Annual Review

4. Judicial education and community involvement

Judicial education and professional development

The Local Court, in partnership with the Judicial Commission, continues to provide a comprehensive and diverse programme of continuing judicial education for Magistrates, ranging from Orientation Programmes for new appointees to specialist seminars on recent developments in the law.

The strategic objectives of judicial education, as supported by both the Judicial Commission and the Court, are:

• 
  to contribute to high standards of judicial performance;
  
• 
  to provide Judicial Officers with up-to-date information on law, justice and related areas; and
  
• 
  to assist in the development of appropriate skills and values.
  

The Committee is composed of Judicial Officers of the Court and the Education Director of the Judicial Commission. The Chair of the Committee, a Deputy Chief Magistrate, is also a member of the Judicial Commission’s Standing Advisory Committee on Judicial Education.

In 2006 Magistrates attended more than 750 days of face-to-face judicial education. Pre-Bench training sessions designed to familiarise new Magistrates with Local Court practice and procedure were conducted for 10 new Magistrates.

A highlight of the educational programme in 2006 was the offering of the first judgment writing session for Magistrates and Judges.

Professor James Raymond, conducted a practical two-day workshop for Magistrates and Judges, which covered topics including designing and writing a judgment, using plain English and revising a judgment. A second workshop is being offered in 2007.

Magistrates also attended small group, interactive metropolitan and regional seminars. These seminars focussed on the new Uniform Civil Procedure Rules, Sentencing, Absent Witnesses, Defendants and Prosecutors, Court Security and Domestic Violence.

Attendance at conferences and external education allow Magistrates to establish networks both domestically and internationally. During 2006 Magistrates took advantage of opportunities to attend conferences as listed below.

The Local Courts Annual Conference was held over three days in August 2006 for all New South Wales Magistrates. The Conference focussed on recent developments in criminal and civil law, the role of Department of Community Services in Care Proceedings, Assistance for Litigants, the Use and Abuse of DNA Evidence, Forensic Document Examination, the Law Enforcement (Powers and Responsibilities) Act 2002 and Mental Health.

Two Children’s Court Conferences were held in February and May 2006. Topics included Assessment Orders, doli incapax, Juvenile Justice Directions, Sentencing Young Aboriginal Offenders, Joint Investigation and Response Team (JIRT), Children and Sexualised Behaviours and Courtroom Technology.

Magistrates also attended twilight seminars on such topics as s 294A Criminal Procedure Act – Unrepresented Accused in Sexual Offences and the Judiciary in England and Wales.

Magistrates also worked on the Advisory Committee responsible for the design and content of the Equality Before the Law Bench Book, launched by the Attorney General on 21 June 2006 in the Banco Court of the New South Wales Supreme Court. The Equality before the Law Bench Book aims to substantially enhance the ability of Courts to deliver equal justice according to the law by providing information and guidance for all Judicial Officers about the differing needs of particular community groups, and how to take account of these needs in Court proceedings in a fair and legally appropriate manner.

The Court also worked with the Judicial Commission, to ensure Magistrates regularly updated the Local Courts Bench Book to reflect new developments in the law.

Judicial assistance programme

Legal education in the community and participation in external bodies

Magistrate’s activities in 2006 are summarised below:

Speaking Engagements:

12 Dec - Practical Advocacy Skills for Young Practitioners New South Wales 2006, “Criminal Case Processing”

Membership of legal, cultural or benevolent organisations:

Board Member, Uniting Aged Care Sydney North Regional Board

His Honour Deputy Chief Magistrate Paul Cloran

Conferences:

10-15 Sep - Commonwealth Magistrates and Judges Association Conference (Toronto)

Membership of legal, cultural or benevolent organisations:

Acting Chair, Rosemount Youth and Family Services

His Honour Magistrate David Bruce Armati – Chairperson Licensing Court of New South Wales

Conferences:

10-15 Sep - Commonwealth Magistrates and Judges Association Conference (Toronto)

9-12 Jun - Australian Association of Magistrates (Perth)

Membership of legal, cultural or benevolent organisations:

Vice President, Commonwealth Magistrates and Judges Association

Member, Commonwealth Day Council

His Honour Magistrate Ian McRae

Speaking Engagements:

2006 Traffic Offenders Annual Programme

Court Volunteers Orientation Programme

Membership of legal, cultural or benevolent organisations:

Chairman, Carrington Centennial Trust dispute committee

Member, Advisory Board, The Shed

Regular meetings with Aboriginal drug and rehabilitation centre (and local Aboriginal Elders)

Conferences:

10-15 Sep - Commonwealth Magistrates and Judges Association Conference (Toronto)

Membership of legal, cultural or benevolent organisations:

Co-founder and Member, Point Zero

Co-founder and Member, Power of Choice

Conferences:

