Report by Maria Nawaz. Grata Fund.
May 29, 2020.
Australia is facing an unprecedented health crisis with the COVID-19 pandemic, with ripple effects on the justice system. In response, the courts have worked incredibly hard to ensure that the wheels of justice keep turning. We’ve seen innovation and a remarkable shift to digital operations in the courts that was unimaginable just a few months ago, with judicial officers, legal practitioners and court users adapting to virtual hearings at a rapid pace.
Governments at the federal, state and territory level have rushed through legislation and regulations in response to COVID-19 that impact on the operation of the courts. The courts are now compelled to abide by social distancing restrictions, which has rendered new jury trials impractical, led to matters being adjourned , and forced hearings to shift online.
While the courts should be commended for adapting so quickly, concerns about the shift to digital operations remain. What impact will digital operations have on the cornerstones of our justice system, including access to justice, open justice, procedural fairness and the right to trial by jury? The courts play a vital role in our democracy and the rule of law. As the third arm of government, The courts provide us all with the ability to hold the powerful, including governments and corporations, accountable under the law.
The effective administration of justice is dependent on public trust in the justice system. Public participation and open court processes must be maintained in order to ensure public confidence in our courts. We need to put safeguards in place to allow our courts to continue operating, and to ensure public trust in the judiciary and the courts remains while justice is shifted online.
Once the pandemic passes, the courts will be in a position to evaluate where technology has increased efficiency, access to justice and open justice. This evaluation should be done in close consultation with affected people, their representative bodies, parties, and legal practitioners. Consideration should be given to entrenching the digital progress made by the courts where it facilitates the fair, efficient and effective administration of justice. Governments need to adequately resource the courts and the legal assistance sector to ensure the most disadvantaged in our community benefit from online courts.
This report makes 17 recommendations to safeguard our courts and their key democratic role, and to ensure they are properly resourced to embrace digital operations on a permanent basis where appropriate.
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