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Appendices, Glossary, Index, GRI index and Five-year overview
114 Judicial Commission of NSW Annual Report 2010–11

Contents
Appendix 1. Complaints against judicial officers: guidelines . . . . . . . . . . . . . . . . . . . . . . . . . 116
Appendix 2. Conduct Division: guidelines for examination of complaints. . . . . . . . . . . . . 119
Appendix 3. Continuing judicial education policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Appendix 4. Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122
Appendix 5. Conference topics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123
Appendix 6. Judicial education seminars, workshops and field trips . . . . . . . . . . . . . . . . .127
Appendix 7. Articles published by the Judicial Commission. . . . . . . . . . . . . . . . . . . . . . . . . .128
Appendix 8. Publications list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129
Appendix 9. Ngara Yura program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Appendix 10. Assistance to other jurisdictions and organisations . . . . . . . . . . . . . . . . . . . 131
Appendix 11. Working with other organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132
Appendix 12. Visitors to the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132
Appendix 13. Overseas visits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133
Appendix 14. Exchange of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133
Appendix 15. Presentations by Commission officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134
Appendix 16. Access to government information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135
Appendix 17. Other compliance matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
GRI index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Five-year overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Photo: The Downing Centre in Liverpool Street, Sydney, once the popular Mark Foy’s
Department store, now houses the busy Local Court of NSW and the criminal registry and
short matters courts of the District Court of NSW.
Appendices, Glossary, Index, GRI index and Five-year overview 115

Appendices
Appendix 1
Complaints against judicial officers: guidelines
1. Overview
The objective of the Commission’s
complaint function is to ensure that
complaints about the ability and
behaviour of judicial officers are
investigated in a timely and effective
manner in order to:
a) enhance public confidence in the
judiciary of NSW, and
b) promote good practices and
high standards of judicial
performance.
The Judicial Officers Act 1986
provides a means for people
to complain about the conduct
of a judicial officer and to have
those complaints examined by an
independent body. An important
role of the Commission is not only
to receive and examine complaints
made against judicial officers, but to
determine which complaints require
further action.
These guidelines are designed to
assist people to understand the
Commission’s complaint function,
including the principles and
procedures adopted by the Judicial
Commission. The detailed provisions
of the complaint function are in Part 6
of the legislation.
2. Who is a judicial officer?
2.1 A “judicial officer” under the Judicial
Officers Act means:
• a judge or associate judge of the
Supreme Court
• a member (including a judicial
member) of the Industrial
Relations Commission
• a judge of the Land and
Environment Court
• a judge of the District Court
• the president of the Children’s
Court
• a magistrate, or
• the president of the
Administrative Decisions
Tribunal.
2.2 The definition of “judicial officer”
includes acting appointments to a
judicial office but does not include
arbitrators, registrars, chamber
registrars, assessors, members of
tribunals or legal representatives.
2.3 The Commission has no power to
examine complaints against federal
judicial officers or a person who is no
longer a judicial officer.
3. Making a complaint
3.1 Who can make a complaint?
A complaint may be made to the
Commission by any person or may
be referred to the Commission by the
Attorney General.
3.2 Legislative requirements
The Judicial Officers Act requires
that a complaint is in writing and
that it identifies the complainant
and the judicial officer concerned.
The Judicial Officers Regulation
2006 requires that particulars of a
complaint are verified by statutory
declaration and that the complaint
is lodged with the Chief Executive to
the Commission.
3.3 Assistance to complainants
If a person cannot write, he or she
may contact the Commission and
assistance will be provided to put the
complaint in writing. If interpreting or
translation assistance from another
language to English is required, the
Commission will make arrangements.
3.4 Advice to the public
The Commission provides further
advice to the public about the
complaints process through:
• its website which provides an
easy to understand guide to
the Commission’s complaints
process, detailed information
about possible outcomes of
complaints, and a complaints
form for downloading
• a plain English brochure outlining
the complaints process
• assistance to potential
complainants with translation
and interpreting services
• responding to telephone and
face-to-face enquiries, and
• giving talks on the complaints
process to interested groups.
3.5 Acknowledge receipt of complaints
All complaints submitted to the
Commission in proper form will be
acknowledged in writing within one
week of receipt.
4. Complaints not within the
Commission’s jurisdiction
4.1 The Commission does not review a
case for judicial error, mistake, or other
legal ground. Reviews of those matters
are the function of appellate courts.
4.2 Allegations of corruption against
a judicial officer are required to be
referred by the Judicial Commission
to the Independent Commission
Against Corruption for investigation
by that body.
5. Investigating a complaint
5.1 Receipt of a complaint
On receiving a complaint, the
Commission will conduct a
preliminary examination into the
matter. In every case, the judicial
officer is advised of the fact that
a complaint has been made
and provided with a copy of the
complaint documentation.
5.2 Preliminary examination
The preliminary examination of all
complaints must be undertaken
by Commission members at a
properly constituted meeting of
the Commission. The quorum for a
meeting is seven members, of whom
at least one must be an appointed
member. 1 The Commission cannot
delegate the preliminary examination
of a complaint except to a committee,
which must consist entirely of
members and include at least one
appointed member.
The initial investigation will often
involve an examination of transcripts,
sound recordings, judgments, court
files and other relevant material. It
may also involve taking statements
from relevant persons. If necessary, a
response to the complaint is sought
from the judicial officer.
1 Appointed members are persons appointed by the Governor on the nomination of the Minister and who, in the opinion of the Minister, have
high standing in the community.
116 Judicial Commission of NSW Annual Report 2010–11

5.3 Confidentiality
The preliminary examination of
a complaint by the Commission
will be conducted, as far as
practicable, on a confidential basis.
The legislative requirement of
confidentiality protects the judiciary
from unjust criticism and protects
those who furnish information to
the Commission in the course of its
examination of a complaint.
The proceedings of the Commission
and all information and materials,
written or oral, obtained by the
Commission in the course of
its preliminary examination are
confidential.
5.4 Time standards for finalisation of
investigations
The Commission aims to finalise the
investigation of 90% of complaints
within six months of receipt and
100% within 12 months of receipt.
6. Complaints against a judicial
member of the Commission
A judicial member of the Commission
will not participate in any discussions
or decisions involving complaints
against him or her.
7. Action following preliminary
examination
Following its preliminary examination,
the Commission must take one of the
following actions:
• summarily dismiss the complaint
• refer the complaint to the relevant
head of jurisdiction, or
• refer the complaint to the
Conduct Division.
The Commission will act in
accordance with the principles of
natural justice in conducting its
examination of a complaint. Before
referring a matter to the head of
jurisdiction or the Conduct Division,
the Commission provides the judicial
officer with an opportunity to respond
to the complaint and to present
additional information that may assist
the Commission in its investigation
into the matter.
8. Summary dismissal
8.1 A complaint must be summarily
dismissed if one or more of the
grounds under section 20(1) of the
Act exist, whether or not it appears
to be substantiated. These grounds
are:
• the complaint is one that the
Commission is required not to
deal with
• the complaint is frivolous,
vexatious or not in good faith
• the subject matter of the
complaint is trivial
• the matter complained about
occurred at too remote a time to
justify further consideration
• the complaint is about a judicial
decision, or other judicial
function, that is or was subject to
a right of appeal or right to apply
for judicial review
• the person who is the subject
of the complaint is no longer a
judicial officer, or
• in all the circumstances further
consideration of the complaint is
unnecessary or unjustifiable.
8.2 Where a complaint is summarily
dismissed the Commission will,
as soon as practicable after its
determination is made, inform the
complainant in writing and provide the
reasons for dismissing the complaint.
This will include a reference to the
relevant provisions of the legislation
that have been applied in the handling
and determination of the complaint.
The judicial officer will also be advised
in writing of the Commission’s
determination.
8.3 Many of the complaints that are
dismissed by the Commission,
because they disclose no
misconduct, are nonetheless helpful
in the improvement of the judicial
system. The feedback from the
examination of complaints has
provided valuable information for
the further development of judicial
education programs conducted by
the Commission.
8.4 The Commission may declare a person
to be a vexatious complainant, if the
person habitually and persistently,
and mischievously or without
any reasonable grounds, makes
complaints. This section applies
whether the complaints are about the
same or different judicial officers.
The Commission may disregard any
complaint made by the person while
the declaration is in force.
9. Reference to a head of
jurisdiction
9.1 Where a complaint has not been
dismissed following the preliminary
examination by the Commission,
but in its opinion it does not justify
reference to the Conduct Division,
the Commission may refer the matter
to the relevant head of jurisdiction.
9.2 The Commission will notify the
head of jurisdiction in writing of its
decision and will formally refer the
matter, including all relevant material,
for attention.
9.3 In referring a complaint to the head
of jurisdiction the Commission may
include recommendations as to what
steps might be taken to deal with the
complaint, such as counselling by
the head of jurisdiction.
9.4 Where a complaint is referred to
the relevant head of jurisdiction
the Commission will, as soon as
practicable after the decision is
made, advise the complainant and
judicial officer of the action taken.
10. Reference to the Conduct
Division
10.1 Where a complaint has not been
dismissed following the preliminary
examination by the Commission, and
has not been referred to the head of
jurisdiction, it must be referred to the
Conduct Division.
10.2 The function of a Conduct Division is
to examine and deal with a particular
complaint that has been referred to it
by the Commission.
Appendix 1 — Complaints against judicial officers: guidelines 117

Appendices
Appendix 1: Complaints against judicial officers: guidelines continued
10.3 A Conduct Division is constituted
by a panel of two judicial officers
(one of whom may be a retired
judicial officer) and one of the
two community representatives
nominated by Parliament. The
membership of the Conduct
Division will be determined by the
Commission. The Commission will
also appoint one member of the
Conduct Division as Chairperson.
10.4 Where a complaint is referred to the
Conduct Division the Commission
will, as soon as practicable after
the decision is made, advise the
complainant and the judicial officer
of the action taken. The Commission
will also advise the Attorney General
of its decision and, in each case,
request the appointment of a legal
practitioner or practitioners to assist
the Conduct Division as counsel.
11. Examination of a complaint by
the Conduct Division
11.1 The Conduct Division must conduct
an examination of the complaint
referred to it (section 23).
11.2 In conducting the initial examination
or investigation of a complaint
referred to it by the Commission the
legislation requires that, as far as
practicable, this will take place in
private (section 23(3)).
11.3 Meetings of the Conduct Division
The initial examination of a complaint
will involve the members of the
Conduct Division and may include
counsel assisting in its meetings. As
part of this initial process a venue and
timetable for the investigation will be
determined.
11.4 Preliminary matters
Preliminary matters necessary prior
to the commencement of a hearing,
including:
• interviewing the complainant and
other potential witnesses
• taking statements
• gathering documents and other
material, and
• preparing a brief of evidence,
will be undertaken by counsel
assisting the Division. This will be
under the direction of the Division.
11.5 Medical or psychological examination
Where the Conduct Division is of the
opinion that a judicial officer about
whom a complaint has been made
may be physically or mentally unfit to
exercise efficiently the functions of a
judicial office, it may request the officer
to undergo a medical or psychological
examination (section 34).
12. Hearings by the Conduct Division
12.1 The legislation provides that the
Conduct Division may hold hearings
in relation to a complaint and that a
hearing may be held in public or in
private, as the Conduct Division may
determine (section 24(2)).
12.2 Release of information
The Conduct Division has power to
give directions preventing the public
disclosure of evidence given at its
hearings (section 36(1)).
12.3 Royal Commissions Act 1923
The function of the Conduct
Division is to inquire further into the
complaint about the judicial officer.
In doing so the Conduct Division
has the functions, protections
and immunities conferred by the
Royal Commissions Act 1923 on
commissioners appointed under that
Act. The Royal Commissions Act
applies to any witness summoned
by or appearing before the Conduct
Division.
13. Reports of the Conduct Division
13.1 Report to Governor and others
If the Division has formed an
opinion that the matter could justify
parliamentary consideration of
the removal of the judicial officer
complained about from office, it
must present to the Governor a
report setting out its findings of
fact and that opinion. A copy of the
report must also be furnished to the
Commission, the Attorney General
and to the complainant. The copy
to the complainant is provided only
after it has been laid before each
House of Parliament.
13.2 Report to the head of jurisdiction
If the Division forms an opinion
that the matter is wholly or partly
substantiated but does not justify
parliamentary consideration of
the removal of the judicial officer
complained about from office, it
must send a report to the relevant
head of jurisdiction setting out its
conclusions. The report may also
include recommendations as to what
steps might be taken to deal with
the complaint. A copy of this report
is also provided to the judicial officer
and the Commission.
14. Annual Report
The Judicial Officers Act 1986
requires that certain information,
including statistics and information
about complaints disposed of during
the year, be reported to Parliament.
This information appears in the
Annual Report of the Commission.
The Report is available in hard copy
from the Commission or can be found
on its website (www.judcom.nsw.
gov.au).
118 Judicial Commission of NSW Annual Report 2010–11

Appendix 2
Conduct Division: guidelines for examination of complaints
1. Introduction
These guidelines have been
formulated by the Judicial
Commission to assist a Conduct
Division in the exercise of its function
in the examination of complaints
against judicial officers.
The Conduct Division is not a
standing body but is appointed by
the Judicial Commission when a
particular complaint or reference
under Part 6A of the Act is referred to
it for examination.
The relevant provisions of the
legislation relating to the Conduct
Division are contained in Division 3
of Part 6 and Part 6A of the Judicial
Officers Act 1986. These include:
(a) the constitution of a Conduct
Division
(b) the examination of complaints
(c) hearings by the Conduct Division
(d) powers of the Conduct Division,
and
(e) reports.
2. Referral of complaints to the
Conduct Division
2.1 Following the preliminary
examination of a complaint by the
Judicial Commission, if the complaint
is not summarily dismissed under
one or more of the grounds under
section 20(1) of the Act, the
Commission may either refer the
complaint to the relevant head of
jurisdiction (section 21(2)) or refer the
matter to a Conduct Division.
2.2 The function of a Conduct Division
is to examine and investigate a
particular complaint that has been
referred to it by the Commission.
2.3 A Conduct Division is constituted
by a panel of two judicial officers
(one of whom may be a retired
judicial officer) and one of the
two community representatives
nominated by Parliament. The
membership of the Conduct
Division will be determined by the
Commission. The Commission will
also appoint one member of the
Conduct Division as Chairperson.
2.4 A formal instrument of delegation
appointing a Conduct Division
(including the Chairperson) will be
executed by the members of the
Commission.
2.5 Where a complaint is referred to a
Conduct Division the Commission
will, as soon as practicable after
that decision is made, advise the
complainant and the judicial officer
of the action taken. The Commission
will also advise the Attorney General
of its decision and, in each case,
request the appointment of a legal
practitioner or practitioners to assist
the Conduct Division as counsel.
3. Referrals under Part 6A —
Suspected impairment of judicial
officers
The Conduct Division has the
same functions in relation to the
examination of a matter referred to
it under Part 6A of the Act as it has
in relation to the examination of a
complaint (section 39F(2)).
4. Examination of complaint by the
Conduct Division
4.1 The Conduct Division must conduct
an examination of the complaint
referred to it (section 23).
4.2 In conducting the initial examination
or investigation of a complaint
referred to it by the Commission the
legislation requires, that as far as
practicable, this will take place in
private (section 23(3)).
4.3 Meetings of the Conduct Division
The initial examination of a complaint
will involve the members of the
Conduct Division and may include
counsel assisting in its meetings. As
part of this initial process a venue and
timetable for the investigation will be
determined.
4.4 Minutes
The legislation requires that the
Conduct Division will keep full and
accurate minutes of the proceedings
of each meeting of the Division
(clause 5, Schedule 3, Judicial
Officers Act 1986).
4.5 Preliminary matters
Preliminary matters necessary prior
to the commencement of a hearing,
including:
• interviewing the complainant and
other potential witnesses
• taking statements
• gathering documents and other
material, and
• preparing a brief of evidence,
will be undertaken by counsel
assisting the Division. This will be
under the direction of the Division.
4.6 Medical or psychological examination
Where the Conduct Division is of the
opinion that a judicial officer about
whom a complaint has been made
may be physically or mentally unfit to
exercise efficiently the functions of a
judicial officer, it may request the officer
to undergo a medical or psychological
examination (section 34).
5. Hearings by the Conduct Division
The legislation provides that the
Conduct Division may hold hearings
in relation to a complaint and that a
hearing may be held in public or in
private, as the Conduct Division may
determine (section 24(2)).
5.1 Public or private hearings
If the Conduct Division decides to
conduct hearings into a complaint, it
has to consider whether the hearings
should be held in public or private or
both.
In exercising its discretion in relation
to hearings and as to whether
hearings should be held in public
or in private or partly in public and
partly in private, the main criteria the
Division should consider include:
(a) is it in the public interest to hold
the hearing or part of the hearing
in public or in private?
(b) does the type of allegation
under consideration (eg ability,
behaviour, delay, impairment)
require confidential treatment?
(c) is it desirable, because of the
confidential nature of any evidence
or matter, to hold a hearing or part
of a hearing in private?
Appendix 2 — Conduct division: guidelines for examination of complaints 119