21-24 Nov - Australasian Coroners Society Annual Meeting and Conference (Port Moresby)

Speaking Engagements:

8 Feb - RPA Hospital – Presentation to Doctors and Hospital Administrators on identifying reportable deaths following HCCC Walker Inquiry

6 Mar 2006 - Legal Studies State Conference on the role and jurisdiction of a New South Wales Coroner

14 Mar - New South Wales Police Professional Development Day “Managing Critical Incidents”

26 Jun - Police Academy, Goulburn “Serious Incidents & Emergency Management”

2 Nov - University of Sydney, 4th year Medicine students “Medical Practitioners and the Coroners Act”

15 Nov - Western Region Professional Development Day “Critical Incidents – Expectations of the Coroner”

Membership of legal, cultural or benevolent organisations:

Vice President, Asia Pacific Coroners Society

Membership of legal, cultural or benevolent organisations:

Youth Insearch Organisation

Her Honour Magistrate Daphne Kok

Conferences:

10-12 Feb - Sentencing Principles, Perspectives and Possibilities (National Judicial College)

Jun - Australian Liquor Licensing Authorities Conference, Indigenous Drinking Issues (Melbourne)

9-12 Jun - Australian Association of Magistrates (Perth)

6-8 Oct - The Tenth Colloquium of the Judicial Conference of Australia (Canberra)

Nov - Australian Liquor Licensing Authorities Conference, National Issues (Canberra)

Membership of legal, cultural or benevolent organisations:

Chairperson, Law Extension Committee(University of Sydney)

Council Member, International House (University of Sydney residential college)

Chairperson, Board of Wentworth Annex Limited

Chairperson, Finance Committee of Research Institute for Asia and the Pacifi c (University of Sydney)

Council Member, Solicitor’s Benevolent Society of New South Wales

Alternate Appointee, Chief Magistrate Council of Judicial Conferences of Australia

Chairperson, Association of Australian Magistrates

Organiser, Oriental Society of Australia 50th Anniversary Conference

Conferences:

10-12 Feb - Sentencing Principles, Perspectives and Possibilities (National Judicial College)

4 Nov - Science, Experts and the Courts (Sydney)

20-24 Nov - Defence Legal National Conference

Her Honour Magistrate Jillian Orchiston

Conferences:

3-7 May - International Association of Women Judges (Sydney)

His Honour Magistrate Stephen Jackson

Membership of legal, cultural or benevolent organisations:

President of Rothbury Brigade, Rural Fire Service of New South Wales

Member, Hunter Zone Training Committee, Rural Fire Service of New South Wales

Conferences:

Dec - Nowra Circle Sentencing Court – the way forward (Coolangatta) (Co-host)

Speaking Engagements:

Feb - Australian National University “Circle Sentencing of Aboriginal Offenders”

His Honour Magistrate Hugh Dillon

Speaking Engagements:

Apr - Launched Policing the Rural Crisis by Russell Hogg and Kerry Carrington at the University of New England in 2006

Nov - Bar Readers’ Course, Advocacy in the Local Court

Dec - Lexis Nexis Young Lawyers Seminar on Advocacy “Court etiquette and advocacy”

Publications:

Local Court Advocacy in Lexis Nexis Local Courts Criminal Practice (New South Wales)

His Honour Magistrate Michael Stoddart

Conferences:

Jul - Domestic Violence Intervention Court Model (Bowral)

Speaking Engagements:

Aug - Women’s Domestic Violence Court Assistance Programme

Her Honour Magistrate Jennifer Giles

Conferences:

3-7 May - International Association of Women Judges (Sydney)

His Honour Magistrate Gary Still

Conferences:

2-6 Jul - International Society for the Reform of Criminal Law “Justice for all victims, defendants, prisoners and the community”

Her Honour Magistrate Christine Haskett

Conferences:

3-7 May - International Association of Women Judges (Sydney)

Her Honour Magistrate Beverley Schurr

Conferences:

3-7 May - International Association of Women Judges (Sydney)

Membership of legal, cultural or benevolent organisations:

Organising Committee, 8th International Conference of International Association of Women Judges

Her Honour Magistrate Eve Wynhausen

Speaking Engagements:

Mar - Jewish Women’s group – the Role of the Children’s Court

Her Honour Magistrate Hilary Hannam

Conferences:

Jun - International Conference on Therapeutic Jurisprudence (Perth)

9-12 Jun - Australian Association of Magistrates (Perth)

Speaking Engagements:

Jun - International Conference on Therapeutic Jurisprudence “Therapeutic Jurisprudence in Magistrates Courts: Meeting the Challenge”

9-12 Jun - Australian Association of Magistrates “Therapeutic Jurisprudence in Magistrates Courts: Meeting the Challenge”

