Diverstiy Audit Report - Family Court of Australia

& 

National Cultural Diversity Committee 

FAMILY 

COURT 

of 

AUSTRALIA 

&Diversity Audit Report 

Recommendations

ii 

FAMILY COURT OF AUSTRALIA ~ National Cultural Diversity Committee 

Contents 

Acknowledgments 

Abbreviations 

iv 

iv 

1 EXECUTIVE SUMMARY 1 

1.1 Introduction 1 

1.2 Summary of Findings and Recommendations 1 

1.3 Access 2 

1.4 Equity 4 

1.5 Communications 5 

1.6 Responsiveness 7 

1.7 Effectiveness and Efficiency 8 

1.8 Accountability 10 

1.9 Issues of Implementation 11 

2 OUTLINE OF THE PROJECT 13 

2.1 Project Background 13 

2.2 Terms of Reference 15 

2.3 Objectives of the Project 16 

2.4 Methodology 16 

2.5 Reporting the Findings 20 

3 LITERATURE REVIEW 21 

3.1 The Australian Context on Issues of Access and Equity 21 

3.2 International Context 26 

3.3 Family Court of Australia Studies and Reports 29 

3.4 Relevant Data Available 32 

4 DEVELOPMENT OF STANDARDS 33 

4.1 Workshop to Identify Establish Draft Standards 33 

4.2 Standards and Measurement 33

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Diversity Audit Report Recommendations 

iii 

5 STAFF CONSULTATIONS AUDIT – KEY FINDINGS 36 

5.1 The Consultation Process 36 

5.2 Current Services Provided to Clients from Diverse Communities 37 

5.3 Limitations to Access 39 

5.4 Equity of Outcomes 43 

5.5 Communication Issues 45 

5.6 Staff Awareness of Diversity Issues 48 

5.7 Enhancement of Staff Capacity 50 

5.9 Areas for Improvement 52 

6 COMMUNITY CONSULTATIONS 56 

6.1 Outline of the Community Consultations 56 

6.2 Benefits of Client Consultations 56 

6.3 Findings 57 

6.4 Lack of Awareness of the Court 57 

6.5 Fear of the Court 58 

6.6 Only Negative Outcomes 59 

6.7 Areas for Improvement: Community Education and Information 60 

6.8 Other Suggestions for Improvement 61 

7 CONSIDERATION OF KEY ISSUES 62 

7.1 Preliminary Considerations 62 

7.2 Elements of Implementation 63 

7.3 Issues of Staff Consultation 63 

7.4 Role of the Court 65 

7.5 Consultations, Client Feedback and Continuous Improvement 66 

7.6 Human Resources 66

iv 


Acknowledgments 

Report prepared for the Family Court National Cultural Diversity Committee by: 

Jan Cossar & Maria Dimopoulos and MyriaD Consultants 

This research project would not have been possible without the assistance of the following 

people: 

 

 

 

 

 

 

National Cultural Diversity Committee members; 

Family Court Staff and Managers; 

All the participants from the relevant communities who agreed to participate in the 

focus groups, and gave so generously of their time; 

The Parramatta Migrant Resource Centre and the Ethnic Communities Council of 

Victoria for organising and hosting the two community forums; 

Justice Buckley, Justice Mushin, Justice Flohm, and Justice Dessau for their invaluable 

advice and input. 

Library staff for their assistance with the literature search. 

We would particularly like to thank the Project Manager, Ms Susan Hume for providing 

ongoing expertise, advice and direction. Her assistance throughout this project ensured its 

successful completion. 

Jan Cosser 

Marian Dimopoulos 

Abbreviations 

ABS 

AMES 

ATSI 

DIMA 

ECCV 

FCoA 

LOTE 

NESB 

Australian Bureau of Statistics 

Adult Multicultural Education Services 

Aboriginal and Torres Strait Islander 

Department of Immigration and Multicultural Affairs 

Ethnic Communities’ Council of Victoria 

Family Court of Australia 

Language other than English 

Non English speaking background

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1 

1 Executive Summary 

1.1 Introduction 

The Family Court of Australia (FCoA) has had a long interest in, and commitment to the 

provision of services to meet the needs of its culturally diverse clients. There have been many 

initiatives undertaken over the years. 

However, the Court has recognised that the various initiatives that it has been undertaking have 

not always been uniformly adopted or well understood across all locations. As such, at the first 

meeting of the National Ethnic Awareness Committee it was decided that it was important that 

the Court review its progress in the area against benchmarks set by Government policy and 

best practice in a wide range of organisations. It was also agreed that the Court needed to 

establish a framework for developing strategies to improve the Court's services to ethnic and 

culturally diverse Australians. 

