REMARKS AT THE FOURTH INTERNATIONAL CONFERENCE ON THE TRAINING OF THE JUDICIARY


Sydney

Sunday, 23 October 2009

First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

On behalf of the Australian Government it is my pleasure to welcome delegates.

I thank the International Organisation for the Training of the Judiciary for choosing Australia as the venue for its Fourth Conference.

I understand that there are over 200 participants from 48 countries at the Conference. The fact that delegates have come from around the world shows the importance of judicial education in all countries, whether they be developing nations or countries that have long established judiciaries.

Judicial training is vital.

It is said that as honest, high minded, able and fearless judge is the most valuable servant of a just and secure society. This is because they explain and illuminate justice as they apply and interpret the law according to principle and precedent, rather than influence and patronage. It is only a judge that has the ability to enforce the law irrespective of the power imbalance that might exist between parties – be that citizen, corporation or government.

Equally, it is said that a poor or untrained judge can be at best a wasteful indulgence and, at worst, a significant impediment to justice. In practice a citizen has very little recourse if they are hauled before a judge whose abilities or character are inadequate.

The traits of a good judge are, in the main, innate to the individual. In that respect, processes for selecting the judiciary are very important.

There is no doubt, however, that judicial training can bring out the very best in those honest, high-minded, able and fearless people who, more often than not are invited onto the Bench.

That element of courage should not be underestimated. In some countries it is incredibly dangerous to serve as a judge, as lives can literally be at risk. One can only imagine the daily pressure of deliberating in that environment.

In that sense building support and interdependence among judges in all countries is tremendously important. Dialogue in all aspects is the key.

By bringing together participants from a range of systems, practices and experiences can be shared across divides such as those between civil and common law countries. This will contribute to better consistency across borders, which in turn can facilitate the increasing interdependence amongst nation States.

There are 58 speakers on a wide variety of interesting and important topics, including judicial training in areas which have a direct bearing on improving the public’s access to justice, such as alternative dispute resolution and case management.

In addition to deliberating on ways of increasing the efficiency of justice systems, it is pleasing to see that the Conference will also focus on the way in which judges exercise their functions.

Some sessions will look at training in areas such as human rights and social context. Human rights, of course, means very little if they cannot be exercised in a free and secure space. The balance between rights and security will be a very important topic.

Another session will consider the role of judicial education in strengthening judicial independence. Independence not only from other arms of Government, but also assuring independence in the face of sustained attack.

This conference, like many initiatives in judicial education, relies significantly on the judiciary and others voluntarily giving their time. I particularly congratulate the IOJT Executive and the Council of the National Judicial College of Australia for their work over the last 18 months in the planning and delivery of the Conference.

I am pleased that I have been able, in my capacity as Attorney-General, to grant support for the Conference.

I am sure that this Conference will be a stimulating and rewarding experience for you all and I look forward to hearing the outcomes.

Thank you.