His Honour Magistrate Paul Mulroney

Speaking Engagements:

Tranby College students of Diploma of Indigenous Legal Advocacy, – The Children’s Court

Membership of legal, cultural or benevolent organisations:

Board Member, Habitat for Humanity New South Wales

His Honour Magistrate George Zdenkowski

Conferences:

4 Nov - Science, Experts and the Courts (National Judicial College) (Chair and Member of Organising Committee)

Publications:

Member, Steering Committee, “Judge for yourself: A Guide to Sentencing in Australia”

Member, Advisory Committee, “Australian Law Reform Commission, ALRC 103 “Same Crime, Same Time” Report on Sentencing of Federal Offenders) April 2006

Submissions to New South Wales Sentencing Council’s inquiry into Court imposed fines

Submissions to the SCAG Review of Advocates’ Immunity from Civil Suit

Membership of legal, cultural or benevolent organisations:

National Judicial College of Australia (Regional Convenor)

Membership of legal, cultural or benevolent organisations:

Board Member and Treasurer, Guthrie House (a prison alternative and post release residential programme for women)

Her Honour Magistrate Elizabeth Ellis

Speaking Engagements:

Central Coast public, denomination and non-denominational schools: “Sex, drugs and breaking the law”

Brisbane Waters Campus: International Women’s Day

Neighbourhood watch

Membership of legal, cultural or benevolent organisations:

Member, Children’s Court Advisory Committee

Mentor, to Central Coast Law students

Conferences:

Jun - International Conference on Therapeutic Jurisprudence (Perth)

Nov - Children and the Courts

Speaking Engagements:

“Children and the Law” at various High Schools in the Griffith circuit

His Honour Magistrate Gordon Lerve

Speaking Engagements:

Continuing Legal Education Riverina area (Griffith and surrounds) (twice yearly)

Continuing Legal Education seminars to lawyers in Moree

Membership of legal, cultural or benevolent organisations:

Reviewing Examiner with the Legal Practitioners Admission Board, Practice and Procedure

Speaking Engagements:

11 May - Sydney Jewish Museum, Keynote speech at opening of permanent exhibition dedicated to Ukrainian Holocaust victims

23 Nov - Australian Red Cross debate, “After the war – prosecutions, pardons and peace”

Conferences:

4 Nov - Science, Experts and the Courts (Sydney)

Membership of legal, cultural or benevolent organisations:

Lecturer, University of Technology Sydney Practical Legal Training programme

5. Appendices

The Court’s time standards

• 
  95% of summary criminal trials – within 6 months.
  
• 
  100% of summary criminal trials – within 12 months
  
• 
  95% of criminal cases where the defendant enters a plea of guilty – within 3 months.
  
• 
  100% of criminal cases where the defendant enters a plea of guilty – within 6 months.
  
• 
  90% of indictable matters discharged or committed for trial or sentence to the Supreme or District Court – within 6 months.
  
• 
  100% of indictable matters discharged or committed for trial or sentence to the Supreme or District Court – within 12 months.
  
• 
  95% of complaint summonses – within 3months.
  
• 
  100% of complaint summonses – within 6 months.
  

90% of civil cases – within 6 months of the initiation of the proceedings in the Court.

100% of cases – within 12 months of the initiation of proceedings in the Court.

Children’s Court Criminal Time Standards

• 
  80% of all summary criminal trials – within 6 months and 100% – within 12 months.
  
• 
  90% of all sentence matters following a plea of guilty – within 3 months of commencement and 100% – within 6 months.
  
• 
  90% of committals for trial – within 9 months and 100% – within 12 months.
  
• 
  95% of applications – within 6 months and 100% – within 9 months.
  

• 
  90% of Care matters – within 9 months.
  
• 
  100% of Care matters – within 12 months.
  

• 
  95% of deaths by natural causes, (no brief of evidence ordered), – within 3 months.
  
• 
  100% of deaths by natural causes, (no brief of evidence ordered), – within 6 months.
  
• 
  95% of deaths dispensed with (a brief of evidence ordered) – within 6 months.
  
• 
  100% of deaths dispensed with (a brief of evidence ordered) – within 9 months.
  
• 
  95% of deaths proceeding to inquest – within 12 months.
  
• 
  100% of deaths proceeding to inquest – within 18 months.
  

• 
  95% of prosecutions – within 6 months.
  
• 
  100% of prosecutions – within 12 months.
  

• 
  Undefended Applications:
  

(ii) Time to answer requisitions – an additional 4 weeks.

(iii) If requisitions are not answered, the matter will be stood over generally and if requisitions are not answered within a further 12 weeks then the application will be refused.

(iiii) Time from lodgement to final disposal is therefore a maximum of 22 weeks.