In undertaking the Project, the Court has demonstrated a willingness to engage in critical selfexamination 

in relation to the way, in which it has, and is currently delivering services to its 

diverse client groups, in an effort to ensure continuous quality improvement. 

The highly consultative, and Court specific methodologies used by the audit process have 

ensured that the outcomes of this highly successful project were grounded in the experiences 

and realities of both the Family Court management and staff and some of the communities and 

their representatives. 

The Family Court has an opportunity to seize the challenge and position itself as a leading edge 

Court, willing to embrace the idea that innovation, adaptability, diversity and client orientation 

have become the key behaviours of successful organisations. The imperatives of client 

satisfaction and the need to reshape strategies to ensure the delivery of distinctive responses to 

diverse client needs has been acknowledged by the Court as a priority. How the Court adopts, 

adjusts and responds to the challenge of diversity is vital. 

1.2 Summary of Findings and 

Recommendations 

The following summary of findings and recommendations from this Diversity Audit are listed 

according to the seven principles identified in the Department of Immigration and 

Multicultural Affairs’ (DIMA) Charter of Public Service in a Culturally Diverse Society. The 

DIMA Charter has been utilised in this study to assist in the establishment of specific draft 

standards for the Court, the structuring of the questions for the Diversity Audit and as a format 

for reporting the following findings and recommendations. 

As a result of undertaking this project the Court has raised the expectations of both its internal 

and external stakeholders. Court staff and community representatives anticipate that action

2 


will result as a consequence of this study to improve the quality of services for clients from 

diverse backgrounds. Therefore this executive summary has included a brief outline of 

implementation issues for consideration in anticipation of future action from this study. 

In addition to this cultural diversity audit the Court is involved in a number of other projects. 

These include the Family Law Pathways project, the Ethnic Liaison Officers Pilot Program, the 

Self-Represented Litigants project and the Family Consultants Program. From the information 

reviewed there appear to be a number of common issues emerging from these different 

initiatives. It is highly desirable that the Court considers the outcomes available from these 

different studies collectively and develops change strategies that integrate the lessons learned 

from these projects. 

In particular, note should be taken of the report compiled for the Court by the Ethnic Liaison 

Officers in the 2001 ‘Pilot Program Ethnic Liaison Officers with the Vietnamese and Chinese 

Communities’ and the "Opportunities for Change’ document they also wrote after 

consultations with Vietnamese and Chinese workers. There are a number of issues in these 

reports that parallel issues identified in this study. It is recommended that the issues and 

suggestions for change in these reports be reviewed as they add detailed feedback from two 

diverse communities which enhances the data of this audit. 

Where possible the following recommendations attempt to link diversity issues with other 

changes being considered by the Court in an effort to enhance efficiency and to integrate 

diversity into the core business of the Court. 

1.3 Access 

1.3.1 FINDINGS 

(i) 

Staff identified that there are a number of positive initiatives being undertaken by the 

Court to address the issue of increasing access for diverse clients. The initiatives 

identified included the provision of interpreter services, the Indigenous Family 

Consultants Program, the Interpreter Assisted Divorce List (Sydney) and the 

employment of the part-time Cultural Liaison Officers. Furthermore, it was emphasised 

by staff that they always try to provide a friendly and welcoming service to all clients 

in recognition of the often-stressful process associated with experiences at the Family 

Court. 

(ii) 

The physical structure of Court is described as imposing and impersonal. For clients 

this intimidating and unfamiliar environment can create barriers to access. Signage at 

the Court(s) is identified as a limitation to access. There are very few signs directing 

clients to the service they require, and none in languages other than English. The 

absence of personalised service for clients as they enter the Court to answer questions 

and to provide direction and support increases clients' alienation and anxiety.

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(iii) 

(iv) 

The complexity of the law including its unfamiliar terminology, the procedures and the 

overall processes reduce access and understanding. Some clients have to return 

numerous times to file their forms as they are incorrect or do not understand what to 

do. The lack of client knowledge of Australian Family Law, an understanding of the 

legal jargon and the complexity of procedures of the Court, makes accessing and 

negotiating the system very difficult. Some clients are also very fearful of the law and 

courts because their previous experiences have been traumatic. 

The provision of interpreting services for counselling, mediation and during hearings 

was considered the most significant service provided to enhance access to the Court. 

Utilisation of interpreters within the Court (using data from a report to the Sydney 

Registry Manager on 25 February 1999) revealed that the Judiciary used the greatest 

percentage of interpreting services (35%) within that Court followed by counselling 

services (25%), then the registrars and judicial registrars (17.5% and 16% respectfully) 

and the deputy registrars (6.1%). Importantly the counter staff utilised only 0.4% of 

total interpreter service costs. This last statistic is significant as obviously counter staff 

engage with many, if not all of the Court’s clients, yet rarely utilise interpreting services 

(including telephone interpreters) as it is not possible to anticipate in advance who will 

require interpreters and obtaining a suitable interpreter quickly is time consuming and 

involves delays. 