Appendices
Appendix 2: Conduct Division: guidelines for examination of complaints continued
(d) is there a need to protect a
person who provides information
to the Conduct Division as part of
its investigation?
(e) would public confidence in the
authority of the judiciary be
undermined by a public or private
hearing?
(f) is it necessary to close a hearing
to protect the reputation of a
judicial officer from untested or
unverified evidence?
5.2 Persons who may be present at
private hearings
If a hearing or part of a hearing is to
take place in private, the Conduct
Division may determine the persons
who may be present. As a general
guide these may include:
(a) the judicial officer complained
about
(b) the legal representatives of the
judicial officer
(c) counsel assisting the Conduct
Division
(d) support staff assisting the
Conduct Division
(e) any person referred to in
section 24(6)(b) and their legal
representatives, and
(f) witnesses including expert
witnesses.
5.3 Release of information
The Conduct Division has power to
give directions preventing the public
disclosure of evidence given at its
hearings (section 36(1)).
5.4 Royal Commissions Act 1923
The function of the Conduct
Division is to inquire further into the
complaint about the judicial officer.
In doing so the Conduct Division
has the functions, protections
and immunities conferred by the
Royal Commissions Act 1923 on
commissioners appointed under that
Act. The Royal Commissions Act
applies to any witness summoned
by or appearing before the Conduct
Division.
5.5 Record of proceedings
A transcript of proceedings should
be made and kept whenever the
Conduct Division meets as a body
to receive evidence, hear testimony,
or hear the arguments of counsel
regarding matters before the Division.
6. Legal representation before the
Conduct Division
6.1 The Attorney General will appoint a
legal practitioner or practitioners to
assist the Conduct Division and to
present the case against the judicial
officer. This assistance is provided
by senior and junior counsel and a
solicitor (usually the Crown Solicitor).
6.2 The judicial officer being complained
about will in most instances appear
at the hearing and be represented
by senior and junior counsel and
a solicitor. Funding of the legal
representation is subject to approval
by the Attorney General.
6.3 The Conduct Division may also
give permission for other people
including a complainant to appear
at the hearing and have legal
representation.
6.4 The right to legal representation for
persons appearing at a hearing of
the Conduct Division is a matter
for the discretion of the Division.
Consistent with procedural fairness,
the Commission is of the view, that
as a general guide and wherever it
is practicable to do so, the Conduct
Division should consent to legal
representation for persons appearing
at its hearings.
6.5 In exercising its discretion to consent
to legal representation, the main
criteria the Division should consider
include:
a) is the witness incapable of
representing him or herself?
b) is the matter likely to affect an
individual’s rights or interest?
c) would the granting of
representation enhance the
fairness of the proceedings?
d) would the proceedings be
conducted with more efficiency
and expedition if representation
were or were not granted?
e) would the cost of the Inquiry be
reduced if representation were
granted?
7. Reports
7.1 Report to Governor and others
If the Division has formed an
opinion that the matter could justify
parliamentary consideration of
the removal of the judicial officer
complained about from office, it
must present to the Governor a
report setting out its findings of
fact and that opinion. A copy of the
report must also be furnished to the
Commission, the Attorney General
and the complainant. The copy to the
complainant is provided only after it
has been laid before each House of
Parliament.
7.2 Report to the head of jurisdiction
If the Division forms an opinion
that the matter is wholly or partly
substantiated but does not justify
parliamentary consideration of
the removal of the judicial officer
complained about from office, it
must send a report to the relevant
head of jurisdiction setting out its
conclusions. The report may also
include recommendations as to what
steps might be taken to deal with
the complaint. A copy of this report
is also provided to the judicial officer
and the Commission.
120 Judicial Commission of NSW Annual Report 2010–11

Appendix 3
Continuing judicial education policy
Guiding principles
Pursuant to section 9(1) of the Judicial
Officers Act 1986 the Judicial Commission
may organise and supervise an appropriate
scheme for the induction, orientation
and continuing education and training of
judicial officers. The purpose of continuing
professional development for judicial officers
is to:
• enhance their professional expertise
• facilitate development of their judicial
knowledge and skills, and
• promote the pursuit of juristic
excellence.
National standard for judicial professional
development
A national standard or benchmark for the
amount of time that should be available for
each member of the Australian judiciary
for professional development has been
developed by the National Judicial College
of Australia and endorsed by the Council
of Chief Justices of Australia, chief judges,
chief magistrates, the Judicial Conference
of Australia, the Association of Australian
Magistrates, and judicial education bodies
throughout Australia:
The standard, which was reviewed in late
2010, is that each judicial officer should
be able to spend at least five days each
calendar year participating in professional
development activities relating to the
judicial officer’s responsibilities.
This standard need not be met in each
year but can be met on the basis of
professional development activities
engaged in over a period of three years.
This standard can be met, in part, by
self-directed professional development.
Judicial officers should be released
from court duties to enable them to
meet this standard. However, judicial
officers should commit some private
time to meet the standard.
Services
The Commission is sensitive to the need
to provide a range of education services to
meet the differing needs of each court and
individual judicial officers.
The scheme of continuing judicial
education should be structured to be
of benefit to all judicial officers in each
jurisdiction and to address the differing
needs of judicial officers throughout the
duration of their careers.
Specifically, the education program should
apply the Commission’s resources in the
most effective delivery of services defined by
content (law, procedure, management and
administration, and judicial skills) and level
of application (induction, update, experience
exchange, specialisation and refresher).
These services may include:
1. inducting new appointees with
comprehensive training and orientation
2. updating all judicial officers on
important recent changes in law,
procedure and practice
3. producing bench books for each court,
with a process for regular updating
4. publishing the Judicial Officers’ Bulletin
on a regular basis to inform judicial
officers of current law and to promote
the consideration of important judicial
issues
5. promoting the development of an
improved scheme for indexing and
accessing important judgments
6. facilitating continuing judicial education
through the exchange of experience and
discussion of topical issues, convening
meetings and discussion groups, and
publishing articles and other papers
7. providing refresher services to meet the
needs of judicial officers
8. providing special education services
to meet the needs of isolated judicial
officers both in the suburbs and
country, and on circuit/rotation;
specifically relating to improved access
to legal information
9. promoting the supply of computer
support facilities and supplying
appropriate training
10. providing an extended range of
education services for the assistance
of judicial officers, including
interdisciplinary and extra-legal
courses, where appropriate. The
delivery of this scheme should
integrate conference, publication and
computer support services, in order to
facilitate the access to and the use of
education services in an effective and
convenient manner for judicial officers
11. promoting and conducting the research
and development of educational
practices to enhance the effectiveness
of continuing judicial education.
Roles and responsibilities
The Judicial Commission has ultimate
responsibility to define its policy and
strategies in relation to the provision of the
above-mentioned services and to determine
the direction and the priority of all activity
undertaken in the name of the Commission.
The Standing Advisory Committee on
Judicial Education (which comprises the
chairpersons of the Education Committees
of each of the State’s courts, or their
representatives) has responsibility to
advise the Commission on matters of
continuing judicial education, to implement
Commission policy and strategy and,
where appropriate and as requested, to
co-ordinate the activities of the respective
Education Committees of each court.
The Education Committees of each court,
subject to the head of jurisdiction, shall
have responsibility to develop and manage
the program of educational activities
conducted by each court.
The staff of the Commission have the
responsibility to advise and assist each
of the above bodies, and to act on their
instruction to administer and implement the
continuing judicial education program.
Evaluation
The Commission will evaluate the
effectiveness of its program of continuing
judicial education activities in order to:
• ensure that it provides useful assistance
and benefits to judicial officers in the
performance of judicial duties, and
• provide feedback to presenters to
ensure their sessions meet the needs
of judicial officers.
Feedback from judicial officers based on
specified learning objectives is desirable for
each educational activity. Input requested
will include:
• whether or not the learning objectives
are met
• the program’s usefulness and
relevance
• the appropriateness of the content of
sessions and materials
• the delivery
• suggest improvements for future
programs, and
• suggestions for themes or topics for
future activities relevant to judicial
officers.
Appendix 3 — Continuing judicial education policy 121

Appendices
Appendix 4
Committees
Education Committees
Education Committees for each court meet
on a regular basis to discuss:
• content and design of judicial
education programs
• evaluation results of judicial education
programs, and
• recommendations for change.
The Standing Advisory Committee
on Judicial Education comprises the
chairpersons of the Education Committees
of each of the State’s courts or their
representatives. It advises the Commission
on matters of continuing judicial education,
implements Commission policy and
strategy, and, where appropriate and as
requested, co-ordinates the activities of the
Education Committees.
The Education Director, Ms Ruth Windeler,
convenes Education Committee and
Standing Advisory Committee meetings,
and provides professional input to the
committees.
Standing Advisory Committee on
Judicial Education
• The Honourable Justice Basten, Court
of Appeal, Supreme Court (Chair)
• The Honourable Justice Walton,
Industrial Relations Commission
• The Honourable Justice Biscoe, Land
and Environment Court
• His Honour Judge Nicholson SC,
District Court
• Her Honour Deputy Chief Magistrate
Mottley, Local Court (until July 2010)
• Her Honour Deputy Chief Magistrate
Culver, Local Court (from July 2010)
• Ms R Windeler (Convenor)
Supreme Court Education Committee
• The Honourable Justice Basten (Chair)
• The Honourable Justice Campbell
• The Honourable Justice Nicholas
• The Honourable Justice Hislop
• The Honourable Justice Hoeben AM
RFD (Acting Chair, October 2010 –
March 2011)
• The Honourable Justice Johnson
• The Honourable Justice Harrison
• The Honourable Justice Fullerton
• The Honourable Justice Schmidt
• The Honourable Justice Garling RFD
(from December 2010)
• Ms M Greenwood, Chief Executive
Officer, Supreme Court (until
September 2010)
• Mr P McKnight, Acting Chief Executive
Officer, Supreme Court (from
December 2010 – April 2011)
• Ms L Murphy, Chief Executive Officer
and Principal Registrar (from May 2011)
• Ms R Windeler (Convenor)
Industrial Relations Commission
Education Committee
• The Honourable Justice Kavanagh (Chair)
• The Honourable Justice Haylen
• Commissioner P Connor
• Commissioner I Tabbaa (from August
2010)
• Mr M Grimson, Industrial Registrar,
Industrial Relations Commission
• Ms R Windeler (Convenor)
Land and Environment Court Education
Committee
• The Honourable Justice Pain
• The Honourable Justice Biscoe (Chair)
• Commissioner L Pearson
• Ms J Gray, Registrar, Land and
Environment Court
• Ms R Windeler, (Convenor)
District Court Education Committee
• His Honour Judge Taylor AM RFD
(Chair until August 2010)
• Her Honour Judge Sidis
• Her Honour Judge Ashford (Chair from
August 2010)
• His Honour Judge Woods QC
• His Honour Judge Nicholson SC
• Her Honour Judge Hock (from January
2011)
• His Honour Judge Berman SC (from
January 2011)
• Her Honour Judge Sweeney (until
January 2011)
• His Honour Judge Zahra SC
• His Honour Judge Cogswell SC (until
January 2011)
• His Honour Judge Lakatos SC
• His Honour Judge Elkaim SC
• His Honour Judge Colefax SC (until
January 2011 )
• Her Honour Judge Wells SC (from
January 2011)
• Mr C Smith, Judicial Registrar
• Ms R Windeler, (Convenor)
Local Court Education Committee
• Her Honour Deputy Chief Magistrate
Mottley (Chair until July 2010)
• Her Honour Deputy Chief Magistrate
Culver (Chair from July 2010)
• Magistrate Dr Brown (from April 2011)
• Magistrate Dunlevy (from April 2011)
• Her Honour Magistrate Fleming (until
February 2011)
• Her Honour Magistrate Freund
• His Honour Magistrate Guy
• His Honour Magistrate Heilpern
• Her Honour Magistrate Huber
• His Honour Magistrate Lerve
• His Honour Magistrate Prowse (until
November 2010)
• Her Honour Magistrate Schurr
• Ms A Passe De Silva, Policy Officer
• Ms R Windeler, (Convenor)
Ngara Yura Committee
• The Honourable Justice Rothman AM
(from July 2010)
• His Honour Judge Norrish QC (Chair)
• His Honour Judge Nicholson SC
• Her Honour Deputy Chief Magistrate
Mottley
• His Honour Magistrate Dick
• Her Honour Magistrate Hannam (until
July 2010)
• Mr T Chenery, Area Director, Greater
Southern Sydney, Riverina, South East,
Family Records, Aboriginal Affairs
• Ms M Davis, Director, Indigenous Law
Centre
• Mr E Schmatt PSM, Chief Executive,
Judicial Commission of NSW
• Ms R Windeler, (Convenor)
• Mrs T Wright, Aboriginal Project Officer,
Judicial Commission of NSW
122 Judicial Commission of NSW Annual Report 2010–11

Bench Book Committees
The day-to-day work of revising the content
of bench books is delegated to individual
Bench Book Committees, acting on behalf
of the Commission.
Criminal Trial Courts Bench Book
Committee
• The Honourable Acting Justice Howie
(Chair)
• The Honourable Justice Johnson
• His Honour Judge Berman SC (until
16 December 2010)
• The Honourable Justice Hulme SC
• His Honour Judge Lakatos SC
• Mr H Donnelly (Convenor)
Civil Trials Bench Book Committee
• The Honourable James Wood AO QC
(Chair)
• The Honourable Michael Campbell QC
• The Honourable Justice Hoeben AM RFD
• The Honourable Justice Hislop
• His Honour Judge Johnstone
• His Honour Judge Elkaim SC
• His Honour Magistrate Heilpern (until
1 November 2010)
• The Honourable David Hunt AO QC
• Mr E Schmatt PSM
• Ms R Windeler
• Ms F Findlay (Convenor until
1 December 2010)
• Ms Antonia Lomny (Convenor from
9 March 2011)
Local Courts Bench Book Committee
• Her Honour Deputy Chief Magistrate
Mottley (Chair until July 2011)
• Her Honour Deputy Chief Magistrate
Culver (Chair from 26 July 2011)
• His Honour Magistrate Heilpern (until
1 November 2010)
• Her Honour Magistrate Freund (until
14 February 2011)
• Ms Alison Passe-de Silva, Policy
Officer, Chief Magistrate’s Office (from
13 September 2010)
• Ms Roslyn Cook (Convenor)
Equality before the Law Bench Book
Committee
• The Honourable Justice Beazley AO
(Chair)
• The Honourable Justice Basten
• The Honourable Justice Rothman AM
• His Honour Judge Norrish QC
• Dr M Dodson AM
• Dr J Cashmore AO
• Mr E Schmatt PSM
• Ms R Windeler
• Ms K Lumley (Convenor)
Sexual Assault Handbook Committee
• His Honour Judge Ellis (Chair)
• His Honour Judge Knox SC
• Ms R Windeler
• Ms K Lumley (Convenor)
Audit and Risk Management Committee
• Mr Peter Whitehead BA LLB TEP,
appointed 5 August 2008, renewed
1 July 2009 for two years. Mr Whitehead
is the National Manager, Fiduciary
Solutions, Perpetual and until 30 June
2009, was the NSW Public Trustee.
• Mr Alex Smith AM, appointed
1 December 2009 for two years,
is the former Deputy Director General,
Department of Premier and Cabinet,
NSW. Mr Smith has had 40 years’
experience in the NSW public sector
having held senior positions in the
Department of Premier and Cabinet
and the Department of Land and Water
Conservation.
• Mr Murali Sagi PSM, Director,
Information Management and
Corporate Services, Judicial
Commission. Mr Sagi’s qualifications
and biography are found on p 80.
Appendix 5
Conference topics
Annual Conferences
Supreme Court Annual Conference,
August 2010
• “Keynote Address: Public Service and
Private Law”, The Right Honourable
Lord Hoffmann
• “Appellate Jurisdictions of the Court”,
The Honourable Murray Gleeson AC QC
• “Developments in Criminal Trials”, The
Honourable Justice Robert A Hulme
• “Developments in Equity: Easing into
Easements”, Emeritus Professor Peter
Butt, Sydney Law School, University
of Sydney
• “The Expert Debate: Setting the Limits
on the Use of Expert Evidence”, The
Right Honourable Sir Brian Leveson,
Lord Justice of Appeal
• “Regulating Banker Excess – An
International Perspective”, Professor
John Armour, Hogan Lovells Professor
of Law and Finance, Faculty of Law,
University of Oxford
• “Psychiatric Diseases, Brain Function
and Diminished Responsibility”,
Professor Max Bennett AO, Professor
of Neuroscience, University Chair,
Director Brain and Mind Research
Institute, University of Sydney
• “A Less Taxing Process? Issues in
Costs Assessment”, The Honourable
Justice Paul Brereton AM RFD
• “Development of the Brain”, Professor
Ian Hickie AM, Executive Director,
Brain and Mind Research Institute and
Professor of Psychiatry, University of
Sydney
Industrial Relations Commission
Annual Conference, October 2010
• “Workload and Case Management
Update”, The Honourable Justice
Walton, Vice President
• “Reading Financial Statements: What
to Look For/Unravelling the Mysteries
of Financial Statements”, Mr Matthew
Gwynne, Director – Forensic, Vincents
Chartered Accountants
• “Reliability of DSM-V Measurements
and Protocols”, The Honourable Greg
James QC, President, Mental Health
Review Tribunal, and Professor Philip
Mitchell AM, Scientia Professor and
Head, School of Psychiatry, UNSW
Appendix 5 — Conference topics 123

