Contemporary Judicial Accountability in Australia: Systems, Cases, and Issues

What is the role of the High Court of Australia in the judicial system?

It is at the top of Australia's court system, and its decisions are binding on all courts in Australia.

What is the doctrine of precedent?

It is a legal principle where decisions made by higher courts bind lower courts in similar cases, creating new common law.

What does 'stare decisis' refer to?

It refers to the legal principle that mandates courts to follow precedents set by higher courts.

How can appellate courts hold lower courts accountable?

By reversing original decisions on appeal or overruling outdated precedents.

What is 'ratio decidendi'?

It is the reasoning behind a judge's decision, which must be provided and is published for public access.

Why is the publication of ratio decidendi important?

It promotes openness and transparency in court processes, enhancing public confidence.

What is the significance of appeals in the judicial system?

Appeals hold lower courts and judges accountable, allowing for review of decisions based on law, evidence, and trial management.

How do appeals discipline judges?

Judges are incentivized to make correct decisions as reversed decisions can harm their reputation and affect promotions.

What is natural justice in the context of the Australian legal system?

It is a principle ensuring fair treatment in decision-making processes, particularly in trials.

What is required of judges and juries to maintain procedural fairness?

They must be impartial and declare any conflicts of interest, withdrawing from cases where they cannot be unbiased.

What can result from a failure to uphold natural justice?

It can lead to mistrials and appeals.

What does it mean for a precedent to be persuasive?

It means that a precedent is not binding but can be adopted by other courts if they choose.

What happens if a judge seeks to avoid following precedent?

They must provide a strong justification in their ratio decidendi, or their decision may be reversed on appeal.

What is the relationship between appellate jurisdiction and judges' experience?

Judges in appellate courts are considered to have more experience and expertise than those in inferior courts.

How does Parliament contribute to judicial accountability?

Parliament scrutinizes law reports to monitor the development of common law.

What is the impact of a reversed decision on a judge's career?

It can significantly hurt their reputation and affect their chances for promotion.

What are the consequences of biased judges or juries?

They can lead to mistrials and the possibility of appeals.

How does the High Court influence lower courts?

By binding lower courts to its decisions, thus holding them accountable.

What is the purpose of the appeals process?

To ensure fairness and justice by allowing for the review of lower court decisions.

What does it mean for a decision to be overruled?

It means that a higher court has determined that a previous decision was incorrect.

What is the significance of judges being promoted to higher courts?

Promotions are based on the quality of their judgments and their ability to withstand appeals.

What is the role of the media in relation to ratio decidendi?

The media can access published ratios, contributing to public awareness and scrutiny of judicial decisions.

What is the effect of appellate courts on the development of common law?

They can correct and refine legal principles by reviewing and potentially overruling previous decisions.

What can each party in a case do during a trial?

Each party may call witnesses, submit evidence, and interrogate the adversary's witnesses as long as it is relevant.

What role do judges play in the trial process?

Judges uphold procedural fairness, ensuring that the processes are followed, which can prevent appeals.

What are some types of evidence considered inadmissible in the Australian Adversarial trial system?

Hearsay evidence, opinion evidence, and irrelevant evidence.

How can parties challenge inadmissible evidence in court?

Parties can object to evidence if it does not comply with the rules of evidence.

What must Western Australian judges do regarding jury instructions?

Judges must charge juries correctly by instructing them on what evidence may be used to decide the verdict.

What can happen if a judge incorrectly charges a jury?

It can result in an incorrect and unfair trial outcome, leading to an appeal.

How does public access to court hearings contribute to accountability?

Public access creates transparency, allowing the public to observe the justice system, which can lead to public pressure as a form of internal accountability.

What is the Separation of Powers?

It divides Legislative, Executive, and Judicial power into different bodies to keep each other in check.

Who holds Legislative power in Australia?

Legislative power is vested in the parliament.

Who holds Executive power in Australia?

Executive power is vested in the governor-general.

What is the role of the High Court in the judicial system?