1.3.2 RECOMMENDATIONS 

(i) 

That the Court working party currently looking at waiting areas also explore options to 

make the physical environment of the Court more welcoming and inclusive by using 

visual representations to reflect Australian diversity (in its broadest sense); and, that 

this group also review the recommendations from the ‘Opportunities for Change’ 

report which make suggestions about using international symbols and an information 

officer, especially as they enter the Court. 

(ii) 

(iii) 

That options to assist diverse clients better understand the complexity of Australian law 

are linked to the self-represented litigant project. This project is presently looking at 

ways of simplifying some of the procedures and ways to provide information in a more 

understandable form. 

That the improvements to the provision of information to clients from diverse 

backgrounds should be linked to the Pathways project, which is currently in the 

process of identifying an information product to go out to all Court clients. It is 

important that the findings of this study are fed into any changes being considered as 

a result of the finding and recommendations of that project. It is essential that there 

be recognition of the diversity of the Court client group and that this diversity guides 

the development of any of its future services.

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1.4 Equity 


(i) 

The Court does not collect data from clients about their ethnicity, country of birth or 

language/s spoken. As a result there is no quantifiable data available about the range 

and number of clients from different communities who utilise the Court and its 

services. This lack of data has implications for planning services as information is not 

available to assess which groups require translated or specialised services. The only 

data available to assist planning is the number of interpreters utilised by different 

sections within registries. The limitation of this data is that it reveals who has used the 

service but there is no comparative data to analyse the extent to which this is a true 

reflection of those who access the Court. The concern is that specific clients could be 

missing out on services or ‘falling through the net’ and data is not available to confirm 

or challenge such assumptions. 

(ii) An analysis of ABS data on Marriages and Divorces for the years 1996, 1998 and 1999 

revealed that in 1996, 44% of divorces were granted to couples where either one or 

both partners were born in an overseas county. In 1998 this figure was 43% and in 

1999 it was 42%. Details of language/s spoken were not available from the ABS but 

these statistics clearly indicate clients from diverse communities make up a 

considerable proportion of the Court’s client population and, as such, services to these 

groups should be regarded as a core component of the Court’s business. 


(i) 

That the Court regards clients from diverse backgrounds as a component of its core 

business and that this recognition is reflected in all service planning and delivery. 

(ii) 

That data is collected from all Court clients relating to their ethnicity, country of birth 

and language/s spoken and such data be analysed and used to inform service planning 

and delivery. It is important to provide support and training to the Court staff 

collecting this information to ensure that they have the confidence and are skills to be 

sensitive and aware of about potential breaches of client privacy. It would be 

beneficial to the Court to investigate how other service agencies have addressed this 

issue of privacy.

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1.5 Communication 


(i) 

Lack of communication within the Court itself appears to be an issue with a number 

of staff saying they were not aware of initiatives or services provided by the Court. An 

example of lack of staff knowledge that impacts directly on clients’ access to the Court 

is most staff did not know there was a translation facility available on the Court's web 

site in various languages that clients could access. This lack of knowledge by client 

service staff about information and resources that have been developed indicate a lack 

of internal communication within the Court. 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

Concern was expressed that the development and circulation of new resources and 

materials in the past (this role is now the responsibility of the National Support Office) 

has been undertaken in an ad hoc manner and was not well coordinated. There also 

appears to have been a lack of communication and consultation within the Court 

about the needs of clients. This lack of communication and organisational 

coordination probably has resulted in clients at different registries have receiving 

different information and services. 

A number of the services that communicate information to clients from diverse 

communities are inappropriate or are in need of updating. Written materials, video 

and audiotapes that are translated into various languages are said to be out of date in 

most cases. Compulsory client information sessions outlining the role and services of 

the Court are usually only held in English yet clients who do not understand English 

are still required to attend and sit through these meetings. 

Although there were some examples provided of the Court's participation in a number 

of community initiatives, staff and community perceptions suggest that this has not 

been done in a consistent and planned way. Staff perceives that the Court has 

consciously remained separate from community organisations in the past. Staff within 

the Court report they are unaware of services that existed in their local area for clients 

from diverse backgrounds and do not know of the types of services provided by other 

government agencies. As a result they cannot confidently refer or advise clients of 

such services as Centrelink or the Migrant Resource Centres. 