Appendices
Appendix 5: Conference topics continued
• “Delivering Ex Tempore Judgments”,
The Honourable David Lloyd QC
• “Section 146B Agreements — An
Update”, The Honourable Justice
Walton, Vice President
• “Panels: Workload, Emerging Trends,
Problems”
• “Critical Reasoning: An Introduction”,
Professor Douglas Lind, Professor of
Philosophy and Chair, Department of
Philosophy, University of Idaho, USA
• “Expert Evidence”, The Honourable
Justice Cliff Hoeben AM RFD, Supreme
Court of NSW
• “An Alien Like You”, Professor Fred
Watson AM, Astronomer in Charge
of the Australian Astronomical
Observatory, Coonabarabran
District Court Annual Conference, April
2011
• “Court of Appeal Review:
Administrative Law”, The Honourable
Justice John Basten, Court of Appeal,
Supreme Court of NSW
• “Psychiatric Diseases, Brain Function
and Diminished Responsibility”,
Professor Max Bennett AO, Professor of
Neuroscience, University Chair, Director,
Brain and Mind Research Institute,
University of Sydney
• “Current Issues in Sentencing”, Her
Honour Judge Helen Murrell SC and
His Honour Judge Peter Berman SC
• “Simplifying Sentencing Laws”, The
Honourable Justice Reg Blanch AM,
Chief Judge
• “Are We There Yet? — Using a Question
Trail to Assist the Jury to Reach a
Verdict”, Her Honour Judge Penelope
Hock
• “Aboriginal Youth Diversion Programs”,
Mr Shane Phillips, CEO, Tribal Warrior
Association and Superintendent Luke
Freudenstein, Commander, Redfern
Local Area Command
• “Court of Criminal Appeal Review”, The
Honourable Justice Derek Price AM,
Supreme Court of NSW
• “Insolvent Parties”, Her Honour Judge
Dianne Truss
• “Care Proceedings and Appeals to the
District Court”, His Honour Judge Mark
Marien SC
• “Service of Surveillance Evidence in
Personal Injury Cases”, His Honour
Judge Ross Letherbarrow SC
• “Case Management Post Aon”, Her
Honour Judge Margaret Sidis
• “Child Witnesses”, His Honour
Judge Paul Lakatos SC and Dr Judy
Cashmore AO
• “Reducing Recidivism Rates: What
Works?”, Professor James Ogloff,
Monash University
• “Everything You Wanted to Know but
did not like to Ask”, The Honourable
Justice Reg Blanch AM, His Honour
Judge Ron Solomon, Her Honour
Judge Dianne Truss and His Honour
Judge Martin Blackmore SC
Land and Environment Court Annual
Conference, May 2011
• “Update on Jurisdiction and Practice
and Procedure”, The Honourable
Justice Brian Preston, Chief Judge
• “Practice, Procedure and Evidence in
the Administrative Appeals Tribunal”,
The Honourable Justice Garry Downes
AM, President, Administrative Appeals
Tribunal
• “The Effect of Conditions of
Development Approval on Property
Rights”, The Honourable Justice David
Hodgson AO, NSW Court of Appeal
• “The Impact of Aboriginal Cultural
Heritage Issues on the Land
and Environment Court”, Acting
Commissioner Larissa Behrendt
• “Climate Change and Coastal
Protection”, Professor Zada Lipman,
Emeritus Professor, School of Law,
Macquarie University
• “Practice, Procedure and Evidence in
the Supreme Court Equity Division”,
The Honourable Justice Patricia Bergin,
Chief Judge in Equity, Supreme Court
of NSW
• “Alternative Dispute Resolution in
Merits Matters”, Commissioner
Graham Brown, Commissioner Sue
Morris and Acting Commissioner Craig
Miller
• “Judicial Review: Grounds, Standards
and Intensity of Review or ‘Who is
Miss Behavin?’”, The Honourable
Justice John Basten, Court of Appeal,
Supreme Court of NSW
• “Values in the Law”, The Honourable
Keith Mason AC QC, Visiting
Professorial Fellow, UNSW
• “Criminal Law Update”, The Honourable
Mr Justice Robert S Hulme, Supreme
Court of NSW
• “Why Planning Needs Design”,
Ms Jan McCredie, Manager, Planning
and Environmental Assessment, Worley
Parsons
• “The Land and Environment Court
1985–1997: Reminiscences”, The
Honourable Paul Stein AM QC
Local Court Annual Conference, June
2011
• “Eyewitness Memory and Assessment
of Credibility”, Dr Richard Kemp, Senior
Lecturer in Forensic Psychology, School
of Psychology, University of New South
Wales and Dr Helen Paterson, Lecturer
in Forensic Psychology, School of
Psychology, University of Sydney
• “Ethics”, Dr Peter Melser, Manager,
Ethics Services, St James Ethics Centre
• “Criminal Law Update”, The
Honourable Justice Robert A Hulme,
Supreme Court of NSW
• “Chief Magistrate’s Address”, His Honour
Judge Graeme Henson, Chief Magistrate
• “Attorney General’s Address”, The
Honourable Gregory Smith SC MP,
Attorney General and Minister for Justice
• “Civil Law Update”, Her Honour Judge
Margaret Sidis, District Court of NSW
• “The Young Brain”, Dr Andrew Chanen,
Senior Lecturer, Orygen Youth
Health Research Centre, University
of Melbourne and Consultant
Psychologist and Associate Medical
Director, Orygen Centre for Youth
Mental Health, Northwestern Mental
Health
• “ The Ageing Brain — Part A: Ageing
and Offending”, Dr Sharon Reutens,
Lecturer (Conjoint), School of
Psychiatry, UNSW
• “The Ageing Brain — Part B: Healthy
Ageing in Magistrates”, Associate
Professor Carmelle Peisah, School of
Psychiatry, UNSW
• “Family Law”, The Honourable Justice
Jan Stevenson, Family Court of
Australia
124 Judicial Commission of NSW Annual Report 2010–11

• “The Parole Authority”, Mr Ian Pike
AM, Chairperson, NSW State Parole
Authority
• “Tackling Depression”, Dr Robert
Fisher, Head of Department of
Psychiatry and Psychological Services,
St Vincent’s Private Hospital;
Mrs Marie Jepson, Director, Tristan
Jepson Memorial Foundation; and
Ms Penny Johnston, Director, Care and
Assistance, BarCare
• “Stress Management and OH&S
Issues”, Ms Jenny Kerr, Director,
Incorporating Ergonomics
• “Open Forum”, His Honour Judge
Graeme Henson, Chief Magistrate;
Her Honour Deputy Chief Magistrate
Jane Mottley; and Her Honour Deputy
Chief Magistrate Jane Culver
OTHER CONFERENCES
Youth, Drug and Alcohol Court
Conference, July 2010
• “Drug Use by Young People: Fact
and Fiction”, Mr Paul Dillon, Drug and
Alcohol Research and Training Australia
• “Rehabilitation Programs for
Adolescents: What Works?”, Dr Alex
Wodak AM, Director, Alcohol and Drug
Service, St Vincent’s Hospital
• “The Court’s Inception and
Development”, Her Honour Magistrate
Hilary Hannam
• “Roles of Community Service Funded
Case Support Workers in YDAC”,
Ms Nicky Weynen, Senior Project
Officer, Community Services
• “Music Programs for YDAC
participants”, short film by freelance
filmmaker Ms Hannah Bent
• “Diversionary Programs for Responding
to Substance Abuse in Indigenous
Communities”, Mr Matthew Willis,
Research Analyst, Australian Institute
of Criminology
Australasian Conference of Planning
and Environment Courts and Tribunals,
August 2010
• “Keynote address”, The Honourable JJ
Spigelman AC, Chief Justice of NSW
• “Human Rights and the Environment”,
The Honourable Catherine Branson QC,
President, Australian Human Rights
Commission; The Honourable Justice
Kevin Bell, Judge of the Supreme
Court of Victoria; and The Honourable
Justice Hima Kohli, High Court of Delhi.
Commentary by The Honourable Murray
Wilcox AO QC, Chair, Environmental
Defender’s Office of NSW
• “Ethics and the Environment”,
Dr Simon Longstaff, Executive Director
of St James Ethics Centre, Sydney; The
Honourable Keith Mason AC QC, Visiting
Professorial Fellow, University of NSW;
and The Honourable Jerrold Cripps QC
• “The Internationalisation of
Environmental Law”, Mr Donald Kaniaru,
Chairman, National Environment
Tribunal of Kenya; Professor Vladimir
Passos de Freitas; Mr Michael Gottheil,
Executive Chair, Environment and Land
Tribunals, Ontario; The Honourable
Justice Hima Kohli, High Court of
Delhi; The Honourable Professor Dr
Paulus Lotulung, Deputy Chief Justice,
Supreme Court of the Republic of
Indonesia; The Honourable Justice
Diosdado M Peralta, Supreme Court
of the Philippines; Justice Angkana
Sinkaseam, Supreme Court of
Thailand, Environmental Division; and
The Honourable Merideth Wright,
Environmental Judge, Vermont
Environmental Court, USA
• “Creating and Improving Environmental
Courts and Tribunals”, Professor
George Pring, Professor of Law,
University of Denver, Sturm College of
Law, Colorado, USA; and Mrs Catherine
Pring, mediator and author
• “Jurisdiction, Structure and Civil
Practice and Procedure: New
Zealand, Queensland, Victoria and
Tasmania”, His Honour Judge Michael
Rackemann, Planning and Environment
Court of Queensland; His Honour
Judge Craig Thompson, Principal
Environment Judge, Environment Court
of New Zealand; Ms Helen Gibson,
Deputy President, Planning and
Environment List, Victorian Civil and
Administrative Tribunal; and
Mr Simon Cooper, Chairman, Resource
Management and Planning Appeals
Tribunal, Tasmania
• “Jurisdiction, Structure and Civil Practice
and Procedure: South Australia, Western
Australia and NSW”, Her Honour Judge
Christine Trenorden, Environment,
Resources and Development Court of
SA; The Honourable Justice Peter Biscoe,
Land and Environment Court of NSW;
and Senior Member David Parry,
Head, Development and Resources
Stream, State Administrative Tribunal of
WA
• “Criminal Trial Case Management:
Recent Developments in NSW”, The
Honourable Justice Megan Latham,
Supreme Court of NSW
• “Planning Principles and Precedents in
Merits Review”, Commissioner Linda
Pearson, Land and Environment Court
of NSW; Mr Laurie Hewet and
Ms Jeanette Rickards, Victorian Civil
and Administrative Tribunal
• “Jurisdiction, Structure and Civil Practice
and Procedure in Overseas Courts and
Tribunals”, The Honourable Merideth
Wright, Environmental Judge, Vermont
Environmental Court, USA; Professor
Vladimir Passos de Freitas; Mr Michael
Gottheil, Chair, Environment and Land
Tribunals, Ontario; The Honourable
Justice Kailash Gambhir, High Court of
Delhi, India; The Honourable Professor
Dr Paulus Lotulung, Deputy Chief
Justice, Supreme Court of the Republic
of Indonesia; Her Honour Judge Andriani
Nurdin, High Court of Palembang;
Mr Donald Kaniaru, Chairman, National
Environment Tribunal of Kenya; The
Honourable Justice Diosdado M Peralta,
Supreme Court of the Philippines;
and The Honourable Justice Winai
Ruangsri, Supreme Court of Thailand,
Environmental Division
• “Climate Change”, Professor Andy
Pitman, Co-director, Climate Change
Research Centre, University of NSW
and Mr Evan Jones, Chair, Centre
for the Built Environment and Health
Advisory Board, University of WA
• “The Regulation of Harm against the
Environment”, Professor Arie Freiberg
AM, Dean of the Faculty of Law,
Monash University
• “Judicial Review in Environmental
Proceedings”, Mr Mark Robinson,
Barrister
• “Planning for Bushfires”, Ms Rachel
Naylor and Mr Ian Potts, Members,
Planning and Environment List,
Victorian Civil and Administrative
Tribunal
Appendix 5 — Conference topics 125

Appendices
Appendix 5: Conference topics continued
• “Alternative Dispute Resolution”, The
Honourable Justice Terry Sheahan
AO, Land and Environment Court of
NSW; Senior Member David Parry,
Head, Development and Resources
Stream, State Administrative Tribunal
of WA; His Honour Judge Michael
Rackemann, Planning and Environment
Court of Queensland; Commissioner
Ross Dunlop, Environment Court of
New Zealand; and Commissioner John
Hodgson, Environment, Resources and
Development Court of SA.
Local Court Southern and Northern
Regional Conferences, March 2011
• “Closed Court and Non-publication
Orders”, Her Honour Magistrate Julie
Huber
• “The New Fraud, Identity and Forgery
Offences”, His Honour Magistrate Ian
Guy
• “Advanced Sentencing Exercises”,
His Honour Magistrate David Heilpern
and His Honour Magistrate Antony
Townsden
• “Fines”, His Honour Magistrate Les
Mabbutt
• “Credibility Rule under the Evidence
Act”, Her Honour Deputy Chief
Magistrate Jane Culver
• “Sexual Assault Offences and Privilege
under the Evidence Act”, Her Honour
Magistrate Alison Viney
• “Intensive Correction Orders – The
Law”, Her Honour Deputy Chief
Magistrate Jane Culver
• “Intensive Correction Orders”,
Ms Margaret Anderson, Director,
Corporate Legislation and
Parliamentary Support, Corrective
Services NSW
• “Mental Health Issues”, His Honour
Magistrate Garry Still
• “RTA Truck Loading Cases”, His
Honour Magistrate Rob Rabbidge
• “Coronial Session”, Her Honour
Magistrate Mary Jerram, State Coroner
and His Honour Magistrate Hugh
Dillon, Deputy State Coroner
• “Recent Developments in Care and
Criminal Jurisdictions of the Children’s
Court”, His Honour Judge Mark Marien
SC, President, Children’s Court of NSW
• “The Hunter Drug Court”, His Honour
Judge Roger Dive, District Court of NSW
(Northern Regional Conference only)
Children’s Court Section 16
Conference, September 2010
• “Wood Reforms to ADR Procedures”,
Ms Rosemary Davidson
• “Programme for Adolescent Life
Management (PALM)”, Mr Ronan
O’Connor and Mr Michael Kirton
• “Interactive Session — Issues in Care
and Crime”
• “Unacceptable Risk of Harm”, The
Honourable Richard Chisholm
• “Youth Justice Conferencing”, Her
Honour Magistrate Jo Keogh and
Ms Jenny Bargen
Children’s Court Section 16
Conference, February 2011
• “The New ADR Model”, Her Honour
Magistrate Sue Duncombe; Ms Nicola
Callander, Senior Children’s Registrar;
and Ms Linda Fisher, Bidura Mediation
Pilot
• “The New ADR Model: Techniques
Used in Court”, His Honour Magistrate
Terry Murphy PSM
• “Recent Developments in Criminal Law
including Bail”, His Honour Magistrate
Paul Mulroney
• “Sentencing Serious Offenders (including
sexual offences, aggravated break
and enters, aggravated robberies and
offenders with long criminal records)”,
Her Honour Magistrate Joan Baptie and
Her Honour Magistrate Jo Keogh
Orientation Programs
National Judicial Orientation Program,
October 2010 (joint program with NJCA
and AIJA)
• “Familiarisation”, Ms Ruth Windeler,
Judicial Commission of NSW
• “Judicial Conduct in and out of Court”,
The Honourable Wayne Martin, Chief
Justice, Supreme Court of Western
Australia and The Honourable Justice
Debra Mullins, Supreme Court of
Queensland
• “Maintaining Psychological and
Physical Health”, His Honour Chief
Judge Michael Rozenes AO QC,
County Court of Victoria; Professor
Trevor Waring AM, Psychologist; and
Ms Karen Inge, Dietitian, Institute of
Health and Fitness, VIC
• “Unconscious Judicial Prejudice”, The
Honourable Keith Mason AC QC
• “Court Room Control and
Communication”, Mr David and
Ms Annie McCubbin, Relationship and
Communication Consultants; and His
Honour Judge Geoff Muecke, District
Court of SA
• “Court Craft — The Trial from Hell”,
The Honourable Justice John Byrne,
Supreme Court of Queensland and
The Honourable Justice Debra Mullins,
Supreme Court of Queensland
• “Judgment Writing”, The Honourable
Justice Linda Dessau AM, Family Court
of Australia and The Honourable Tom
Wodak and
• “Assessing the Credibility of
Witnesses”, Professor Neil Brewer,
Flinders University South Australia,
and The Honourable Justice John
McKechnie, Supreme Court of WA
• “Interpreters”, Mr Paul Hellander, SA
Interpreting and Translating Centre
• “Cultural Barriers in the Court Room”,
Ms Maria Dimopoulos, Myriad
Consultants
• “Litigants in Person”, His Honour Chief
Judge Terry Worthington, District Court
of SA
• “Expert Evidence”, The Honourable
Justice Cliff Hoeben AM RFD, Supreme
Court of NSW
• “Sentencing”, Professor Kate Warner,
University of Tasmania and The
Honourable Justice Terry Buddin,
Supreme Court of NSW
• “Case Management”, The Honourable
Justice Michael Barker, Federal Court
of Australia
National Judicial Orientation Program,
April 2011 (joint program with NJCA
and AIJA)
• “Familiarisation”, Ms Ruth Windeler,
Judicial Commission of NSW
• “Judicial Conduct in and out of Court”,
The Honourable Wayne Martin, Chief
Justice, Supreme Court of Western
Australia, and The Honourable John
Doyle AC, Chief Justice, Supreme
Court of South Australia
126 Judicial Commission of NSW Annual Report 2010–11

