7.1 Principle of Justice

fairness

means all people can participate in the justice system and its processes should be open and impartial

equality

means people should be treated in the same way, but if the same treatment causes disparity or disadvantage, then adequate measures should be taken to allow all people to engage with the justice system without any disparity or disadvantage

access

all people should be able to enagge with the justice system and its processes on an informed basis

Examples of Fairness in the Civil Justice System

• courts and personnel must be independent, impartial and unbiased

• hearings must be public and court judgements avaliable to the public, allowing the community, media and victims to attend court hearings

• parties should have the oppourtunity to know the case against them and present their version of the case

Examples of Equality in the Civil Justice System

• assistance to self-represented parties

• interpreters

• providing information in different ways → such as different languages or without legal jargon

• changes to court processes or allowing breaks and adjournments

• allowing different forms of oath or affirmation

Examples of Access in the Civil Justice System

• people need the means and ability to be able to use and participate in the justice system, including physical, financial, and technological access

• a range of dispute resolution methods avaliable

• people should be able to understand their legal rights and processes involved in their case, and they should be able to obtain information to make reasoned decisions