There is a significant lack of basic awareness and understanding within culturally 

diverse communities about the role of the Court and the services it provides. 

Community representatives report that this lack of basic knowledge also means that 

incorrect perceptions can develop about what the Court does, increasing confusion 

and thereby reducing even further people's access to services. 

For a number of people from culturally diverse backgrounds there can be substantial 

stigma and a lot of fear associated with divorce and ‘going to Court’, especially for 

people from refugee communities who may have experienced abuse previously by 

government and/or legal authorities.

6 



(i) 

That the Court provides information and training for community workers about the 

purpose and services the Court. This strategy should focus on developing institutional 

knowledge within diverse communities about the work of the Court. This approach is 

based on the model of the Indigenous Family Consultants and the work they undertake 

in facilitating links and creating community capability as an example of good practice. 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

That if a Court client does not speak and understand English then alternative options 

to attending the compulsory information session should be arranged by the Court. This 

alternative form of information provision needs to be clearly developed by the Court 

in ensure equity of service. 

That the Court considers the application of quality assurance mechanisms in the 

development of all communication and information strategies for clients. 

That the Court develop a process for testing and piloting material with the assistance 

of specialist diversity communicators to ensure the information being produced by the 

Court is culturally appropriate. 

That the Court develop a distribution strategy that incorporates various methods of 

dissemination of information, such as the use of community radio and newspapers. 

That community engagement is recognised by the Court as an important activity for its 

staff to undertake. It is necessary for the Court to develop a strategy to encourage staff 

to make links with the community and that this activity be linked to the performance 

development of staff.

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1.6 Responsiveness 


(i) 

Service quality is affected by time pressures and case flow targets. Resource cutbacks 

(that have occurred in recent times) continue to have an impact on staff’s ability to spend 

the necessary time with clients who require additional assistance, and these are often 

clients from diverse communities. Long waiting times can be experienced by clients 

seeking information at the registry counter or over the telephone. Clients from diverse 

communities often are asked to return with a family member or friend who can speak 

English as interpreters cannot be organised and most counter staff are not bi-lingual. 

(ii) 

(iii) 

The Access to Justice Advisory Committee in 1995 noted that one of the major issues 

facing people from culturally and linguistically diverse backgrounds in achieving 

equality before the law as…"courts and court officials need to develop greater crosscultural 

awareness in order to avoid unconscious bias against people from non-English 

speaking backgrounds". The Committee recommended that Governments should 

continue to provide resources and other support for the development and provision of 

continuing education programs for the judiciary and relevant court staff concerning 

awareness of gender and cultural issues, including the use of interpreters. 

The levels of staff awareness of cultural and linguistic diversity vary greatly throughout 

the Court. It was reported that many staff made genuine efforts to assist clients from 

diverse communities but time pressures, inadequate resources and a lack of available 

interpreters meant some clients leave the Court without a satisfactory outcome. Very 

few staff had been involved with cultural awareness training or training on how to 

effectively work with an interpreter. 


(i) 

That the Court develop an integrated training program for staff with an initial focus on 

the provision of cultural awareness training, skills training to assist staff effectively 

work with interpreters and training techniques to obtain ethnicity data from clients in 

a sensitive and an appropriate manner. 

(ii) 

(iii) 

(iv) 

That Court staff should not ask clients who cannot speak English to return with 

someone who does (speak English) before they can receive a service. The Court needs 

to identify appropriate service options to assist the client and ensure these procedures 

are recorded into staff manuals and training. (The City of Greater Dandenong has 

developed procedures for their staff to follow relating to this issue and the Court could 

review their procedures and modify accordingly to meet the needs of the Court). 

That the Court include issues of diversity in its orientation package for staff and details 

of the resources available to assist staff to appropriately refer clients to community 

services and programs. 

That the National Diversity Committee consider reviewing various good practice 

examples provided by a range of agencies in relation to programs and activities 

undertaken to increase access to clients from diverse communities.

8 


1.7 Effectiveness and Efficiency 


(i) 

The recent Report on Government Services 2001 in reviewing the effectiveness and 

efficiency of court administration services across Australia, outlined the framework of 

performance indicators which is based on a number of common objectives for court 

administration services. 

The objectives listed were: 

to be open and accessible; 

to process matters in an expeditious and timely manner; 

to provide due process and equal protection before the law; and 

to be independent yet publicly accountable for performance 

Four of the key performance indicators identified were quality, affordability, timeliness 

and access. Such studies can be useful in exploring measures against which to assess 

the performance of the Court. 

(ii) 

(iii) 

(iv) 

Clients who are unrepresented, do not speak English, who are illiterate or have minimal 

education, or have a psychiatric disability are perceived by staff to be more likely to 

suffer a less equitable outcome from their involvement in the Court. 