• “Maintaining Psychological and
Physical Health”, Chief Judge Michael
Rozenes AO QC, County Court of
Victoria; Professor Trevor Waring AM,
Psychologist, University of Newcastle
NSW; and Ms Karen Inge, Dietician,
Institute of Health and Fitness VIC
• “Unconscious Judicial Prejudice”,
The Honourable Keith Mason AC QC,
Professorial Fellow University of NSW
• “Assessing the Credibility of
Witnesses”, Professor Neil Brewer,
Psychologist, Flinders University, SA
and The Honourable Justice John
McKechnie, Supreme Court of WA
• “Court Craft — The Trial from Hell”, The
Honourable Justice John Byrne and
The Honourable Justice Debra Mullins,
Supreme Court of Queensland
• “Judgment Writing”, The Honourable
Justice Linda Dessau AM, Family Court
of Australia and The Honourable Tom
Wodak
• “Interpreters”, Mr Paul Hellander,
Government Interpreting and
Translating Centre, SA
• “Courtroom Control and
Communication”, Mr David and
Ms Annie McCubbin, Coup
Relationship and Communication
Consultants NSW
• “Litigants in Person”, His Honour Chief
Judge Terry Worthington, District Court
of SA
• “Cultural Barriers in the Courtroom”,
Ms Maria Dimopoulos, Myriad
Consultants, VIC
• “Time Management for Judges”,
Mr Humphrey Armstrong, Australian
Graduate School of Management,
Sydney and The Honourable Justice
Julie Ward, Supreme Court of NSW
• “Sentencing and Discretionary
Judgments”, Professor Arie Freiberg
AM, Dean, Faculty of Law, Monash
University and The Honourable Justice
Terry Buddin, Supreme Court of NSW
Magistrates’ Orientation Program,
November 2010
• “Orientation”, Ms Ruth Windeler
• “Judicial Attributes”, His Honour
Magistrate David Heilpern
• “Boiling the Frog”, Her Honour Deputy
Chief Magistrate Jane Mottley
• “Judicial Attitudes”, His Honour
Magistrate David Heilpern
• “Judicial Practice”, Her Honour Deputy
Chief Magistrate Jane Mottley
• “Self Represented Litigants”, His
Honour Magistrate Ian Guy
• “Sentencing Principles”, Her Honour
Deputy Chief Magistrate Jane Culver
• “Judicial Communication”, Ms Ruth
Windeler
• “Decision Making/Judgments”, His
Honour Magistrate Hugh Dillon
• “Ex Tempore Judgments”, His Honour
Magistrate Hugh Dillon
• “Bail”, Her Honour Deputy Chief
Magistrate Jane Mottley
• “Sentencing Exercise 1”, His Honour
Magistrate David Heilpern
• “Court Craft in Practice”, Her Honour
Deputy Chief Magistrate Jane
Culver and Her Honour Deputy Chief
Magistrate Jane Mottley, His Honour
Magistrate David Heilpern, His Honour
Magistrate Ian Guy and Ms Ruth
Windeler
• “Mutual Observation”, Her Honour
Deputy Chief Magistrate Jane Mottley
• “Commonwealth Sentencing”, His
Honour Magistrate Ian Guy
• “Managing Child Witnesses”, Dr Judy
Cashmore AO
• “Computer Tips and Tricks”, Ms Joy
Blunt
• “Sentencing Exercise 2”, His Honour
Magistrate David Heilpern and His
Honour Magistrate Ian Guy
• “Stress Management”, His Honour
Magistrate David Heilpern
• “Sentencing Exercise 3”, His Honour
Magistrate David Heilpern and His
Honour Magistrate Ian Guy
• “Concluding Remarks”, Her Honour
Deputy Chief Magistrate Jane Mottley
• “Everything You Wanted to Know
but Were Afraid to Ask”, Her Honour
Deputy Chief Magistrate Jane Mottley
Appendix 6
Judicial education seminars, workshops and field trips
Supreme Court Seminar Series
• “Working Effectively with Interpreters in
the Court”, Associate Professor Sandra
Hale, Leader of the Interpreting and
Translation Research Group, University
of Western Sydney, Twilight Seminar,
15 September 2010
Industrial Relations Commission
Seminar Series
• “GREAT — An Overview of the Operation
of the Act”, Acting Commissioner
Mark Oakman, former Chairperson of
GREAT; Ms Elaine Brus; and Ms Patricia
Lowson, Twilight Seminar, 8 July 2010
• “An Overview of Library Services to
Assist Judicial Officers”, Ms Miranda
Ebenezer, Industrial Relations
Commission Librarian; Ms Vanessa
Blackmore, Manager, Client Services,
AGD Law Libraries; and Mr Murali Sagi
PSM, Information Management and
Corporate Services, Twilight Seminar,
2 September 2010
• “JIRS and OH&S”, Mr Murali Sagi
PSM, Judicial Commission of NSW,
Occasional Seminar, 9 May 2011
Land and Environment Court Series
• “Update on Procedural Fairness in
Merits Review Hearings”, Ms Narelle
Bell, Senior Member, Administrative
Appeals Tribunal, Twilight Seminar,
24 August 2010
• “Assessing the Credibility of
Witnesses”, The Honourable Acting
Justice Graham Barr, Twilight Seminar,
26 October 2010
• “Introduction to Online Research”,
Ms Anna Clifton, Librarian, Land and
Environment Court, Twilight Seminar,
16 November 2010
Appendix 6 — Judicial education seminars, workshops and field trips 127

Appendices
Appendix 6: Judicial education seminars, workshops and field trips continued
• “Noise 101”, Mr Louis Challis
AM, Managing Director of Challis
Consulting Pty Ltd, Twilight Seminar,
2 March 2011
• “Biobanking”, Mr Tom Grosskopf,
Director, Landscapes and Ecosystems
Conservation, Office of Environment and
Heritage, Department of Premier and
Cabinet, Twilight Seminar, 13 April 2011
• “Assessing Competing Expert
Evidence”, The Honourable Justice
Peter McClellan AM, Chief Judge at
Common Law, Twilight Seminar,
15 June 2011
District Court Seminar Series
• “Current Issues in Sentencing”, Her
Honour Judge Helen Murrell SC, His
Honour Judge Stephen Norrish QC and
His Honour Judge Peter Berman SC,
Twilight Seminar, 24 November 2010
• “Classification and Placement of
Prisoners”, Mr Terry Halloran, Executive
Director, Offender Case Management
and Classification, Department of
Corrective Services, Twilight Seminar,
8 March 2011
• “Community Justice Project”, Mr Matt
Frize, Team Leader and Ms Natalie
Namone, Director, Community Justice
Program, Office of the Senior Practitioner,
Ageing Disability & Home Care, NSW
Department of Family and Community
Services, Twilight Seminar, 17 May 2001
Local Court
• “Civil Procedure”, their Honours
Magistrates David Heilpern, Graeme
Curran and Sharon Freund, Twilight
Seminar, 25 August 2010
Cross Jurisdictional
• “Classification and Placement of
Prisoners”, Mr Terry Halloran, Executive
Director, Offender Case Management
and Classification, Department of
Corrective Services, Twilight Seminar,
10 August 2010
• “The Uses and Abuses of Expert
Evidence”, The Honourable Justice
Ian Binnie, Supreme Court of Canada,
Twilight Seminar, 18 November 2010
• “Criminal Case Management”, The
Honourable Justice Peter McClellan
AM, Chief Judge at Common Law; The
Honourable Justice Cliff Hoeben AM
RFD; The Honourable Justice Megan
Latham; The Honourable Justice
Robert A Hulme; and The Honourable
Justice Reg Blanch AM, Chief Judge,
Twilight Seminar, 16 June 2011
Ngara Yura program
• “Community Visit: Balund-a, Tabulum
and Lismore”, 26–27 February 2011
• “The Power of Sorry”, Mr Chris
Wheeler, NSW Deputy Ombudsman,
Twilight Seminar, 16 February 2011
Field Trips
• “Field Trip for Judges of the Supreme
Court to NSW Police Service
Telecommunication Interception
Branch and the State Electronic
Evidence Branch”; Commander
Arthur Kopsias, Telecommunications
Interception Branch; Commander
Jeffrey Conly, State Electronic
Evidence Branch; Sergeant Ken
Aldham, Telecommunications
Interception Branch; and Sergeant
Andrew Wilson, State Surveillance
Branch, 24 May 2011
• “Field Trip to the Forensic Hospital,
Malabar”, Ms Julie Babineau, Chief
Executive, Justice Health; Professor
Karin Lines, Executive Director,
Adolescent Health, Drug & Alcohol
and Mental Health Services, NSW
Justice Health; Dr Adrian Keller, Clinical
Director, Forensic Hospital; Dr John
Basson, Statewide Clinical Director,
Forensic Mental Health, NSW Justice
Health; Mr Anderson Miller, General
Manager, Forensic Hospital; and
Ms Kelly Yates, Senior Nurse, Forensic
Hospital, 8 June 2011
Appendix 7
Articles published by the Judicial Commission
• Justice Patricia Bergin and Justice Peter
McClellan AM, “The Civil Procedure
Act 2005 and Uniform Civil Procedure
Rules 2005: have they lived up to
expectations?” (2010) 22 (8) JOB 61
• Justice Ian Binnie, “Wrongful
convictions and the magical aura of
science in the courtroom” (2011) 10 (2)
TJR 141
• Sir Gerard Brennan AC KBE, “Why be a
judge?” (2011) 23 (5) JOB 37
• Mr Nicholas Cowdery AM QC,
“Reflections on the role of the DPP”
(2011) 23 (3) JOB 19
• Criminal Law Review Division,
Department of Justice and Attorney
General, “Commencement of the Crimes
(Sentencing Procedure) Amendment Act
2010” (2011) 23 (2) JOB 11
• The Hon Robert French AC, “Judicial
activism — the boundaries of the
judicial role” (2010) 10 (1) TJR 1
• Associate Professor Sandra Hale, “The
need to raise the bar: court interpreters
as specialised experts” (2011) 10 (2)
TJR 237
• The Hon Acting Justice K R Handley
AO, “Further thoughts on proprietary
estoppel” (2010) 10 (1) TJR 61
• The Hon John Hatzistergos, “Intensive
Correction Orders: a new sentencing
option commences” (2010) 22 (9) JOB 71
• Judge Graeme Henson, “Twenty-five
years of the Local Court of NSW”
(2010) 22 (6) JOB 45
• Justice Peter Johnson, “Admitting
evidence of uncharged sexual acts in
sexual assault proceedings” (2010) 22
(10) JOB 79
• Judicial Commission of NSW, “A
tribute to the Honourable JJ Spigelman
AC QC” (2011) 23 (5) JOB 40
• Mr Bruce Kercher, “Recovering colonial
law reports” (2010) 22 (11) JOB 87
128 Judicial Commission of NSW Annual Report 2010–11

• Lord Justice Brian Leveson, “The
expert debate: setting the limits on the
use of expert evidence” (2011) 10 (2)
TJR 119
• The Hon B R Martin, “Beyond
reasonable doubt” (2010) 10 (1) TJR 83
• The Hon Keith Mason AC QC, “Ethics
and the environment” (2011) 10 (2)
TJR 187
• Lord Neuberger of Abbotsbury,
“Thoughts on the law of equitable
estoppel” (2010) 10 (1) TJR 37
• Judge Stephen Norrish QC and
Ms Ruth Sheard, “A journey to respect”
(2010) 22 (7) JOB 53
• Judge Stephen Norrish QC, “Listening,
learning and leading: the work of the Ngara
Yura Committee” (2011) 23 (1) JOB 1
• Justice Steven Rares, “Using the ‘hot
tub’: how concurrent expert evidence
aids understanding of issues” (2011) 10
(2) TJR 171
• Acting Justice Ronald Sackville
AO, “Access to justice: towards an
integrated approach” (2011) 10 (2) TJR
221
• Justice Monika Schmidt, “Sentencing
corporate offenders: conundrums and
areas of potential law reform” (2011)
10 (2) TJR 201
• Dr Rita Shackel, “Overcoming
misconceptions in the courtroom on
how children disclose sexual abuse”
(2011) 23 (4) JOB 29
• The Hon J J Spigelman AC, “The
centrality of jurisdictional error” (2010)
10 (1) TJR 11
• The Hon M Warren AC, “Should judges
be mediators?” (2010) 10 (1) TJR 69
TJR – The Judicial Review
JOB – Judicial Officers’ Bulletin
Appendix 8
Publications list
Many of the Commission’s publications
are available to download from the
Commission’s website at www.judcom.nsw.
gov.au. All Commission publications can be
purchased through the NSW Government’s
online shop at www.shop.nsw.gov.au.
Education Monographs
1. Fragile Bastion: Judicial independence
in the nineties and beyond, 1997
2. A Matter of Judgment: Judicial
decision-making and judgment writing,
2003
3. The Role of the Judge, 2004
4. Statutory Interpretation: Principles and
pragmatism for a new age, 2007
Research Monographs
1. The use of custodial sentences and
alternatives to custody by New South
Wales magistrates, 1990 (available only
as a photocopy)
2. Community service orders: Views of
organisers in New South Wales, 1991
3. Community service orders and periodic
detention as sentencing options: A
survey of judicial officers in New South
Wales, 1991
4. Sentencing juvenile offenders and the
Sentencing Act 1989 (NSW): The impact
of legislative and administrative changes
in the Children’s Court 1982–1990, 1991
5. A critical review of periodic detention in
New South Wales, 1992
6. Sentencing drug offenders: Analysis of
sentences imposed in the higher courts
of New South Wales, 25 September
1989–31 December 1991, 1992
7. “Special circumstances” under the
Sentencing Act 1989 (NSW), 1993
8. Alcohol as a sentencing factor: A
survey of attitudes of judicial officers,
1994
9. Sentence Indication Hearings Pilot
Scheme, 1994
10. Sentenced homicides in New South
Wales 1990–1993, 1995
11. The evidence of children, 1995
12. Judicial views about pre-sentence
reports, 1995
13. The Sentencing Act 1989 and its effect
on the size of the prison population,
1996
14. Magistrates’ attitudes to drink-driving,
drug-driving and speeding, 1997
15. Child sexual assault, 1997
16. Sentencing disparity and the gender of
juvenile offenders, 1997
17. Sentencing disparity and the ethnicity
of juvenile offenders, 1998
18. Periodic detention revisited, 1998
19. Sentencing drug offenders: Analysis
of sentences imposed in the higher
courts of New South Wales, 1 January
1992–31 December 1997, 1999
20. Apprehended Violence Orders: A
Survey of Magistrates, 1999
21. Sentencing dangerous drivers in New
South Wales: Impact of the Jurisic
guidelines on sentencing practice, 2002
22. Circle sentencing in New South Wales:
A review and evaluation, 2003
23. Sentenced homicides in New South
Wales 1994–2001, 2004
24. MERIT — A survey of magistrates, 2004
25. Sentencing offenders convicted of
child sexual assault, 2004
26. The nexus between sentencing and
rehabilitation in the Children’s Court of
NSW, 2005
27. Crown appeals against sentence, 2005
28. Partial defences to murder in NSW
1990-2004, 2006
29. Full-time imprisonment in NSW and
other jurisdictions: A national and
international comparison, 2007
30. Sentencing robbery offenders since the
Henry guideline judgment, 2007
31. Diverting mentally disordered offenders
in the NSW Local Court, 2008
32. Achieving consistency and
transparency in sentencing for
environmental offences, 2008
33. The impact of the standard nonparole
period sentencing scheme on
sentencing patterns in NSW, 2010
34. Sentencing offenders convicted of
child pornography and child abuse
material offences, 2010
35. Conviction appeals in NSW, 2011
Appendix 8 — Publications list 129

