On 5 February 2009, the Senate ordered the review of Australia’s judicial system, the role of judges and access to justice.
The Human Rights Law Resource Centre’s Submission to the Access to Justice Inquiry analyses and discusses the Terms of Reference with particular reference to the right to a fair hearing, as enshrined in art 14 of the International Covenant on Civil and Political Rights. The right to a fair hearing is a fundamental human right, is instrumental to the effective protection of all other human rights, and must be central to any discussion of access to and administration of justice.
Following the introduction of similar ‘right to fair hearing’ provisions in charters of human rights in other jurisdictions (in particular in the United Kingdom and state jurisdictions such as Victoria and the Australian Capital Territory), an analysis of the jurisprudence developed in these jurisdictions is useful for determining the content of the right to a ‘fair hearing’ and evaluating the implications for access to justice in Australia.
Accordingly, through a discussion and analysis of the content of the right to a fair hearing, this submission aims to assist in guiding potential reform relating to the following Terms of Reference the subject of the Inquiry:
- the ability of people to access legal representation;
- the adequacy of legal aid;
- the adequacy of funding and resource arrangements for community legal centres;
and to a lesser extent:
- the cost of delivering justice;
- the timeliness of judicial decisions; and
- measures to reduce the length and complexity of litigation.
The discussion also touches on issues that are relevant to:
- the procedure for appointment and method of termination of judges;
- the term of appointment of judges; and
- the appropriate qualifications of judges.