The Court does not currently have mechanisms in place to plan or measure the 

effectiveness of the services it provides to clients from diverse communities in any 

systematic or ongoing way. Data relating to clients' cultural background, country of birth 

or languages spoken is not collected by the Court, so it is not possible to develop 

benchmarking for comparability of different groups in terms of access, service take-up, 

benefits or outcomes. 

The New Jersey Judiciary Committee (1990) in developing its Standards of Practice 

emphasised the need to recruit and train bilingual staff as a critical component of its 

access strategy: 

"A vigorous and aggressive recruitment and hiring process to fill vacancies with 

bilingual staff is needed. The effort will provide the public, as users of court 

services, a system that is accessible, fair and just in all aspects” 

(v) 

(vi) 

Only one staff member within the Court is accredited as a bi-lingual worker and as such 

receives an allowance for this additional competency. 

There is minimal interagency referral or advice undertaken by Court staff due to lack of 

knowledge or information about other community or government services and an 

uncertainty about the appropriateness of such actions.

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(i) 

That the Court actively explores the employment of bilingual staff and counsellors as 

strategy in its recruitment and selection practices. 

(ii) 

(iii) 

(iv) 

(v) 

(vi) 

That the Court encourage more bilingual staff to become accredited as a language aid 

and/or an interpreter and that staff be aware of the allowance provided in the certified 

agreement for such a qualification. It is important to highlight to Court staff and clients 

the status of the staff member as either a language aid or interpreter and the difference 

between the two roles. 

That from a long term planning approach, Court staff be encouraged and supported to 

learn another language/s. 

That suitable community references and resources (such as the Victorian Multicultural 

Commissions' Directory) be obtained and reviewed and the most suitable referral 

resources be provided to Court Staff. 

That Court staff are provided with training and information to develop their 

competencies to suitably refer Court clients to community services. This could include 

a visit by staff to the most relevant agencies to enhance their understanding of the 

services these agencies provide. 

That the Court library make relevant resources available for staff. The library 

traditionally has been a service for professionals and the judiciary. However, from an 

organisational perspective, it is critical that the Court support knowledge sharing 

across all aspects of the Court, including counter staff.

10 


1.8 Accountability 


(i) 

(ii) 

(iii) 

The Court presently does not consult with diverse communities in its service design and 

review processes or the development of new resources. 

There is no strategic or operational plan guiding development and continuous 

improvement of services for clients from diverse communities. 

Family Law Pathways Advisory Group report (2001) outlines the various pathways 

available to families experiencing separation. The Advisory Group consulted widely and 

has made 28 recommendations for change. Specifically in relation to diverse 

communities the Advisory Group reports that Australians from different cultural 

backgrounds face particular barriers and that there is a lack of cross-cultural awareness 

among court personnel, government agencies and other service providers. Non-English 

speakers are disadvantaged by the lack of interpreter services at all levels of their 

interaction with the system, and the lack of information and materials available in 

languages other than English. The key findings and recommendations of the Report 

further reinforce the need for issues of access and equity to be integrated into the core 

business of organisations. 


(i) 

That a client service improvement framework, incorporating issues of diversity, be 

developed and driven within Client Services. 

(ii) 

That a clearly identified position and process (adequately resourced) be established 

within the Court to progress the implementation of this study.

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1.9 Issues of Implementation 

This project provides the Court with an opportunity to continue to enhance its service delivery 

to diverse client groups. The process has enabled the Court to identify the strengths of existing 

initiatives, weaknesses and some areas for improvement for the purposes of strengthening the 

Court's efficiency and effectiveness in providing quality services to its diverse client base. 

A number of themes have emerged from both the staff and the community consultations, in 

addition to the review of internal documentation, all of which are inextricably linked. Much 

of the discussion relates to broader, longer-term issues for the Court's consideration. Other 

suggestions however, are more immediate and about good practice and can be achieved with 

minimal effort, and will assist staff in their day to day dealings with diverse client groups. 

Whilst many of the issues discussed raise areas for improvement, it must be acknowledged that 

good practice examples of innovative and highly effective strategies for ensuring the inclusion 

of diverse clients and communities were raised during the staff consultations. Clearly, these 

examples of good practice need to be consolidated and utilised across the Court's Registries 

as a guide to other staff. 

It is important that any action plan and implementation of recommendations be grounded in 

the experience of both Court staff, and the communities who access the Court, and owned by 

those translating policy into practice. Indeed the suggested improvements provided by staff and 

communities provide the Court with exciting opportunities for working towards the creating of 

a quality organisation that continuously improves and sustains performance. 

