A STRATEGIC FRAMEWORK FOR ACCESS TO JUSTICE IN THE FEDERAL CIVIL JUSTICE SYSTEM

“Access to justice is central to the rule of law and integral to the enjoyment of basic human rights. It is an essential precondition to social inclusion and a critical element of a well-functioning democracy.

I am proud that an accessible and effective federal civil justice system is a key priority of the Rudd Government’s agenda for reform.

An effective justice system must be accessible in all its parts. Without this, the system risks losing its relevance to, and the respect of, the community it serves. Accessibility is about more than ease of access to sandstone buildings or getting legal advice. It involves an appreciation and understanding of the needs of those who require the assistance of the legal system.

While courts are an important aspect of the justice system, there are many situations where courts are the last place people will get the outcome they are looking for to resolve issues. Often a full blown court case will be completely disproportionate to the issues in dispute.

I know from my experiences as a lawyer, Member of Parliament and Attorney-General that some people are intimidated by the justice system, and others feel they don’t have sufficient skills to navigate it. I have met many people who have been unable to address a small legal problem before it escalates. Often this is because they don’t know what to do or where to go for assistance.

The critical test is whether our justice system is fair, simple, affordable and accessible. It is also important that the system provides effective early intervention to help people resolve problems before they escalate and lead to entrenched disadvantage. People must be able to understand the law if it is to be effective.

In January 2009 I established an Access to Justice Taskforce in my Department to undertake a comprehensive examination of the federal civil justice system with a view to developing a more strategic approach to access to justice issues. This report is the result of their examination of access to justice from a system-wide perspective.

I am releasing the Taskforce’s report for public discussion and input. Issues highlighted and the Taskforce’s recommendations will be considered by Government departments and agencies, and will assist the Government develop initiatives which appropriately address and improve access to justice for all Australians.”

Robert McClelland
ATTORNEY-GENERAL

To read or download the full report click the link below:

A Strategic Framework for Access to Justice in the Federal Civil Justice System