Law Council of Australia

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Policy Statement - Principles Underpinning a Federal Judicial Commission

25 March 2023
 

It is essential to the promotion of the rule of law and the Australian constitutional system that there be a strong, independent, and transparent judiciary. Consistent with this aspiration, a means of fairly and punctually addressing complaints directed to the judiciary in an independent, structured manner is essential.

A Federal Judicial Commission would assist to provide a clear and structured framework for responding to such complaints, and if established appropriately, will serve to promote public trust and integrity in the complaint-handling process. It will be essential for the commission to be underpinned by four key features, namely independence, coherence, accessibility and transparency.

The Law Council’s Policy Statement was first published in December 2020 and was updated in March 2023 to complement and align with the Law Council’s submission in response to the Commonwealth Attorney-General’s Department’s discussion paper on Scoping the establishment of a federal judicial commission.

The Law Council will continue to draw upon this Policy Statement as the Government’s consideration of the establishment of a Federal Judicial Commission progresses.

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