The High Court holds judicial power and has appellate and original jurisdiction.

How can the legislature hold the judiciary accountable?

The legislature can override common law, as seen in the abrogation of the Wik decision by the Native Title Amendment Act.

What was the impact of the Native Title Amendment Act (1997)?

It negated the common law Wik decision regarding Native Title claims on leasehold lands.

What is the significance of the rule of law in judicial accountability?

The rule of law ensures checks and balances on the use of power by individuals and the government.

What led to the introduction of mandatory sentencing laws in Australia?

Public perception of courts being too lenient with sentencing led to parliamentary scrutiny and the introduction of mandatory sentencing laws.

What does the term 'internal accountability' refer to in the context of the judiciary?

Internal accountability refers to mechanisms like procedural fairness and public scrutiny that keep the judiciary accountable.

What is circumstantial evidence and its relevance in court decisions?

Circumstantial evidence can be factored into decisions but is rarely the sole basis for a judgment.

What happens if a judge fails to apply the rules of evidence?

It can lead to an appeal, maintaining accountability in the judiciary.

How does the public's response to open trials affect the justice system?

Public response can create a form of internal accountability through public pressure.

What is the purpose of making court hearings public?

To create transparency and allow the public to observe the operation of the justice system.

What are the sections of the Australian Constitution that outline the powers of government?

Section 1 outlines Legislative power, Section 61 outlines Executive power, and Section 71 outlines Judicial power.

What was the public's reaction to the Wik decision and its legislative response?

Public dissatisfaction led to the introduction of the Native Title Amendment Act to override the decision.

What is the significance of appellate jurisdiction in the High Court?

It allows the High Court to review and make decisions on appeals from lower courts.

What does the rule of law imply about individuals before the law?

Everyone is equal before the law, including judicial officers such as magistrates.

List three rights included in the rule of law.

Right to silence, presumption of innocence, right to a fair trial.

What does the rule of law imply about the judiciary?

It includes the independence of the judiciary.

What are some additional implications of the rule of law?

Right to assemble, democracy through formal legal processes, access to justice, freedom of speech, freedom of the media.

What is a violation of the rule of law in trials?

When people are given unfair circumstances.

What does Section 72 of the Constitution outline regarding judges?

It outlines the criteria and method for the removal of judges.

What is the ultimate punishment for a judge under the Constitution?

Removal from office.

What must happen for a judge to be removed according to Section 72?

Both houses of parliament must approve the removal on grounds of 'proved misbehavior or incapacity'.

Why is the language in Section 72 vague?

To allow for debate and careful analysis of a judge's actions.

What is the significance of the vagueness in the criteria for removing judges?

It has resulted in no federal judge being removed since Federation.

Who was the only judge removed by parliament since Federation?

Angelo Vasta in Queensland.

What are Judicial Commissions responsible for?

Handling complaints against federal judicial officers and promoting judicial integrity.

What is the goal of Judicial Commissions?

To increase public trust in the judiciary through an independent, transparent, and accessible framework.

What can Judicial Commissions do regarding judicial officers' skills?

Ensure they have necessary skills and knowledge, and report those who don't for further training.

How many court hierarchies does Australia have?

Nine court hierarchies.

What is the role of a Chief Justice in a superior court?

To monitor the performance of judges within their jurisdiction.

What can Chief Justices do to underperforming judges?

Counsel them to ensure they perform to the utmost extent in the future.

What do codes of conduct apply to in the Commonwealth government?

They hold branches accountable, including the executive with codes of conduct for ministers and public servants.

What is the purpose of the rule of law in relation to judicial actions?

To ensure that prosecution does not act as bad actors and provides evidence fairly.

What is the relationship between the judiciary and parliament in a Liberal Democracy?

An elected body must be able to hold the judiciary to account.

What is the purpose of judicial accountability?

To ensure judges are held accountable for their actions and maintain public trust.

What does the independence of the judiciary imply?

Judges are not elected by the people and must be held accountable through established processes.

