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Call For Independent Advisory Body On Judiciary

An independent judicial advisory body should be established to monitor, advise and where necessary intervene in the relationships between Federal and State governments and the judiciary, according to the Civil Justice Foundation.

"Politicians can't always be trusted to make the right decisions about resources for the judiciary," said Foundation director Peter Carter. Mr Carter also claimed a "disturbing trend" had developed in Australia for politicians at senior levels of government to "hang the judiciary out to dry" when it suits them.

"The major political parties pay lip service to the notion of an independent judiciary and full access to justice," he said. "However, in practice, politicians have a track record of interference or indifference when it comes to important matters affecting our third arm of Westminster parliamentary democracy.

"The judicial system relies upon elected governments for their resources. The best way to ensure their future is for these resources to be independently assessed and legislated for," said Mr Carter.

"An independent advisory body to government also could provide input on a range of related matters, from appointment of members of the judiciary to advice on how controversial issues should be handled, as well as the way resources could be provided." he said.

"The recent Justice Kirby/Senator Heffernan controversy was highlighted by the reluctance of the Government to offer appropriate support of and confidence in the judge at a critical time," said Mr Carter.

"The bottom line is that in difficult situations, politicians inevitably put what they perceive as their own and their party self interests ahead of good government. This practice is not confined to the Federal arena, or to the High Court. Over time, various judicial elements have found themselves lacking the appropriate level of support and confidence of the relevant State Government, or have been pressurised in various ways".

Ends

(Note: The Civil Justice Foundation was established in 1999. Its objectives are to promote and encourage the protection and enhancement of civil rights and the maintenance of an efficient and equitable civil justice system)

Further information contact: Peter Carter 3210 3409; 0414 783 542