1.9.1 IMPLEMENTATION STRATEGY 

Clearly the National Cultural Diversity Committee is well placed to assist the Court in the 

development of effective and innovative strategies to implement diversity strategies across the 

whole of the organisation. Its leadership will be vital. 

The importance of a well-developed and realistic Implementation Strategy that identifies 

appropriate processes and timeliness cannot be underestimated. The Committee is ideally 

situated to champion the implementation. However, it is critical that the Committee carefully 

assesses the extent to which it has the necessary support and infrastructure to enable this to 

take place in a planned and coordinated fashion. 

There are implications that emerge from the findings that suggest the need for a specific 

allocated position that might assist the Committee to undertake the effort required in a more 

consistent manner. This might assist also in steering the Court towards an organisational culture 

that integrates diversity considerations into the core of its business.

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1.9.2 ELEMENTS OF IMPLEMENTATION 

There is a need to develop an effective implementation plan that seeks to address the issues 

raised during the Project. In developing such a plan, the following needs to be considered: 

 

 

 

 

 

 

 

 

that the need for a Diversity Client Strategy is accepted and the imperatives for change 

are understood throughout the Court; 

that the benefits of diversity are translated in meaningful terms to staff and 

management; 

that the strategy is congruent with the Family Court's organisational values and goals; 

that links with current relevant Court initiatives are established; 

that clear links with a Diversity Strategy and a quality service and performance are 

established; 

that the change process is supported and ‘owned’ by senior and middle management 

within the Court; 

that the skills acquisition requirements of staff in implementing a diversity strategy in 

their core business are carefully assessed and appropriate; resource and training 

strategies are subsequently developed; and 

that a renewal plan for maintaining the gains, planning future actions and continuous 

improvements is established. 

In developing an Implementation Plan, due consideration also needs to be given to the range 

of issues raised during the consultative phase of this project. The following pages in this report 

detail the research methodology, the literature review undertaken and the results of 

consultations with stakeholders that have inform the body of this executive summary.

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2 Outline of the Project 

2.1 Project Background 

"The Court, in undertaking this project will position itself well for the future by having 

clear and readily available information about our client base; by being able to measure 

the outcomes of improvement strategies against baseline/benchmark data and by 

strengthening relationships with the ethnic and Indigenous communities. The project 

will improve client service by ensuring that our services are planned and delivered 

with cultural diversity considerations in mind." 

Justice Buckley - Chair, National Cultural Diversity Committee 

Delivering quality services and programs to linguistically and culturally diverse communities 

is a growing challenge for service providers and professionals in a range of sectors, including 

the Courts. Organisations today are increasingly accountable for outcomes. They are required 

to deliver accessible, culturally appropriate, quality services that meet the needs of our 

culturally and linguistically diverse communities. Increasingly, there is an expectation that 

serving diverse client groups must become an integral service value and a part of mainstream 

management processes. 

The Family Court of Australia (FCoA) has had a long interest in, and commitment to, the 

provision of services to meet the needs of its culturally diverse clients. 

There have been many initiatives undertaken over the years. Some examples are: 

the provision of a wide range of written and audio materials in a range of languages; 

training programs on family law issues provided to community workers specialising in 

working with ethnic communities; 

 

 

 

the employment of two community workers within the Court to establish and 

strengthen links with the Vietnamese and Chinese communities; 

the formation of reference groups with representatives from a variety of cultural 

backgrounds to give guidance to the Court in ensuring its services are accessible and 

relevant; 

the provision of funded interpreter services for all Court events. 

These examples, as well as many others, show that the Court has long been aware of the fact 

that if specific actions and measures are not in place, then there is a risk that clients with 

diverse cultural backgrounds could experience barriers to accessing its services. 

However, the Court has recognised that the various initiatives that it has been undertaking have 

not always been uniformly adopted or well understood across all locations. Furthermore, it

14 


was identified that there were differences in the Ethnic Committee structures that were 

established at registry level. The Victorian Committee (under Justice Mushin) was particularly 

active and sponsored a wide range of initiatives, some of which were then subsequently taken 

up at a national level. 

In January 2001, Justice Buckley made the decision that there needed to be a national 

committee to oversee this area, and to ensure that there was a nationally consistent approach 

to meeting the needs of culturally diverse clients. The aim was to draw in the work that had 

been done previously by State committees under the one umbrella group. 

At the first meeting of the National Ethnic Awareness Committee it was decided that it was 

important that the Court review its progress in the area against benchmarks set by Government 

policy and best practice in a wide range of organisations. It was also agreed that the Court 

needed to establish a framework for developing strategies to improve the Court's services to 

ethnic and culturally diverse Australians. 