• 
  Defended Applications
  

(vi) If a single Magistrate matter then the time from lodgement to final disposal is 26 weeks.

(vii) For appeals and other Full Bench matters then time from lodgement to final disposal is 52 weeks.

• 
  Complaints and Court Attendance Notices (CANS)
  

(ix) 100% of matters – within 52 weeks.

The Court’s committees

Chief Magistrate Graeme Henson (Chair from 30 August 2006)

Judge Price, Chief Magistrate (Chair until 27 August 2006)

Deputy Chief Magistrate Helen Syme

Deputy Chief Magistrate Paul Cloran

Chairperson Licensing Court Magistrate David Armati

State Coroner Magistrate John Abernethy (until October 2006)

Acting State Coroner Magistrate Jacqueline Milledge (from 6 December 2006)

Senior Children’s Magistrate Scott Mitchell

Chief Industrial Magistrate Gregory Hart

Mr Gary Byles, Sheriff of New South Wales

Magistrate Paul Mulroney (from 6 December 2006)

Magistrate Ian McRae (from 6 December 2006)

Mr Craig Smith, Director Court Services (from 6 December 2006)

Mr Les Mabbutt, Executive Offi cer to the Chief Magistrate (until 28 July 2006)

Ms Jacinta Haywood, Executive Offi cer to the Chief Magistrate (from 31 July 2006)

Deputy Chief Magistrate Helen Syme (Chair until October 2006)

Deputy Chief Magistrate Paul Cloran (Chair from October 2006)

Magistrate Hilary Hannam

Magistrate David Heilpern

Magistrate George Zdenkowski

Magistrate Hugh Dillon (from 6 December 2006)

Magistrate Julie Huber (from 6 December 2006)

Magistrate Beverly Schurr (from 6 December 2006)

Magistrate Gordon Lerve (from 6 December 2006)

Ms Ruth Windeler, Education Director, Judicial Commission New South Wales

Local Court Bench Book Committee

Magistrate Ian Barnett (Chair)

Deputy Chief Magistrate Helen Syme

Roslyn Cook, Judicial Commission of New South Wales

Chief Magistrate Graeme Henson (Chair)

State Coroner Magistrate John Abernethy (until October 2006)

Deputy Chief Magistrate Helen Syme (from December 2006)

Deputy Chief Magistrate Paul Cloran (from December 2006)

Magistrate Paul MacMahon (from December 2006)

Chief Magistrate Graeme Henson (Chair)

Deputy Chief Magistrate Paul Cloran (alternate chair)

Magistrate Andrew George

Mr Geoff Hiatt, Deputy Director of Local Courts

Ms Robyn Gray, Office of the Director of Public Prosecutions

Ms Kate Trail, Bar Association of New South Wales (from 6 December 2006)

Mr Stephen Olischlarger, Policy Officer, Local Courts

Ms Elizabeth Beilby, Bar Association of New South Wales

Local Courts (Civil Claims) Rule Committee

Judge Price, Chief Magistrate (Chair) (until 27 August 2007)

Deputy Chief Magistrate Paul Cloran (Chair)

Magistrate Michael Price (until 17 March 2006)

Magistrate Brian Lulham (from 6 December 2006)

Magistrate Hugh Dillon (from 6 December 2006)

Magistrate Sharon Freund (from 6 December 2006)

Mr Graeme Roberts, Civil Claims Division

Ms Jennifer Atkinson, Senior Policy Officer, Legislation and Policy Division, Attorney General’s Department

Mr John Mcintyre, Law Society of New South Wales (until 6 December 2006)

Mr Andrew Kostopolous, New South Wales Bar Association

Mr Stephen Olischlarger, Policy Officer Local Courts

Judge Price, Chief Magistrate (Chair) (until 27 August 2006)

Chief Magistrate Graeme Henson (Chair) (from 30 August 2006)

Deputy Chief Magistrate Helen Syme

Deputy Chief Magistrate Paul Cloran (from October 2006)

Magistrate Wayne Evans

Magistrate Andrew George

Senior Children’s Magistrate Scott Mitchell

Chief Industrial Magistrate Gregory Hart (from 6 December 2006)

Magistrate Roger Prowse (from 6 December 2006)

Magistrate Paul MacMahon (from 6 December 2006)

Magistrate Clare Farnan (from 6 December 2006)

Ms Jacinta Haywood, Executive Offi cer (from 6 December 2006)

Court Management and Technology Committee

Chief Magistrate Graeme Henson

Deputy Chief Magistrate Helen Syme

Deputy Chief Magistrate Paul Cloran

Magistrate Clare Farnan

Ms Jacinta Haywood, Executive Offi cer Attorney General’s Department

Court by Court statistics