Appendices
Appendix 8: Publications list continued
Sentencing Trends and Issues
1. The Children’s Court, March 1991
2. The impact of truth in sentencing: Part 1,
The higher courts, March 1992
3. The impact of truth in sentencing: Part 2,
The Local Courts, June 1992
4. Sentencing in the Court of Criminal
Appeal, February 1993
5. Common offences in the Local Courts,
March 1994
6. Common offences in the higher courts,
July 1994
7. Sentencing homicide: The effect of
legislative changes on the penalty for
murder, June 1994
8. From Murder to Manslaughter: Partial
defences in NSW — 1900 to 1993,
December, 1994
9. Common Offences in the Children’s
Court, May 1995
10. Sentencing Drink–driving Offenders,
June 1995
11. “Sentenced to the rising of the court”,
January 1996
12. The use of recognizances, May 1996
13. Sentencing deception offenders —
Part 1, The Local Courts, June 1996
14. Sentencing deception offenders —
Part 2, The higher courts, October 1996
15. Driving causing death: Section 52A of
the Crimes Act 1900, May 1997
16. An overview of sentence and
conviction appeals in the New South
Wales Court of Criminal Appeal, March
1998
17. Kidnapping — Section 90A Crimes Act
1900 (NSW), July 1998
18. Common offences in the higher courts
1990–1997, August 1998
19. Sentencing offenders in the Local
Courts — Effects of the Criminal
Procedure (Indictable Offenders) Act
1995, February 2000
20. Sentencing female offenders in New
South Wales, May 2000
21. Protective custody and hardship in
prison, February 2001
22. Conviction and sentence appeals in
the NSW Court of Criminal Appeal
1996–2000, February 2002
23. Sentencing mentally disordered
offenders: The causal link, September
2002
24. Bail: An examination of contemporary
issues, November 2002
25. Sentencing methodology: Two-tiered or
instinctive synthesis?, December 2002
26. Sentencing trends for armed robbery
and robbery in company: The impact
of the guideline in R v Henry, February
2003
27. Sentencing drink-driving offenders in
the NSW Local Courts, March 2003
28. Common offences in the Local Courts
2002, September 2003
29. Suspended sentences in NSW,
November 2003
30. Common offences and the use of
imprisonment in the District and
Supreme Courts in 2002, March 2004
31. The use and limitations of sentencing
statistics, December 2004
32. Pre-sentence custody and other
constraints on liberty, May 2005
33. Successful completion rates for
supervised sentencing options, June
2005
34. Trends in the use of s 12 suspended
sentences, June 2005
35. Impact of the high range PCA guideline
judgment on sentencing drink drivers in
NSW, September 2005
36. Trends in the use of full-time
imprisonment 2006–2007, November
2007
37. Common offences in the NSW Local
Court: 2007, November 2008
38. Sentencing in complicity cases — Part 1:
Joint criminal enterprise, June 2009
39. Sentencing in complicity cases —
Abettors, accessories and other
secondary participants (Part 2),
February 2010
Journals
• Judicial Officers’ Bulletin (Vols 1–23)
• The Judicial Review (Vols 1–10)
Bench Books
• Civil Trials Bench Book
• Criminal Trial Courts Bench Book
• District Court Judges’ Civil Guidelines
• Equality before the Law Bench Book
• Land and Environment Court of NSW
Commissioners’ Handbook (online
only)
• Local Court Bench Book
• Sentencing Bench Book
• Sexual Assault Handbook (online only)
Brochures
• Complaints against judicial officers
• Disabilities information
• From controversy to credibility: 20 years
of the Judicial Commission of NSW
• Judicial Commission of NSW
• Judicial Information Research System
• Judicial Information Research System:
An invitation to subscribe
• Presentation pointers: Getting started
and getting through your presentation
• Pro bono schemes in NSW
DVDs
• The Role of the Judge
• Concurrent evidence: New methods
with experts (also accessible online)
• Circle Sentencing in NSW (also
accessible online)
130 Judicial Commission of NSW Annual Report 2010–11

Appendix 9
Ngara Yura program
The Judicial Commission is committed to
promoting Aboriginal Cultural Awareness.
We established a program in 1992 which
was renamed the Ngara Yura program in
2008. This program is designed to inform
judicial officers about Aboriginal society,
customs and traditions and promote an
exchange of ideas and information. It is
based on Recommendations 96 and 97
(reproduced here) of the Royal Commission
into Aboriginal Deaths in Custody, National
Report, 1991, Vol 5, Australian Government
Printing Service, Canberra.
“Recommendation 96:
That judicial officers and persons who work
in the court service and in the probation
and parole services and whose duties bring
them into contact with Aboriginal people be
encouraged to participate in an appropriate
training and development program,
designed to explain contemporary Aboriginal
society, customs and traditions. Such
programs should emphasise the historical
and social factors which contribute to the
disadvantaged position of many Aboriginal
people today and to the nature of relations
between Aboriginal and non-Aboriginal
communities today. The Commission further
recommends that such persons should
wherever possible participate in discussion
with members of the Aboriginal community
in an informal way in order to improve crosscultural
understanding.”
“Recommendation 97:
That in devising and implementing courses
referred to in Recommendation 96 the
responsible authorities should ensure that
consultation takes place with appropriate
Aboriginal organisations, including, but not
limited to, Aboriginal Legal Services.”
Appendix 10
Assistance to other jurisdictions and organisations
In 2010–11 the Commission provided
assistance and advice to the following:
Judicial education
• Asia Pacific Judicial Educators
Forum (APJEF): The Chief Executive
is a member of the APJEF’s Executive
Committee.
• Asia Pacific Judicial Reform Forum
(APJRF): The APJRF aims to advance
judicial reform in the Asia Pacific
Region. The Commission is a member
of the APJRF Secretariat together
with the High Court of Australia and
the Supreme Court of NSW, which is
working to develop practical tools to
assist member countries implement
judicial reform programs. This year, the
Commission, as part of the Secretariat
and in conjunction with the Supreme
People’s Court of the People’s Republic
of China, helped to arrange the Fourth
Round Table Meeting of the Forum held
in Beijing in October 2010.
• International Organisation for
Judicial Training (IOJT): The IOJT
was established to promote the rule of
law by supporting the work of judicial
education institutions around the world.
The Chief Executive was elected to
the Board of Governors of the IOJT in
October 2009.
• Papua New Guinea: The Chief
Justice of Papua New Guinea visited
the Commission to discuss the
assistance that will be provided by the
Commission to develop a sentencing
database for PNG courts.
• South Africa: the director of the new
South African Judicial Education Institute
spent five days at the Commission in
October 2010. He met with the Chief
Executive, senior staff and judicial
officers involved in judicial education, all
of whom provided him with information
and advice to assist him to understand
the philosophy, design and delivery of
judicial education sessions in NSW. He
was also provided with many planning
and working documents to assist him in
setting up his Institute.
• Seychelles judiciary: The Chief
Justice of the Seychelles requested
the Commission’s assistance with
arrangements for two magistrates from
that country to observe the operation
of the Local Court of NSW for one
week beginning 30 August 2010.
The purpose of the study tour was
to enable the magistrates to receive
advice on best practices and to assist
with the process of change and reform
in the Seychelles. Two judges from the
Supreme Court of the Seychelles also
visited in November 2010.
Judicial support and case management
systems
• Drug Court Case Management
System: we continue to host, maintain
and support case management
systems for the NSW Drug Court
NSW Youth Drug and Alcohol Court
and the Compulsory Drug Treatment
Correctional Centre.
• Queensland Sentencing Information
Service (QSIS): we continue to host,
maintain and support QSIS for the
Queensland Department of Justice and
Attorney General.
• Commonwealth Sentencing
Database (CSD): we continue to host,
maintain and support the CSD which
is a joint project with the National
Judicial College of Australia and the
Commonwealth Director of Public
Prosecutions.
• Forum Sentencing Management
System (FSMS): in November 2010 we
released a case management system
for the Forum Sentencing Program for
the Department of Attorney General and
Justice. The second phase of the system
will be released in October 2011.
Appendix 10 — Assistance to other jurisdictions and organisations 131

Appendices
Appendix 11
Working with other organisations
Our officers represent the Commission
on a number of committees and steering
groups. Details of their involvements are:
Mr Ernest Schmatt PSM, Chief
Executive
• Board of Governors to the International
Organisation for Judicial Training
• Advisory Board to the Commonwealth
Judicial Education Institute, Halifax,
Canada
• Asia Pacific Judicial Educators Forum
(Executive Member), Manila, Philippines
• Asia Pacific Judicial Reform Forum
Secretariat (Management Group)
• Australia and New Zealand Judicial
Educators Group
• Honorary Associate in the Graduate
School of Government, University of
Sydney
• National Judicial Orientation Program
Steering Committee, National Judicial
College of Australia
Ms Ruth Windeler, Education Director
• Australia and New Zealand Judicial
Educators Group
• Continuing Legal Education
Association of Australasia
• National Judicial Orientation Program
Steering Committee, National Judicial
College of Australia
• International Organisation for Judicial
Training
• Magisterial Services of PNG
• National Judicial Institute of Canada
Mr Hugh Donnelly, Director, Research
and Sentencing
• Directions in Jury Trials, New South
Wales Law Reform Commission
• Sexual Assault Review Committee,
Office of the Director of Public
Prosecutions
Mr Murali Sagi PSM, Director,
Information Management and
Corporate Services
• Justice Sector Chief Information
Officers’ Committee
• Justice Sector Information Exchange
Co-ordinating Committee
• Joined-up-Justice Governance
Committee
• Member — Fellow Committee,
Australian Computer Society
• Adjudicator — Australasian Reporting
Awards
Ms Ruth Sheard, Manager,
Conferences and Communication
• Asia Pacific Judicial Reform Forum
Secretariat (Operations Unit)
Appendix 12
Visitors to the Commission
• The Honourable Justice Iain Ross,
President, Victorian Civil and
Administrative Tribunal, 8 July 2010
• Mr Andrew Phelan, Chief Executive
and Principal Registrar, High Court of
Australia, 30 July 2010
• The Right Honourable Sir Brian
Leveson, Lord Justice of Appeal and
Chairman of the Sentencing Council of
England and Wales, 17 August 2010
• The Honourable VK Rajah, Judge of
Appeal, Supreme Court of Singapore,
23 August 2010
• Professor Paulus E Lotulung,
Deputy Chief Justice of Indonesia,
3 September 2010
• The Honourable Justice David Wong,
High Court of Sabah and Sarawak,
6 September 2010
• The Honourable Justice Francis
MacGregor, President, Court of Appeal,
Seychelles, 30 September 2010
• The Honourable Justice Meyer Joffe,
Director, South African Judicial
Education Institute,
11-15 October 2010
• Dr Alison Reid, Medical Director,
Medical Council of NSW,
20 October 2010
• Justice Karunakaran, Judge of the
Supreme Court of the Seychelles,
2 November 2011
• Justice Dodin, Judge of the Supreme
Court of the Seychelles,
2 November 2010
• The Honourable Justice Ian Binnie,
Supreme Court of Canada,
15 November 2010
• Ms Shirani de Fontgalland, Legal
and Constitutional Affairs Division,
Commonwealth Secretariat, London,
15 December 2010
• The Honourable Justice Frank Stock,
Vice President of the Court of Appeal,
Hong Kong, 28 January 2011
• The Honourable Sir Salamo Inja Kt,
Chief Justice of Papua New Guinea,
Papua New Guinea, 23 March 2011
• The Honourable Justice Panuel
Mogish, Chairperson of the PNG
Case Management and Information
Technology Committee, Papua New
Guinea, 25 March 2011
Delegations
• Delegation of 35 judges from Thailand,
led by Mr Eakachai Chinnapongse,
1 October 2010
• Delegation from the Supreme People’s
Court, People’s Republic of China, led
by Mr Li Ruiyi, 3 March 2011
• Delegation of three judges from the
Republic of China (Taiwan),
28 June 2011
• Delegation of six senior Chinese judges
from the Shanghai No 2 Intermediate
People’s Court, China, 29 June 2011
132 Judicial Commission of NSW Annual Report 2010–11

Appendix 13
Overseas visits
• In October 2010, the Commission’s
Chief Executive, Mr Ernest Schmatt
PSM, in his capacity as a member
of the Secretariat of the Asia Pacific
Judicial Reform Forum Secretariat,
visited Beijing to participate in the
Fourth Round Table Meeting of the
Forum. The meeting was attended by
105 delegates from 24 countries from
the Asia Pacific Region. The theme of
the meeting was “Using Technology to
Improve Court Performance”.
• In May 2011, the Commission’s Chief
Executive, Mr Ernest Schmatt PSM
and Director, Information Management
and Corporate Services, Mr Murali Sagi
PSM visited Sri Lanka to participate
in the South Asian Judges’ Forum
in Colombo and share expertise on
enhancing judicial education programs
and computerised case management
systems. All costs were covered by the
Commonwealth Secretariat, London as
event organisers.
• In June 2011, the Commission’s Chief
Executive, Mr Ernest Schmatt PSM,
travelled to Beijing to participate in the
International Forum on Judicial Training
hosted by the National Judges’ College
of China. The Forum was based on a
Co-operation Agreement between the
College, the European Union and the
United Nations Development Program.
It provided an opportunity to exchange
information about developments in
judicial education in both civil and
common law jurisdictions.
Appendix 14
Exchange of information
The Commission actively seeks to exchange
information with other government agencies,
academic institutions and individuals. Since
its establishment, the Commission has built
strong links with similar organisations in
other countries in order to share knowledge
and experience, particularly in the areas
of judicial education and criminological
research. This has proved to be a most
valuable network and, as a result, the
Commission now holds a wealth of
information concerning these subjects.
In 2010–11, the Commission had
discussions and exchanged information
with the following organisations:
Australian
• Administrative Appeals Tribunal
• Administrative Decisions Tribunal
• Attorney General’s Department (Cth)
• Australian Agency for International
Development
• Australian Bureau of Statistics
• Australian Institute of Criminology
• Australian Law Reform Commission
• Australasian Institute of Judicial
Administration
• Australian National University
• Bar Association of New South Wales
• Bureau of Crime Statistics and
Research
• Centre for Democratic Institutions (ACT)
• College of Law
• Commonwealth Director of Public
Prosecutions
• Community Relations Commission
• Continuing Legal Education
Association of Australasia
• Council of Australasian Tribunals
• Criminal Law Review Division,
Department of Attorney General and
Justice
• Department of Aboriginal Affairs
• Department of Commerce, Office of the
Government Chief Information Officer
• Department of Corrective Services
• Department of Attorney General and
Justice (NSW)
• Department of Justice and Attorney
General (Qld)
• Department of Juvenile Justice
• Department of Premier and Cabinet
• Federal Court of Australia
• High Court of Australia
• Independent Commission Against
Corruption
• Institute of Criminology, University of
Sydney
• International Development Law
Organisation
• Judicial College of Victoria
• Judicial Conference of Australia
• Law and Justice Foundation of NSW
• Law Institute of Victoria
• Law Society of NSW
• Legal Aid Commission
• Macquarie University Law School
• Monash University Law School (Vic)
• National Judicial College of Australia
• New South Wales Law Reform
Commission
• NSW Office of State Revenue
• NSW Police Force
• NSW Sentencing Council
• Office of the Director of Public
Prosecutions (NSW)
• Ombudsman’s Office of NSW
• Parliamentary Counsel’s Office
• Public Defenders Office (NSW)
• Roads and Traffic Authority
• Sentencing Council (NSW)
• Sentencing Advisory Council (Vic)
• Supreme Court of Western Australia
• University of Melbourne Law School
(Vic)
• University of NSW Faculty of Law
• University of Sydney Faculty of Law
• University of Technology, Sydney
• University of Western Sydney
• University of Wollongong Faculty of
Law
• Workers Compensation Commission
Appendix 14 — Exchange of information 133