The National Committee's plan for a National Cultural Diversity Project was endorsed at the 

February 2001 meeting of the Chief Justice’s Consultative Council. 

In undertaking the Project, the Court has demonstrated a willingness to engage in critical selfexamination 

in relation to the way in which it has, and is currently delivering services to, its 

diverse client groups, in an effort to ensure continuous quality improvement. 

The highly consultative, and Court specific methodologies used by the audit process have 

ensured that the outcomes of this highly successful project were grounded in the experiences 

and realities of both the Family Court management and staff and some of the communities and 

their representatives. 

Through the Project, the Court has been able to examine areas of client services and Court 

operations that could benefit from refinement and improvement, and more importantly build 

on some of the initiatives already being implemented by the Family Court. The Project has 

provided opportunities to document and further develop an organisational culture committed 

to providing high quality service in a diverse context. 

The Family Court has an opportunity to seize the challenge and position itself as a leadingedge 

Court, willing to embrace the idea that innovation, adaptability, diversity and client 

orientation have become the key behaviours of successful organisations. The imperatives of 

client satisfaction, and the need to reshape strategies to ensure the delivery of distinctive 

responses to diverse client needs, has been acknowledged by the Court as a priority. How the 

Court adopts, adjusts and responds to the challenge of diversity is vital. Furthermore, the role 

of the National Cultural Diversity Committee, and the manner it which it is resourced in a 

systemic and co-ordinated way, becomes essential.

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2.2 Terms of Reference 

The terms of reference for this project were to: 

 

 

 

develop standards that will provide a guide to good practice in service delivery to 

ethnic and indigenous clients and communities; 

undertake an audit against these standards across four of the Court’s service delivery 

areas, and 

provide recommendations for strategies to improve service delivery to ethnic and 

indigenous clients and communities. 

2.2.1 DEVELOPMENT OF STANDARDS 

The standards were to be developed to reflect the service principles set out in the Federal 

Government’s Charter for Public Service in a Culturally Diverse Society. The Charter operates 

within an agency's management culture and is aimed at affecting a change in the way 

managers and staff do business. Its purpose is to help integrate cultural diversity considerations 

into the corporate management processes of service delivery, both at the level of policy 

development, and service delivery. The Charter is based on the values of inclusiveness and 

participation. 

The seven principles identified in the Charter are: 

1 Access 

2 Equity 

3 Communication 

4 Responsiveness 

5 Effectiveness 

6 Efficiency 

7 Accountability 

It was expected that the standards developed would reflect a shared view of good practice 

across the Court and allow the Court to conduct a sample audit to benchmark its current 

position in terms of best practice service delivery.

16 


2.3 Objectives of the Project 

The objectives of the audit process involved a review of the Court’s environment and service 

delivery in terms of issues and practices that facilitate or inhibit best practice in service delivery 

to ethnic and indigenous clients. The outcomes of the process would then inform a series of 

recommendations for strategies to improve the level of service delivery to diverse clients and 

communities. 

The National Cultural Diversity Committee also anticipated a number of additional objectives 

and outcomes, which include: 

 

contributing to the minimisation of risk to the Court by ensuring that the organisation 

delivers services to everyone who is entitled to them free of any form of discrimination, 

irrespective of a person’s country of birth, language, culture, race or religion; 

 

 

 

increasing the profile and standing of the Court by demonstrating in qualitative and 

quantitative information the Court’s responsiveness to the gGovernment’s Charter of 

Public Service in a Culturally Diverse Society; 

potentially increasing the output of the Court by making the processes more efficient 

and effective to the Court's diverse client group; 

potentially delivering savings to the Court by taking an approach that first determines 

appropriate standards and then audits the Court against these standards. Savings 

would be realised in terms of prioritising intervention strategies to areas of greatest 

potential and need. 

2.4 Methodology 

An important philosophical underpinning and informing the project design was the need to 

ensure ownership, commitment and support from senior levels within the Court. The support 

and commitment expressed from senior levels of Court administration and the Judiciary was 

critical to the success of the initiative, as was the commitment and support provided by the 

National Cultural Diversity Committee and the Reference Group. 

The design of the methodological approach seeks to acknowledge the importance and 

uniqueness of the legal system and issues of access and equity. In many ways this is a 

pioneering attempt to use a series of performance frameworks and standards and apply them 

to the specifics of court functions. Indeed the methodology itself can be described as 

constituting a good practice approach to addressing the specifics of access and equity within 

the court context.

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17 

The consultants' approach to the project was informed by the following principles: 

 

 

 

that the audit process should be an empowering one and undertaken in such a way as 

to result in a transfer of learning to the service; 

that participatory structures and processes are utilised to ensure effective 

communication between key stakeholders; and 

that the outcomes of the audit readily lend themselves to effective implementation. 

