our work is to share our accumulated conference held in June. Local Court Bench Book and Judicial Officers Act amended to provide for lay knowledge and experience with the national and global Judicial Officers’ Bulletin launched. representation on a Conduct Division. network of judiciaries and other judicial education Civil Trials Bench Book launched in June. Commission providers. This aspect of our social performance and its 1990 Letter to Attorney General celebrates 20 years of successful operations in October. impact is reported in the Partners section at p 48. Chief Justice Gleeson AC launches the Sentencing Information System (SIS) to help judicial officers improve 2010 The Honourable Gregory Smith SC MP consistency in approach to sentencing. Criminal Trial Local Court Bench Book published on the Commission’s Our vision Attorney General and Minister for Justice Courts Bench Book launched. Governor Macquarie Tower, Sydney NSW 2000 website. All Commission bench books are now publicly The people of NSW will have confidence in the exceptional 1996 accessible. ability and performance of judges and magistrates. Dear Attorney SIS becomes part of the Judicial Information Research 2011 System (JIRS). The Judicial Commission of NSW has pleasure in Two magistrates separately address Parliament after Our mission presenting to you the report of its activities for the year 1998 Conduct Division reports are made to the Governor. ended 30 June 2012. • To foster public confidence in the judicial system by A judge addresses Parliament after a Conduct Division Parliament votes not to remove the magistrates from providing continuing education for judicial officers, judicial office.