Appendices
Appendix 14: Exchange of information continued
International
• American Judicature Society
• Asia Pacific Judicial Educators Forum,
Manila
• Asia Pacific Judicial Reform Forum
• Canadian Association of Provincial
Court Judges
• Commonwealth Judicial Education
Institute, Halifax, Canada
• Commonwealth Magistrates’ and
Judges’ Association, United Kingdom
• Court of Appeal for Ontario, Canada
• Court of Appeal, Seychelles
• Federal Court, Malaysia
• High Court of Delhi, New Delhi, India
• High Court of Malaya
• High Court of Sabah and Sarawak
• High Court of the Solomon Islands
• Institute of Judicial Studies, New
Zealand
• International Association of Women
Judges
• International Organisation for Judicial
Training, Israel
• Judicial Education Reference,
Information and Technical Transfer
(JERITT) Project, Michigan, USA
• Judiciary of England and Wales
• Magisterial Services of Papua New
Guinea
• Malaysian Administrative
Modernisation and Management
Planning Unit, Prime Minister’s
Department, Malaysia
• Michigan Judicial Institute, USA
• National and Supreme Courts of Papua
New Guinea
• National Association of State Judicial
Educators, Michigan, USA
• National Judicial Academy, Bhopal,
India
• National Judicial Institute, Canada
• Philippines Judicial Academy, Manila
• Subordinate Courts of Singapore
• Supreme Court of Bangladesh
• Supreme Court of Canada
• Supreme Court of Indonesia
• Supreme Court of the Maldives
• Supreme Court of Nepal
• Supreme Court of the Philippines
• Supreme Court of Singapore
• Supreme Court of Sri Lanka
• Supreme People’s Court, Beijing, China
• University of Toronto, Canada
• University of Windsor, Canada
• York University, Canada
Appendix 15
Presentations by Commission officers
• “Innovation in Government”,
presentation by Mr M Sagi PSM at
Telstra Enterprise and Government
Sales Conference, Melbourne, 27 July
2010
• Facilitation by Ms Ruth Windeler
in Faculty Development Programs
in both Sydney and Adelaide in
September 2010 conducted by the
National Judicial College of Australia
in conjunction with the Commission,
AIJA, Judicial College of Victoria and
the Institute of Judicial Studies in New
Zealand
• “Familiarisation/Orientation”,
presentation by Ms R Windeler at the
National Judicial Orientation Program,
Fremantle, Western Australia,
24 October 2010
• “The Judicial Information Research
System”, presentation by Mr E Schmatt
PSM at the Asia Pacific Judicial Reform
Forum, Beijing, China, 27 October 2010
• “Designing Relevant and Stimulating
Education Activities: Current Trends
in Continuing Judicial Education”, a
paper prepared by Ms Ruth Windeler
for the CLEAA Annual Conference,
28–29 October 2010, Sydney
• “Familiarisation/Orientation”,
presentation by Ms R Windeler at the
Magistrates’ Orientation Program,
Kiama, 28 November 2010
• “Judicial Communication”,
presentation by Ms R Windeler at the
Magistrates’ Orientation Program,
Kiama, 30 November 2010
• “Familiarisation/Orientation”,
presentation by Ms R Windeler at the
National Judicial Orientation Program,
Coogee, NSW, 10 April 2011
• “Occupational Health and Safety
Database”, presentation by
Mr M Sagi PSM at the Industrial
Relations Commission, Sydney,
9 May 2011
• “Continuing Judicial Education”,
presentation by Mr E Schmatt PSM
at the Commonwealth Secretariat
South Asian Judges Regional Forum
on Economic and Financial Crime,
Colombo, Sri Lanka, 15 May 2011
• “Better Decision Making with
Technology”, presentation by
Mr E Schmatt PSM at the
Commonwealth Secretariat South
Asian Judges Regional Forum on
Economic and Financial Crime,
Colombo, Sri Lanka, 15 May 2011
• “Case Management — Best Practice”,
presentation by Mr M Sagi PSM
at the Commonwealth Secretariat
South Asian Judges Regional Forum
on Economic and Financial Crime,
Colombo, Sri Lanka, 15 May 2011
• “Introduction to the work of the Judicial
Commission of NSW”, Presentation
by Ms Pierrette Mizzi to lawyers of
the Commonwealth Director of Public
Prosecutions, 16 May 2011
• “JIRS Demonstration”, presentation by
Mr M Sagi PSM at the ACT Supreme
Court, Canberra, 28 June 2011
134 Judicial Commission of NSW Annual Report 2010–11

Appendix 16
Access to government information
The Government Information (Public
Access) Act 2009 (the GIPA Act) replaced
the Freedom of Information Act 1989 from
1 July 2010.
The Judicial Commission of NSW is an
agency for the purpose of the GIPA Act.
Types of information held by the
Commission
The Commission holds information
relating to its administrative, research and
sentencing, education, and complaint
handling functions. Information that relates
to the Commission’s (including the Conduct
Division) complaint handling, investigative
and reporting functions is “excluded
information” under Schedule 2 of the GIPA
Act. This means that an access application
cannot be made for this information under
that legislation. Information in relation to
the Commission’s administrative, research
and sentencing, and education functions
may be made publicly available by the
Commission subject to any overriding
public interest against disclosure.
Under the GIPA Act there are four ways
that information can be made available to
the public. These are mandatory release
of “open access information”, proactive
release of information for which there is no
overriding public interest against disclosure,
informal release of information for which
there is no overriding public interest against
disclosure in response to an informal
request, and, as a last resort, formal release
in response to an access application. Details
of how to access the Commission’s “open
access information” is set out below.
Access applications can be found on the
Commission’s website: www.judcom.nsw.
gov.au under “About the Commission —
Access to information”.
Publicly available Commission
information
The GIPA Act requires “open access
information” to be made publicly available.
This information is identified on the
Commission’s “Access to Information”
section of its website.
The Commission information publicly
available free of charge includes:
• annual reports
• corporate documents such as the code
of conduct
• research monographs and bench books
• education publications
• media releases, fact sheets and media
statements
All publicly available publications are
available on the Commission’s website at
www.judcom.nsw.gov.au.
Manner in which Commission
information is made available
All information contained on the
Commission’s website can be downloaded
free of charge. Alternatively, the
Commission may be contacted on:
(02) 92994421
or by email: judcom@judcom.nsw.gov.au
or write to:
Right to Information Officer
The Judicial Commission of NSW
GPO Box 3634, Sydney NSW 2001.
The Commission is located at: Level 5, 301
George Street, Sydney.
Charges
The Commission does not generally charge
for the provision of information. However,
if a hard copy of its publications including
monographs, journals and annual reports
is sought, the Commission charges a fee
and the details are on the Commission’s
website at www.judcom.nsw.gov.au.
The Commission may charge an
application fee of $30 for each formal
access application. Depending on the
amount of time it takes to process a formal
access application, the Commission may
also charge a processing fee of $30 per
hour (the application fee of $30 counts
towards the first hour of processing). If a
processing fee is to be charged, the person
making the formal access application will
be given notice of the charge and how it is
calculated. Further information on fees and
charges can be obtained from the GIPA Act
fees and charges fact sheet provided by
the Office of the Information Commissioner
at www.oic.nsw.gov.au.
Further information
Further information on the operation of
the GIPA Act and your rights under that
Act can be obtained from the Office of the
Information Commissioner by accessing
the Office’s website at www.oic.nsw.gov.au,
by free telephone call on 1800 INFOCOM
(1800 463 626), by emailing the Office at
oicinfo@oic.nsw.gov.au, or by writing to the
office at GPO Box 701.
Appendix 16 — Access to government information 135

Appendices
Appendix 17
Other compliance matters
Application for extension of time
Code of conduct
Controlled entities, disclosure of
Community Relations Commission, agreements with
Disability plan
Events with a significant effect on the succeeding year after
the balance date
Executive officers, performance
Funds granted to non-government community organisations
Heritage management
Implementation of price determination
Land disposal
Major assets
No extension applied for.
The code of conduct is available to all staff on the Commission’s
intranet. As no amendments were made in 2010–11, the Commission is
not required to reproduce the code of conduct.
The Commission has no controlled entities.
No agreements have been entered into.
The Commission is not required to report on a disability plan under the
Public Sector Employment and Management Act 2002.
Not applicable.
Not reported because the Commission’s executive officers are not
employed under the Public Sector Employment and Management Act
2002 but under the Judicial Officers Act 1986.
None.
Not applicable.
Not applicable.
The Commission does not own and did not dispose of any property.
The Commission does not own any major assets.
Multicultural Policies and Services Plan Refer to p 69.
Requirements arising from employment arrangements
Responses to reports of parliamentary committees and
Auditor-General
Subsidiaries, disclosure of
Waste
Not applicable.
No significant matters requiring a response were raised.
The Commission has no subsidiaries.
Refer to pp 72–73 for our environmental reporting.
136 Judicial Commission of NSW Annual Report 2010–11

Glossary
AIJA
Appointed member
Bench Books
Complaint
— Australasian Institute of Judicial Administration
— A non-judicial member of the Judicial Commission of NSW: see also Official member.
— Reference books for judicial officers.
— A complaint against a judicial officer about ability or behaviour, either made by a member of the public
or referred to the Commission by the Attorney General.
Conduct Division — A special panel that examines a particular complaint referred to it by the Commission.
Education day
— Calculated on the basis of 5 to 6 instructional hours attended by a judicial officer.
Help desk
— A telephone service for judicial officers that provides assistance with all aspects of computer usage.
JIRS
— see Judicial Information Research System.
Judicial Commission — 1. An independent statutory organisation established by the Judicial Officers Act 1986.
2. The Appointed Members and Official Members, collectively.
Judicial Information — An online legal reference tool for judicial officers, relevant government organisations and members
Research System (JIRS) of the legal profession.
Judicial officer — As defined in the Judicial Officers Act 1986:
a judge or associate judge of the Supreme Court
a member (including a judicial member) of the Industrial Relations Commission
a judge of the Land and Environment Court
a judge of the District Court
the president of the Children’s Court
a magistrate, or
the president of the Administrative Decisions Tribunal.
The definition of judicial officer includes acting appointments to a judicial office, but does not include
arbitrators, registrars, chamber registrars, assessors, members of tribunals, legal representatives, retired
judicial officers or federal judicial officers.
Ngara Yura program — Aboriginal cultural awareness program for judicial officers.
NJCA
— National Judicial College of Australia
NSW
— New South Wales
Official member
— A judicial member of the Judicial Commission of NSW.
Pre-bench training — An induction program for newly appointed magistrates to assist them with their transition to the bench.
Vexatious complainant — The Judicial Officers Act 1986 empowers the Commission to declare as a vexatious complainant a person
who habitually and persistently, and mischievously or without any reasonable grounds, makes complaints
about judicial officers. The effect of the declaration is that the Commission may disregard any further
complaint from the complainant.
Glossary 137

Index
Entries in italics indicate compliance with
statutory reporting requirements
A
Aboriginal cultural awareness program –
see Ngara Yura Program
access to Government information . . . 85, 135
after balance date events having a
significant effect in succeeding year . . . . 113
assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Audit and Risk Management
Committee . . . . . . . . . . . . . . . . . . . . . . . . 83–4
compliance with Treasury
guidelines . . . . . . . . . . . . . . . . . . . . . . . . 83
meeting attendance . . . . . . . . . . . . . . . . 83
auditor-general reports, responses to . . . . 136
B
bench books. . . . . . . . . . . . . . . . . . 21, 35, 130
committees. . . . . . . . . . . . . . . . . . . . . . . . . 123
Bureau of Crime Statistics and
Research . . . . . . . . . . . . . . . . . . . . . 33, 34, 58
C
case management systems . . . . . . . . . . . . . 57
Chief Executive’s message. . . . . . . . . . . . . . . 9
China
best practice in judicial training . . . . . . . 61
Civil Trials Bench Book. . . . . . . . . . . . . . . 6, 21
code of conduct . . . . . . . . . . . . . . . . . . . . . 136
Commission meetings . . . . . . . . . . . . . . . . . 82
Commission management team . . . . . . 79–80
Commission members . . . . . . . . . . . . 76–8, 81
attendance at meetings . . . . . . . . . . . . . 82
conflicts of interest . . . . . . . . . . . . . . . . . 81
functions. . . . . . . . . . . . . . . . . . . . . . . . . 81
names and qualifications . . . . . . . . . . 76–8
remuneration. . . . . . . . . . . . . . . . . . . . . . 82
responsibilities . . . . . . . . . . . . . . . . . . . . 81
committees. . . . . . . . . . . . . . . . . . 83–4, 122–3
community – see partners
Community Relations Commission,
agreement with. . . . . . . . . . . . . . . . . . . . . . 136
complaints . . . . . . . . . . . . . . . . . . . . . . . 39–49
Attorney General, referral from . . . . . . . . 47
AVO proceedings, from . . . . . . . . . . . . . 47
basis of allegation. . . . . . . . . . . . . . . . . . 48
benchmarking. . . . . . . . . . . . . . . . . . . . . 40
bias, allegation of . . . . . . . . . . . . . . . 47, 48
case studies . . . . . . . . . . . . . . . . . . . . . . 49
causes . . . . . . . . . . . . . . . . . . . . . . . . 47–8
challenges. . . . . . . . . . . . . . . . . . . . . 44, 48
Conduct Division, finalisation . . . . . . . 46–7
Conduct Division, referral to. . . 42, 117–18
criteria for dismissal . . . . . . . . . . . . . . . . 41
dealing with . . . . . . . . . . . . . . . 41, 116–18
decrease 2010–11 . . . . . . . . . . . . . . . . . 45
delay and impairment . . . . . . . . . . . . . . . 47
discourtesy . . . . . . . . . . . . . . . . . . . . . . . 47
dismissal. . . . . . . . . . . . . . . . . . 41, 45, 117
effective complaints process,
providing. . . . . . . . . . . . . . . . . . . . . 41–4
examination of . . . . . . . . . . . . . . . . . 39–49
failure to give fair hearing . . . . . . . . . . . . 47
five-year comparison . . . . . . . . . . . . . . 148
formal complaints governance . . . . . . . . 42
further action, complaints requiring . . . . 42
guidelines . . . . . . . . . . . . . . . . . . . . 116–20
head of jurisdiction, referral to . . . . . . . . 46
how to make. . . . . . . . . . . . . . . . . . . . . . 41
inappropriate comments . . . . . . . . . 47, 49
inappropriate conduct towards legal
practitioner . . . . . . . . . . . . . . . . . . . . . 49
incompetence. . . . . . . . . . . . . . . . . . . . . 47
informal enquiries . . . . . . . . . . . . . . . 42, 47
information about . . . . . . . . . . . . . . . . . . 44
judicial accountability . . . . . . . . . . . . . 45–9
judicial officers, against, guidelines . . 116–18
key results. . . . . . . . . . . . . . . . . . . . . . . . . 6
key services . . . . . . . . . . . . . . . . . . . . . . . 7
magistrates’ behaviour, concerning . . 46–7
monitoring. . . . . . . . . . . . . . . . . . . . . . . . 47
national recognition . . . . . . . . . . . . . . . . 40
particulars. . . . . . . . . . . . . . . . . . . . . . . . 45
patterns, identifying . . . . . . . . . . . . . . 47–8
process (flowchart) . . . . . . . . . . . . . . . . . 43
received . . . . . . . . . . . . . . . . . . . . . . . . . 45
retirement of judicial officer . . . . . . . . . . 49
satisfaction . . . . . . . . . . . . . . . . . . . . . . . 40
sentencing matter discussed in
public area . . . . . . . . . . . . . . . . . . . . . . . 49
statistics . . . . . . . . . . . . . . . . . . . . . . 45, 48
substitution for appeals . . . . . . . . . . . . . 47
timeliness in dealing with . . . . . . . . . . . . 40
unrepresented litigants . . . . . . . . . . . . . . 47
vexatious . . . . . . . . . . . . . . . . . . . . 41, 117
compliance . . . . . . . . . . . . . . . . . . . . . . . . . 136
letter to Attorney-General. . . . . . . . . . . . . 1
Conduct Division . . . . . . . . . 42, 46–7, 117–18
examination of complaints,
guidelines . . . . . . . . . . . . . . . . . . . . 119–20
consultants . . . . . . . . . . . . . . . . . . . . . . . . . . 92
controlled entities, disclosure of. . . . . . . . . 136
credit card certification. . . . . . . . . . . . . . . . . 92
criminal law developments
communicating. . . . . . . . . . . . . . . . . 36, 37
Criminal Trial Courts Bench Book . . . . . . . . 31
D
delegations. . . . . . . . . . . . . . . . . . . . . . . . . . 57
disability plan . . . . . . . . . . . . . . . . . . . . . . . 136
domestic violence cases . . . . . . . . . . . . . . . 22
E
education – see judicial education
employees – see staff
environmental sustainability – see sustainability
Equality Before the Law Bench Book . . . 21, 123
executive officers . . . . . . . . . . . . . . . . . . 79–80
Chief Executive, appointment . . . . . . . . 82
Chief Executive, role. . . . . . . . . . . . . . . . 82
numbers . . . . . . . . . . . . . . . . . . . . . . 79–80
performance . . . . . . . . . . . . . . . . . . . . . 136
presentations by . . . . . . . . . . . . . . . . . . 134
remuneration. . . . . . . . . . . . . . . . . . . . . . 82
expenditure. . . . . . . . . . . . . . . . . . . . . . . 90, 91
extension of time . . . . . . . . . . . . . . . . . . . . 136
external audit . . . . . . . . . . . . . . . . . . . . . . . . 84
F
financial management . . . . . . . . . 5, 9, 89–113
financial performance. . . . . . . . . . . . . . . . . . 92
financial report . . . . . . . . . . . . . . . . . . . 93–113
financial summary 2010–11 . . . . . . . . . 5, 90–1
Forum Sentencing . . . . . . . . . . . . . . . . . . . . 59
freedom of information – see access to
Government information
funds granted to non-government
community organisations . . . . . . . . . . . . . . 136
G
Global Reporting Initiative (GRI) . . . . . . . 1, 140
glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
goals. . . . . . . . . . . . . . . . . . . .inside cover, 6–7
governance. . . . . . . . . . . . . . . . . 3, 5, 9, 75–86
practices. . . . . . . . . . . . . . . . . . . . . . . 81–5
H
heritage management. . . . . . . . . . . . . . . . . 136
highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
history. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
human resources – see staff
I
information exchange. . . . . . . . . . . . . . . 133–4
insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
internal audit. . . . . . . . . . . . . . . . . . . . . . . . . 83
CEO attestation . . . . . . . . . . . . . . . . . . . 86
International Organisation for Judicial Training
(IOJT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
J
judicial accountability. . . . . . . . . . . . . . . . 45–9
judicial appointments . . . . . . . . . . . . . . . . . . 19
judicial education . . . . . . . . . . . . . . 6–7, 11–27
Aboriginal Cultural Awareness program . . 25
assistance to Asia Pacific neighbours
– see partners
attendance . . . . . . . . . . . . . . . . . . . . 13, 14
case studies . . . . . . . . . . . . . . . . 17, 24, 27
challenges. . . . . . . . . . . . . . . . . . 15, 17, 23
communication skills . . . . . . . . . . . . . . . 22
computer support. . . . . . . . . . . . . . . . . . 23
conferences . . . . . . . . . . . . . 13, 18, 123–7
critique . . . . . . . . . . . . . . . . . . . . . . . . . . 13
design. . . . . . . . . . . . . . . . . . . . . . . . 16–17
distance education . . . . . . . . . . . . . . . . . 22
domestic violence matters . . . . . . . . . . . 22
environmental law best practice. . . . . . . 24
field trips. . . . . . . . . . . . . . . . . . 13, 22, 128
film, through . . . . . . . . . . . . . . . . . . . . . . 21
five-year comparison . . . . . . . . . . . . . . 148
highlights 2010–11 . . . . . . . . . . . . . . 19–24
interactive programs. . . . . . . . . . . . . . . . 17
internal audit. . . . . . . . . . . . . . . . . . . . . . 15
key results. . . . . . . . . . . . . . . . . . . . . . . . . 6
key services . . . . . . . . . . . . . . . . . . . . . . . 7
looking ahead . . . . . . . . . . . . . . . 15, 17, 23
online conference paper database. . . . . 20
orientation sessions . . . . . . . . . . 13, 126–7
policy . . . . . . . . . . . . . . . . . . . . . . . . . . 121
presenting. . . . . . . . . . . . . . . . . . . . . . . . 18
programs, designing effective . . . . . 16–17
publications . . . . . . . . . . . . . . . . . . . 13, 21
research skills . . . . . . . . . . . . . . . . . . . . . 22
satisfaction . . . . . . . . . . . . . . . . . . . . 12–15
seminar programs. . . . . . 13, 18, 22, 127–8
targets. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
training judicial officers. . . . . . . . . . . . . . 19
workshops . . . . . . . . . . . . . . . . . 13, 127–8
138 Judicial Commission of NSW Annual Report 2010–11

