Unit Two The Law
A National Curriculum
Rationale
At the very centre of a judicial officer’s work is the need to know and apply the law, both substantive and procedural. This can include the interpretation of statutes, the application of the common law, equity, international law and the law of evidence and procedure. Judicial officers need to have a sound understanding of the law, generally, but will also need to develop jurisdictional expertise. This will provide a judicial officer with an appropriate knowledge of the substantive and procedural law relevant to the matters that they will hear.
A National Curriculum
Application of the Core Dimensions
Substantive and Procedural Law
The primary focus of programs in this unit is to maintain knowledge and develop mastery of the law, both substantive and procedural. Programs that facilitate the development of jurisdictional expertise will be important.
Judge Craft Skills
Programs in this unit may consider what court room management and administration skills are critical to, or enhance, jurisdictional expertise. This may be particularly relevant for procedural law.
Attitudes and Values
Programs in this unit may wish to include a consideration of how personal attitudes and values shape a judicial officer’s response to and perspective on changes in the law.
A National Curriculum
Core Judicial Qualities
- Independence
- Impartiality
- Fairness
- Accountability
- Efficiency
- Transparency
- Competency
- Integrity
- Courage
- Compassion
Independence
The courts remain independent of the other branches of government and judicial officers are not subject to improper pressure or influence when making decisions.
Impartiality
This requires ‘treating like cases alike; a process which is free from coercion or corruption; ensuring that inequality between the parties does not influence the outcome of the process; adherence to the values of procedural fairness…and unbiased neutral decision making
Fairness
Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias
Accountability
open court principles, annual reports identifying expenditure, rights to appeal, as well as giving reasons, noting the variation in this value for those in leadership roles.
Efficiency
Ensuring the reasonably timely resolution of cases.
Transparency
Maintaining an open rather than closed court as far as possible and providing clear and reasoned decisions that are publicly available as far as possible
Competency
Having sound knowledge of the relevant law and procedure as well as good court craft skills
Integrity
Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.
Courage
Doing justice according to law irrespective of the consequences or popularity of the decision
Compassion
Compassion involves recognising the suffering of others and wanting to alleviate it. Within the constraints of the law, judicial officers can show compassion through procedural fairness, judicial engagement (exploring underlying issues and empowering a party to address them) and other therapeutic jurisprudence practices.
A National Curriculum
Judicial Learning Units
Aim
These programs maintain and update judicial officers’ knowledge and understanding of those areas of the law relevant to their work.
Scope
These programs may encompass:
- Recent changes in the law, either legislative or case law
- Newly introduced laws
- Recent developments in judicial practice
- Aspects of the law and the work of the courts which are the subject of debate or discussion.
In some cases, a particular course will be relevant for all judicial officers; in other cases, it will be relevant for particular jurisdictions or those working in particular areas of law.
Aim
These programs maintain and update judicial officers’ statutory interpretation skills.
Scope
These programs may encompass :
- consideration of relevant legislation
- consideration of the leading authorities
- theories, rules and practical application of statutory interpretation
- the legitimate use of extrinsic materials
- significant developments in statutory interpretation
Aim
These programs maintain and update judicial officers’ knowledge and understanding of the role of international law and its importance in the Australian context. This includes both treaty law and customary international law.
Scope
- Consideration of relevant domestic legislation and case law
- Consideration of international law incorporation
- Significant developments in international law and its incorporation
- Specific areas of international law and its incorporation in Australia
Aim
These programs maintain and update judicial officers’ knowledge and understanding of how the rules of evidence apply.
Scope
- Consideration of relevant legislation
- Rules of evidence and associated case law
- Consideration of the leading authorities
- History and source of evidence laws in Australia
- The exercise of judicial discretion with respect to evidence
- Witnesses and evidence
- Principles that assist with proof
- Significant developments in evidence law
- Difficult areas of evidence law