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A National Curriculum for Australian Judicial Officers

Unit One: The Judicial Function

Rationale

Judicial officers encounter situations, in and outside the courtroom, which require them to consider how they should conduct themselves. This may involve issues which raise questions in regard to appropriate judicial conduct.

Unit One The Judicial Function Unit Two The Law Unit Three Judicial Management in the Courtroom Unit Four Vulnerable People in the Courtroom Unit Five Judicial Reasoning and Decision Making Unit Six Sentencing Unit Seven Diversity and Inclusion Unit Eight Australia’s Indigenous People Unit Nine Intersection of Science, Technology and the Judicial Function Unit Ten Judicial Leadership Unit Eleven Judicial Self-care and longevity on the bench Unit Twelve Judicial Life and Quest for Enduring Purpose

Aim of this Unit

Professional development activities should help judicial officers:

  • To identify common problems that raise questions as to the appropriate standard of conduct or any ethical concerns
  • By providing information about resources available to assist them in resolving such questions
  • To consider and apply the relevant principles
  • By providing guidelines in regard to judicial conduct and ethical problems which arise in and outside the courtroom

Application of the Core Dimensions

D1

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D2

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D3

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D4

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Each unit will require different weight to be given to each of the Core Dimensions depending on the nature of the unit, and this should be reflected in any rationale and learning outcomes of a program developed under this unit.

Programs

Program 1.1

1.1 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.2

1.2 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.3

1.3 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.4

1.4 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.5

1.5 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.6

1.6 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them
Program 1.7

1.7 - Judicial Independence & The Role of The Judicial Officer

Aim

These programs provide judicial officers with the opportunity to consider broad issues relevant to their judicial independence in the context of the judicial system including its independence.

Scope

These programs could encompass:

  • A consideration of the literature and official statements in regard to the role of the judiciary and of the individual judicial officer
  • The effect of judicial independence on the relationship between heads of jurisdiction and judicial officers
  • Boundaries between administrative issues and an independent judiciary 
  • Handling of complaints against judicial officers
  • Issues about the extent to which, and how, judicial officers should take some responsibility for having some of the problems they see before them fixed, eg. in legislation, administration or the outcomes for the people who appear before them