Judicial Information Research
System (JIRS) . . . . . . . . . . . . . . . . . 7, 31–2, 35
accessibility . . . . . . . . . . . . . . . . . . . . . . 34
challenges. . . . . . . . . . . . . . . . . . . 34–5, 36
components . . . . . . . . . . . . . . . . . . . . . . 33
currency and accuracy . . . . . . . . . . . . . . 33
data accuracy. . . . . . . . . . . . . . . . . . . . . 34
improving resources . . . . . . . . . . . . . . . . 36
looking ahead . . . . . . . . . . . . . . . . . . 35, 36
services directory . . . . . . . . . . . . . . . . . . 35
support system. . . . . . . . . . . . . . . . . . . . 35
timeliness . . . . . . . . . . . . . . . . . . . . . . 33–4
use of . . . . . . . . . . . . . . . . . . . . . . . . . 30–2
judicial officer
complaints against, guidelines . . . . 116–18
definition. . . . . . . . . . . . . . . . . . . . . . . . 116
training . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Judicial Officers Act 1986
statutory goals . . . . . . . . .inside cover, 6–7
changes to . . . . . . . . . . . . . . . . . . . . . . . 85
Judicial Officers’ Bulletin . . . . . . . . 4, 121, 130
judicial performance. . . . . . . . . . . . . . . . . . 5, 6
The Judicial Review . . . . . . . . . . . . 21, 35, 130
K
key results . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
key services . . . . . . . . . . . . . . . . . . . . . . . . . . 7
L
land disposal . . . . . . . . . . . . . . . . . . . . . . . 136
Lawcodes database . . . . . . . . . . . . . . . . . 7, 58
legal change . . . . . . . . . . . . . . . . . . . . . . . . . 85
legislative charter . . . . . . . . . . . . . . . . . . . . . 85
liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
library service . . . . . . . . . . . . . . . . . . . . . . . . 71
challenge . . . . . . . . . . . . . . . . . . . . . . . . 71
looking ahead . . . . . . . . . . . . . . . . . . . . . 71
Local Court Bench Book . . . . . . . . . . . . 21, 59
major assets . . . . . . . . . . . . . . . . . . . . . . . . 136
M
Malaysia
assistance to . . . . . . . . . . . . . . . . . . . . . 56
management and structure – see also
Commission members; executive
officers . . . . . . . . . . . . . . . . . . . . . . . . . . 79–80
committees. . . . . . . . . . . . . . . 83–4, 122–3
organisation chart . . . . . . . . . . . . . . . . . . 81
our organisation . . . . . . . . . . . . . . . . . . . . 3
mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Multicultural Policies and Services Plan . . . . 136
N
Ngara Yura program . . . . . . . . . . . . 13, 25, 131
challenge . . . . . . . . . . . . . . . . . . . . . . . . 26
highlights 2010–11 . . . . . . . . . . . . . . . 25–6
looking ahead . . . . . . . . . . . . . . . . . . . . . 26
NSW government, relationship with. . . . . . . 83
NSW Maritime . . . . . . . . . . . . . . . . . . . . . . . 59
NSW Sentencing Council. . . . . . . . . . . . . . . 59
O
occupational health and safety . . . . . . . . . . 84
organisational chart . . . . . . . . . . . . . . . . . . . 81
organisational performance . . . . . . . . . . . . 6–7
organisational profile . . . . . . . . . . . . . . . . . . . 3
overseas visits . . . . . . . . . . . . . . . . . . . . . . 133
P
Papua New Guinea
assistance to . . . . . . . . . . . . . . . . . 56, 131
parliamentary committees, responses to . . . 136
partners . . . . . . . . . . . . . . . . . . . . . . . 3, 51–61
acknowledgement from Chief Justice . . 52
agencies, other justice sector. . . 58–9, 132
case studies . . . . . . . . . . . . . . . . 57, 59, 61
challenges. . . . . . . . . . . . . . . 54, 57, 59, 60
community awareness, program . . . . . . 54
courts’ case management systems,
support for . . . . . . . . . . . . . . . . . . . . . . . 57
engagement with . . . . . . . . . . . . . 5, 51–61
Indigenous communities – see also
Ngara Yura program . . . . . . . . . . . . . . 54
information and advice . . . . . . . . . . . . . . 54
international . . . . . . . . . . . . . . . 5, 52, 55–6
judicial education providers . . . . . . . . 60–1
judicial reform in Region. . . . . . . 55, 56, 57
justice sector agencies, working with . . 58–9
national . . . . . . . . . . . . . . . . . . . . . . . . . . 53
NSW public and community groups. . . . 54
other jurisdictions . . . . . . . . . . . . 55–7, 131
outcomes . . . . . . . . . . . . . . . . . . . . . . . . 51
satisfaction . . . . . . . . . . . . . . . . . . . . . . . 52
sentencing presentations,
acknowledgement by lawyers . . . . . . . . 53
targets. . . . . . . . . . . . . . . . . . . . . . . . . . . 51
website, communication through . . . . . . 54
payment of accounts . . . . . . . . . . . . . . . . . . 92
performance targets and results . . . . . . . . . . 6
President’s foreword. . . . . . . . . . . . . . . . . . . . 8
price determination . . . . . . . . . . . . . . . . . . 136
privacy management plan . . . . . . . . . . . . . . 85
public access to resources. . . . . . . . . . . . . . 54
publications . . . . . . . . . . . . 13, 21, 30, 129–30
articles published . . . . . . . . . . . . . . . 128–9
electronic delivery. . . . . . . . . . . . . . . . 70–1
R
record management . . . . . . . . . . . . . . . . . . . 72
regional conferences . . . . . . . . . . . . . . . . . . 56
research and development
assistance to agencies . . . . . . . . . . . . . . 58
research and sentencing . . . . . . . . . . . . . 5
child pornography . . . . . . . . . . . . . . . . . 37
criminal law developments . . . . . . . . 36, 37
five-year comparison . . . . . . . . . . . . . . 148
independent research. . . . . . . . . . . . . 36–7
Judicial Information Research Service
– see Judicial Information Research
Service (JIRS)
key results. . . . . . . . . . . . . . . . . . . . . . . . . 6
key services . . . . . . . . . . . . . . . . . . . . . . . 7
new penalty option
online sentencing resources. . . . . . . . 30–1
outcomes . . . . . . . . . . . . . . . . . . . . . . . . 29
published research studies. . . . . . . . . . . 36
satisfaction . . . . . . . . . . . . . . . . . . . . . 30–2
sexual assault and evidence . . . . . . . . . 37
study of conviction appeals . . . . . . . . 9, 37
targets. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Results and Services Plan . . . . . . . . . . . . . . . 6
revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
risk management policy . . . . . . . . . . . . . . . . 84
S
sentencing – see research and sentencing
Sentencing Bench Book. . . . . . . . . . . . . . . . 54
Sentencing Council . . . . . . . . . . . . . . . . . . . 59
service group expenditure . . . . . . . . . . . . . . 91
service measures . . . . . . . . . . . . . . . . . . . . . . 7
services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
customer response, guaranteeing . . . . . 70
electronic delivery of. . . . . . . . . . . . . . 70–1
South African Judicial Education Institute
advice to. . . . . . . . . . . . . . . . . . . . . . . . . 55
South Asian Judges Regional Forum
assistance to . . . . . . . . . . . . . . . . . . . . . 56
Sri Lanka
assistance to . . . . . . . . . . . . . . 51, 56, 133
staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 65
attendance . . . . . . . . . . . . . . . . . . . . . . . 65
challenges. . . . . . . . . . . . . . . . . . . . . 64, 69
conditions. . . . . . . . . . . . . . . . . . . . . . . . 66
employment arrangements . . . . . . . . . 136
equal opportunity . . . . . . . . . . . . . . . . 68–9
five-year comparison . . . . . . . . . . . 65, 148
flexible work arrangements . . . . . . . . . . 66
induction. . . . . . . . . . . . . . . . . . . . . . . . . 66
informing employees . . . . . . . . . . . . . . . 66
multicultural society, needs of . . . . . . . . 69
outcomes . . . . . . . . . . . . . . . . . . . . . . . . 63
performance reviews . . . . . . . . . . . . . . . 70
recognising achievements . . . . . . . . . . . 68
retaining . . . . . . . . . . . . . . . . . . . . . . . . . 65
safe working environment . . . . . . . . . . . 70
satisfaction . . . . . . . . . . . . . . . . . . . 5, 9, 64
targets. . . . . . . . . . . . . . . . . . . . . . . . . . . 63
traineeships and work experience . . . . . 68
training and development. . . . . . . . . . . . 67
turnover rate . . . . . . . . . . . . . . . . . . . . 5, 65
wages, setting . . . . . . . . . . . . . . . . . . . . 66
statistics, five year comparison . . . . . . . . . 148
strategic focus . . . . . . . . . . . . . . . . . . . . . . 3, 5
Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . 5
structure . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 81
subsidiaries, disclosure of . . . . . . . . . . . . . 136
sustainability. . . . . . . . . . . . . . . . . . . . . . . 72–3
challenges. . . . . . . . . . . . . . . . . . . . . . . . 73
energy use . . . . . . . . . . . . . . . . . . . 73, 148
looking ahead . . . . . . . . . . . . . . . . . . . . . 73
measures . . . . . . . . . . . . . . . . . . . . . . . . 73
statement . . . . . . . . . . . . . . . . . . . . . . . . . 9
sustainability reporting framework . . . . . . . . . 1
T
technology . . . . . . . . . . . . . . . . . . . . . . . . . . 70
training – see judicial education
Treasury Guidelines, compliance with . . . . . 83
Tribal Warrior Association mentoring program . 27
V
values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
visitors . . . . . . . . . . . . . . . . . . . . . . . . . 57, 132
W
waste reduction . . . . . . . . . . . . . . . . . . 72, 136
website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
workplace systems and technology. . . . . 70–2
Y
year ahead . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Index 139

GRI index
GRI Index J C
This is the Commission’s first sustainability
report where we report against the GRI
descriptors and disclosures.
The Commission’s self-declared
Application Level is C. A “C” Report
Application level requires the Commission
to report on 1.1, 2.1–2.10, 3.1–3.8, 3.10–
3.12, 4.1–4.4, 4.14–4.15 and a minimum
of 10 Performance Indicators, including at
least one from each of: social, economic
and environment.
The scope and boundary of the annual
report is determined by the Commission’s
three key operational activities as measured
by the performance indicators shown
on pp 6–7 as well as the Commission’s
engagements with its stakeholders as
reported at pp 52–60, 131–134. The
Commission has no entitites over which it
exercises control or signficant influence.
There are no identified material exclusions
from this report.
Key
R – reported
NR – not reported
PR – partially reported
NA – not relevant to the Judicial Commission
Application Level C
G3 Content Index - GRI Application Level C
STANDARD DISCLOSURES PART I: Profile Disclosures
REPORT FULLY ON THE BELOW SELECTION OF PROFILE DISCLOSURES OR PROVIDE A REASON FOR OMISSION
1. Strategy and Analysis
Profile Disclosure Description Reported Cross-reference/Direct
answer
1.1 Statement from Chief Executive R Page 9
2. Organisational Profile
Profile Disclosure Description Reported Cross-reference/Direct
answer
2.1 Judicial Commission of NSW R Front cover
2.2 Primary brands, products, and/or services. R Year at a glance p 5
2.3 Operational structure of Commission, including
main divisions, operating companies, subsidiaries,
and joint ventures.
R Page 81
2.4 Location of organisation’s headquarters. R Back cover
2.5 Number of countries where the organisation
operates, and names of countries with either major
operations or that are specifically relevant to the
sustainability issues covered in the report.
R Page 3
2.6 Nature of ownership and legal form. R Page 3
2.7 Markets served (including geographic breakdown,
sectors served, and types of customers/
beneficiaries).
R
Inside front cover,
Page 3
2.8 Scale of the reporting organisation. R Pages 3, 5
2.9 Significant changes during the reporting period
regarding size, structure, or ownership.
R Pages 8, 9
2.10 Awards received in the reporting period. R Page 68
140 Judicial Commission of NSW Annual Report 2010–11