What document outlines the Codes of Conduct for the judiciary?

The Guide to Judicial Conduct.

Who publishes the Guide to Judicial Conduct?

The Judicial Administration.

How many representatives are involved in the creation of the Guide to Judicial Conduct?

30 representatives from various legal professions.

What is the purpose of the Codes of Conduct for judges?

To guide judges on appropriate conduct in various circumstances.

What contemporary case illustrates issues of judicial accountability?

The case of Jarryd Hayne.

What were the charges against Jarryd Hayne?

Sexual assault, including performing *********** and having sexual intercourse without consent.

What section of the Crimes Act did Jarryd Hayne violate?

Section 61I of the Crimes Act 1990 (NSW).

What was the maximum sentence for the charges against Jarryd Hayne?

Up to 14 years imprisonment.

What was the outcome of Jarryd Hayne's first trial?

The jury was 'hung' and could not reach a verdict.

What was the result of Jarryd Hayne's second trial?

He was found guilty of two counts of sexual assault.

Why were Jarryd Hayne's convictions overturned in 2022?

Due to problematic jury directions given by the trial judge.

What was the sentence given to Jarryd Hayne after his retrial?

4 years and 9 months in prison, with a non-parole period of 3 years.

What grounds did Jarryd Hayne appeal his conviction on?

Unreasonable jury verdicts and errors by Judge Turnbull regarding evidence.

Who upheld the grounds of appeal in Jarryd Hayne's case?

Justice Deborah McSweeney.

What was the outcome of the appeal court's decision in Jarryd Hayne's case?

The convictions were quashed, and a retrial was ordered.

What incident involved Richard Pithouse on August 22, 2022?

He presided over a criminal matter with a defendant represented by Victoria Legal Aid.

What allegations were made against Richard Pithouse by the CEO of Victoria Legal Aid?

Inappropriate conduct, including excessive aggression and intimidation towards the defendant.

What specific behavior did Richard Pithouse exhibit during the hearing?

He threatened immediate imprisonment and failed to show respect and courtesy.

What was one of the concerns regarding Richard Pithouse's impartiality?

He appeared to pre-judge the matter before hearing both sides of the case.

What emotional state influenced the decision-making of the VLA lawyer in the case against Richard Pithouse?

Anger

What was the consequence of Richard Pithouse's emotional state during the judicial process?

He remanded the defendant in custody overnight, which was considered an abuse of his judicial power.

What allegations were made against Richard Pithouse regarding his conduct as a magistrate?

He was accused of taking the defendant's behavior personally, lacking control, and failing to maintain impartiality and integrity.

What was the outcome of the complaint against Richard Pithouse?

The complaint was dismissed due to his resignation as a Magistrate on March 14, 2023.

According to the Commission of Victoria Act 2016, under what condition must a complaint against a judicial officer be dismissed?

If the judicial officer has resigned or retired and is no longer a judicial officer.

What maximum sanction could Richard Pithouse have faced if he had not resigned?

He could have been fired from his role as a judicial officer.

What was the nature of the second complaint received against Richard Pithouse on December 21, 2022?

It alleged that he communicated in an unprofessional and inappropriate manner with a junior solicitor.

What did the Commission determine about the alleged conduct of Richard Pithouse towards the junior solicitor?

It could be considered sexual harassment according to the Commission's Judicial Conduct Guideline.

What happened to the investigating panel formed on February 27, 2023, regarding the second complaint?

It had to disband due to Richard Pithouse's resignation.

What was the overall effectiveness of the Victorian Judicial Accountability system in this case?

It was ineffective in holding judicial officers accountable due to the resignation of Richard Pithouse.

What is the primary function of the Victorian Judicial Commission?

To investigate judges suspected of breaking codes of conduct and the rule of law.

What happens to investigations when a judicial officer resigns according to the Commission of Victoria Act 2016?

Investigations must stop.

What significant issue does Richard Pithouse's case highlight in the Victorian Judicial system?

The difficulty in holding judicial officers accountable after their resignation.