3. Report Parameters
Profile Disclosure Description Reported Cross-reference/Direct
answer
3.1 Reporting period R 1 July 2010–30 June 2011
3.2 Date of most recent previous report (if any). R Inside front cover
3.3 Reporting cycle (annual, biennial, etc.) R Annual
3.4 Contact point for questions regarding the report or
R
Back cover
its contents.
3.5 Process for defining report content. R Inside front cover, page 1
3.6 Boundary of the report R Inside front cover, pages
1, 136
3.7 State any specific limitations on the scope or
boundary of the report.
R Page 140
3.8 Basis for reporting on joint ventures, subsidiaries,
leased facilities, outsourced operations, and other
entities that can significantly affect comparability
from period to period and/or between organisations.
3.10 Explanation of the effect of any restatements of
information provided in earlier reports.
3.11 Significant changes from previous reporting periods
in the scope, boundary, or measurement methods
applied in the report.
3.12 Table identifying the location of the Standard
Disclosures in the report.
4. Governance, Commitments, and Engagement
NA
R
R
There were no effects
of restatements of
information provided in
earlier reports
There were no significant
changes from last year’s
annual report in the
scope, boundary or
measurements methods
applied in the report
R Page 140
Profile Disclosure Description Reported Cross-reference/Direct
answer
4.1 Governance structure of the organisation, including
committees under the highest governance body
responsible for specific tasks, such as setting
strategy or organisational oversight.
4.2 Indicate whether the Chair of the highest
governance body is also an executive officer.
4.3 For organisations that have a unitary board
structure, state the number of members of the
highest governance body that are independent and/
or non-executive members.
4.4 Mechanisms for employees to provide
recommendations or direction to the highest
governance body.
4.14 List of stakeholder groups the Commission engages
with.
4.15 Basis for identification and selection of stakeholders
with whom to engage.
R Pages 76–86
R
The President of the
Commission is not an
Executive Officer
R Page 76
R Page 81
R Pages 132–134
R Pages 3, 52
GRI index 141

GRI index
GRI index continued
Economic
Performance
Indicator
STANDARD DISCLOSURES PART III: Performance Indicators
REPORT FULLY ON 10 CORE OR ADDITIONAL PERFORMANCE INDICATORS - AT LEAST 1 FROM EACH
DIMENSION (ECONOMIC, ENVIRONMENTAL SOCIAL)
Economic performance
EC1
Direct economic value generated and distributed,
including revenues, operating costs, employee
compensation, donations and other community
investments, retained earnings, and payments to
capital providers and governments.
EC2
EC3
EC4
Market presence
EC5
EC6
EC7
Description Reported Cross-reference/Direct
answer
Financial implications and other risks and
opportunities for the organisation’s activities due to
climate change.
Coverage of the organisation’s defined benefit plan
obligations.
Significant financial assistance received from
government.
Range of ratios of standard entry level wage
compared to local minimum wage at significant
locations of operation.
Policy, practices, and proportion of spending on
locally-based suppliers at significant locations of
operation.
Procedures for local hiring and proportion of senior
management hired from the local community at
significant locations of operation.
Indirect economic impacts
EC8
Development and impact of infrastructure
investments and services provided primarily for
public benefit through commercial, in-kind, or pro
bono engagement.
EC9
Environmental
Performance
Indicator
Understanding and describing significant indirect
economic impacts, including the extent of impacts.
R
NA
Financial Report:
pages 89–113
R Page 66
R Page 96
Description Reported Cross-reference/Direct
answer
Materials
EN1 Materials used by weight or volume. R Pages 72–73
EN2
Percentage of materials used that are recycled input
R Pages 72–73
materials.
Energy
EN3
Direct energy consumption by primary energy
R Pages 72–73
source.
EN4 Indirect energy consumption by primary source. NR not measured
EN5
Energy saved due to conservation and efficiency
improvements.
R Page 73
NA
NA
NA
NA
NA
142 Judicial Commission of NSW Annual Report 2010–11

Performance
Indicator
EN6
EN7
Description Reported Cross-reference/Direct
answer
Initiatives to provide energy-efficient or renewable
energy based products and services, and reductions
in energy requirements as a result of these initiatives.
Initiatives to reduce indirect energy consumption
and reductions achieved.
R Page 73
NR
not measured
Water
EN8 Total water withdrawal by source. NR not measured
EN9
Water sources significantly affected by withdrawal
of water.
NR
not measured
EN10
Biodiversity
EN11
EN12
Percentage and total volume of water recycled and
reused.
Location and size of land owned, leased, managed
in, or adjacent to, protected areas and areas of high
biodiversity value outside protected areas.
Description of significant impacts of activities,
products, and services on biodiversity in protected
areas and areas of high biodiversity value outside
protected areas.
EN13 Habitats protected or restored. NA
EN14
EN15
Strategies, current actions, and future plans for
managing impacts on biodiversity.
Number of IUCN Red List species and national
conservation list species with habitats in areas
affected by operations, by level of extinction risk.
Emissions, effluents and waste
EN16
Total direct and indirect greenhouse gas emissions
by weight.
EN17
EN18
EN19
EN20
Other relevant indirect greenhouse gas emissions
by weight.
Initiatives to reduce greenhouse gas emissions and
reductions achieved.
Emissions of ozone-depleting substances by
weight.
NOx, SOx, and other significant air emissions by
type and weight.
NR
NA
NA
NA
NA
not measured
R Pages 72–73
NR
not measured
R Page 73
NR
NR
not measured
not measured
EN21 Total water discharge by quality and destination. NR not measured
EN22 Total weight of waste by type and disposal method. R Page 72
EN23 Total number and volume of significant spills. NA
EN24
EN25
Weight of transported, imported, exported, or treated
waste deemed hazardous under the terms of the Basel
Convention Annex I, II, III, and VIII, and percentage of
transported waste shipped internationally.
Identity, size, protected status, and biodiversity
value of water bodies and related habitats
significantly affected by the reporting organisation’s
discharges of water and runoff.
NA
NA
GRI index 143

GRI index
GRI index continued
Performance
Indicator
Products and services
EN26
Initiatives to mitigate environmental impacts of
products and services, and extent of impact mitigation.
EN27
Compliance
EN28
Transport
EN29
Overall
EN30
Description Reported Cross-reference/Direct
answer
Percentage of products sold and their packaging
materials that are reclaimed by category.
Monetary value of significant fines and total number
of non-monetary sanctions for non-compliance with
environmental laws and regulations.
Significant environmental impacts of transporting
products and other goods and materials used for
the organisation’s operations, and transporting
members of the workforce.
Total environmental protection expenditures and
investments by type.
Social: Labor Practices and Decent Work
Performance
Indicator
Employment
LA1
LA2
LA3
R Page 73
NA
NA
NR
NA
not measured
Description Reported Cross-reference/Direct
answer
Total workforce by employment type, employment
contract, and region.
Total number and rate of employee turnover by age
group, gender, and region.
Benefits provided to full-time employees that are
not provided to temporary or part-time employees,
by major operations.
Labor/management relations
LA4
Percentage of employees covered by collective
bargaining agreements.
LA5
Minimum notice period(s) regarding significant
operational changes, including whether it is specified
in collective agreements.
Occupational health and safety
LA6
Percentage of total workforce represented in
formal joint management-worker health and safety
committees that help monitor and advise on
occupational health and safety programs.
LA7
LA8
LA9
Rates of injury, occupational diseases, lost days,
and absenteeism, and number of work-related
fatalities by region.
Education, training, counseling, prevention, and
risk-control programs in place to assist workforce
members, their families, or community members
regarding serious diseases.
Health and safety topics covered in formal
agreements with trade unions.
R Page 65
PR Pages 65, 69
NA
NA
NR
R Page 70
R Page 70
NA
NA
144 Judicial Commission of NSW Annual Report 2010–11

Performance
Indicator
Training and education
LA10
Average hours of training per year per employee by
employee category.
LA11
Programs for skills management and lifelong
learning that support the continued employability
of employees and assist them in managing career
endings.
LA12
Description Reported Cross-reference/Direct
answer
Percentage of employees receiving regular
performance and career development reviews.
Diversity and equal opportunity
LA13
Composition of governance bodies and breakdown
of employees per category according to gender,
age group, minority group membership, and other
indicators of diversity.
LA14
Social: Human Rights
Performance
Indicator
Ratio of basic salary of men to women by employee
category.
Investment and procurement practices
HR1
Percentage and total number of significant
investment agreements that include human rights
clauses or that have undergone human rights
screening.
HR2
Percentage of significant suppliers and contractors
that have undergone screening on human rights and
actions taken.
HR3
Total hours of employee training on policies and
procedures concerning aspects of human rights
that are relevant to operations, including the
percentage of employees trained.
Non-discrimination
HR4
Total number of incidents of discrimination and
actions taken.
Freedom of association and collective bargaining
HR5
Operations identified in which the right to exercise
freedom of association and collective bargaining
may be at significant risk, and actions taken to
support these rights.
Child labor
HR6
R Page 67
R Page 67
R Page 67
R Page 69
PR Page 82
Description Reported Cross-reference/Direct
answer
Operations identified as having significant risk for
incidents of child labor, and measures taken to
contribute to the elimination of child labor.
Forced and compulsory labor
HR7
Operations identified as having significant risk
for incidents of forced or compulsory labor, and
measures to contribute to the elimination of forced
or compulsory labor.
NA
NR
NR
R None reported: page 68
NA
NA
NA
GRI index 145

GRI index
GRI index continued
Performance
Indicator
Security practices
HR8
Indigenous rights
HR9
Social: Society
Performance
Indicator
Community
SO1
Corruption
SO2
SO3
Description Reported Cross-reference/Direct
answer
Percentage of security personnel trained in the
organisation’s policies or procedures concerning
aspects of human rights that are relevant to
operations.
Total number of incidents of violations involving
rights of indigenous people and actions taken.
NA
NA
No incidents reported
Description Reported Cross-reference/Direct
answer
Nature, scope, and effectiveness of any programs
and practices that assess and manage the impacts
of operations on communities, including entering,
operating, and exiting.
Percentage and total number of business units
analyzed for risks related to corruption.
Percentage of employees trained in organisation’s
anti-corruption policies and procedures.
PR
Ngara Yura program
reported at pages 25–27
PR Pages 83–84
PR
Senior executives
SO4 Actions taken in response to incidents of corruption. NA No incidents reported
Public policy
SO5
Public policy positions and participation in public
R
Commission governance
policy development and lobbying.
SO6
Total value of financial and in-kind contributions to
political parties, politicians, and related institutions
by country.
NA
Commission makes no
contributions to political
parties or politicians
Anti-competitive behavior
SO7
Total number of legal actions for anti-competitive
behavior, anti-trust, and monopoly practices and
their outcomes.
Compliance
SO8
Social: Product Responsibility
Monetary value of significant fines and total number
of non-monetary sanctions for non-compliance with
laws and regulations.
NA
NA
No legal actions for anticompetitive
behaviour,
anti-trust, and monopoly
practices and their
outcomes
No significant fines and
no monetary sanctions for
non-compliance with laws
and regulations
146 Judicial Commission of NSW Annual Report 2010–11

Performance
Indicator
Customer health and safety
PR1
Life cycle stages in which health and safety
impacts of products and services are assessed
for improvement, and percentage of significant
products and services categories subject to such
procedures.
PR2
Description Reported Cross-reference/Direct
answer
Total number of incidents of non-compliance with
regulations and voluntary codes concerning health
and safety impacts of products and services during
their life cycle, by type of outcomes.
Product and service labelling
PR3
Type of product and service information required
by procedures, and percentage of significant
products and services subject to such information
requirements.
PR4
PR5
Total number of incidents of non-compliance with
regulations and voluntary codes concerning product
and service information and labeling, by type of
outcomes.
Practices related to customer satisfaction, including
results of surveys measuring customer satisfaction.
Marketing communications
PR6
Programs for adherence to laws, standards,
and voluntary codes related to marketing
communications, including advertising, promotion,
and sponsorship.
PR7
Customer privacy
PR8
Compliance
PR9
Total number of incidents of non-compliance
with regulations and voluntary codes concerning
marketing communications, including advertising,
promotion, and sponsorship by type of outcomes.
Total number of substantiated complaints regarding
breaches of customer privacy and losses of
customer data.
Monetary value of significant fines for noncompliance
with laws and regulations concerning
the provision and use of products and services.
NA
NA
NA
NA
R
NA
NA
Throughout this annual
report
None: page 85
None
Annual Report of the Judicial Commission of NSW 2010–11
Published by the Judicial Commission of NSW 2011
ISSN 1441-8444
Cost: The total external costs incurred in the
production of this report were $12,200
Format: The Annual Report is also available on the
Commission’s website at www.judcom.
nsw.gov.au
Writer:
Designer:
Printer:
Kate Lumley
Lorraine Beal
ASAP Press
Photography: Smarter Digital, Oneill
Photographics, Tribal Warrior
Association and Commission staff
This report is printed on Silk Matte
— ISO 14001 which is elemental
chlorine free and sourced from
sustainable forest management.
Environment
ISO 14001
GRI index 147

Five-year overview
Continuing judicial education
2006–07 2007–08 2008–09 2009–10 2010–11
Number of judicial education days per year 1,486 1,294 1,396 1,554 1,389
Number of educational programs 28 34 38 39 37
Overall satisfaction rating with judicial education programs 90% 91% 90% 91% 93%
% of voluntary attendance at annual conferences 92% 88% 86% 90% 93%
% of voluntary attendance at magistrates’ induction/orientation programs 100% 100% 100% 100% 100%
Average number of training days offered per judicial officer per court
5.1 4.9 5 5.2 5.3
(excluding orientation programs)
Average number of training days undertaken per judicial officer 5 4.4 4.8 5.3 4.7
% of judicial officers who attended at least 2 days of judicial training 92% 88% 86% 90% 93%
Number of publications (including bench book updates, bulletins, journals,
education monographs and training DVDs)*
20 27 24 23 23
Number of computer training sessions 120 105 67 43 26
Total help desk enquiries 582 685 523 408 327
Research and sentencing
JIRS usage (average page hits per month) 45,898 56,722 77,684 84,312 88,704
% of JIRS availability 99% 99% 99% 99% 99%
Number of enhancements to JIRS 4 5 8 11 10
Timeliness of sentencing material on JIRS
– Recent Law items posted on JIRS – 2 weeks 2 weeks 2 weeks 2 weeks
– Judgments (within number of days of receipt) 1 day 1 day 1 day 1 day 1 day
– Summaries of important judgments (within number of weeks of receipt) 3 weeks 1–4 weeks 4 weeks 4 weeks 6 weeks
– Sentencing statistics loaded on JIRS (within number of months of receipt) 1–3
months
2
months
1–3
months
1–4
months
1–4
months
Number of sentencing trends papers and monographs 4 3 2 2 3
Timely Sentencing Bench Book updates 2 5 4 3 3
Timely updates to the Criminal Trial Courts Bench Book 4 3 6 4 3
Lawcodes: % of new and amended offences coded and distributed within
4 days of commencement
100% 100% 100% 100% 100%
Examining complaints
% of complaints acknowledged within 1 week of receipt 100% 100% 100% 100% 98%
% of complaints examined within 6 months of receipt 97% 99% 92% 91% 95%
% of complaints examined within 12 months of receipt 100% 100% 100% 98% 100%
Complaints received (number) 53 66 55 70 60
Complaints examined (number) 58 66 49 64 56
Our organisation
Inhouse staff (number) 39 39 39 38 38
Length of service: 5 years or greater 62% 61% 59% 73% 68%
Freedom of information requests 0 0 0 0 0
Environmental sustainability
Total energy used 552GJ 433GJ 550GJ 521GJ 503GJ
% of recycled paper used 100% 100% 100% 100% 100%
Financial management
Revenue from Parliament $4.763 M $4.757 M $4.645 M $4.944 M $5.395 M
Retained revenue (sale of goods & services, investment income, etc) $702,000 $598,000 $678,000 $687,000 $681,000
Expenditure $5.024 M $5.375 M $5.471 M $5.655 M $6.094 M
* We changed our measure to include Criminal Trial Courts Bench Book updates in Research and sentencing: see p 36.
148 Judicial Commission of NSW Annual Report 2010–11