The terms of reference were addressed by the following methodology, which consisted of the 

collection of primarily qualitative and some quantitative data comprising the following 

components: 

 

 

 

 

 

 

 

 

 

literature review; 

examination of internal reports and documents; 

workshop sessions with Project Reference Group; 

regular meetings with project manager; 

two community forums; 

staff focus group meetings at four of the Court registries; 

focus Group with indigenous consultants; 

individual interviews; 

data analysis preparation of project report. 

The consultants have analysed the data collected at all stages of the project. This report 

describes the project findings and outlining recommendations. 

It is important to note that the audit processes concentrated primarily on court administration 

as opposed to judicial decision-making. Whilst these issues that are undoubtedly related, the 

starting point for this review is that court administration provides a range of services that are 

integral to the effective performance of the judicial system. 

2.4.1 LITERATURE REVIEW 

The consultants undertook a review of national and international materials relevant to the aims 

and objectives of the project. This was done to obtain an overview of current developments 

in the area, and to assess existing good practice examples of implementing the Charter. Section 

3 details the outcomes of this review in some detail.

18 


2.4.2 INTERNAL REPORTS AND DOCUMENTS 

Both the FCoA Library staff and the project manager, Susan Hume, assisted the consultants in 

locating relevant internal documents and reports. The primary resources consulted included 

the following: 

Family Court of Australia Annual Report - 1999-2000 

Family Court Strategic Plan 2001 

 

 

 

 

Family Court Website 

Aboriginal and Torres Strait Islander Family Consultant Program 

Report of the Futures Direction Committee 

Strategic Planning Conference - 26-29 July 1998 (Values Creation Group) 

Liaison Project Between the Court and Community Based Agencies - Jan 1999 

Survey of Family Client Perceptions of Service Quality - March 1999 

Survey of Practitioners' Perceptions of Service Quality - March 2000 

2.4.3 REFERENCE GROUP WORKSHOP 

In line with the commitment to ensure that the project was informed by principles of inclusion 

and participation, a Reference Group comprising of both Court and community representatives 

was established. 

A workshop at the beginning of the project was held to seek input and advice in relation to: 

interpretation of the Charter principles and their applicability to the Court and its 

processes; 

 

 

the draft standards that will guide the conduct of the audit; and 

a representative sample of both internal and external stakeholders to be consulted. 

Draft standards were subsequently developed as an outcome of the workshop and distributed 

for comment to Reference Group members. These standards provided the broad framework 

for the audit process. 

2.4.4 COMMUNITY FORUMS 

It is noted that client feedback in relation to the design and delivery of services is increasingly 

being recognised as an integral part of any model of quality assurance systems. By focusing 

on clients, organisations are able to better target their priorities and expenditures, plan 

strategically, improve productivity and efficiency, and rationalise services and operations 

accordingly and appropriately.

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19 

Although limited, the consultants therefore sought to ensure that external 'client' participation 

and responses were integrated into the audit process. As such, two community focus groups 

were conducted, one in NSW and one in Victoria. These were organised and hosted by the 

Parramatta Migrant Resource Centre (NSW) and the Ethnic Communities Council of Victoria. 

Approximately 50 people representing a wide range of diverse communities attended these 

groups. Justice Flohm and Justice Mushin attended the two sessions respectively. 

These two forums proved to be mutually beneficial for the project outcomes, as well as for 

those attending. In the first instance, the forums provided the project with an insight into the 

perceptions (and at times, misconceptions) which exist in ethnic communities about the 

Court's role and function, and the range of barriers as experienced by diverse communities, 

that often prevent access to the Court's services. Justices Flohm and Mushin also provided 

participants with relevant information about the structure and services of the Court of which 

most participants were not previously aware. Indeed several unintended, but exciting 

outcomes eventuated. This included a commitment by the Parramatta Migrant Resource 

Centre to explore the possibility of translating the "Family Court Book", and plans by the Ethnic 

Communities Council of Victoria to conduct a mock court hearing in co-operation with the 

Family Court. 

2.4.5 STAFF FOCUS GROUPS 

Fifteen focus groups were conducted in the four registries nominated in the Terms of Reference 

(Sydney, Parramatta, Melbourne and Dandenong). The groups were held over a period of four 

days within the same week. 

At the completion of these focus groups, a total of 91 staff had been involved. 

Attendance at the Focus group meetings, although encouraged by Registry Managers, was 

voluntary. 

The focus group discussions were semi-structured, allowing for greater interaction of 

participants and increasing the capacity of the facilitator to explore and elicit a range of 

different perceptions and attitudes on specific issues. 

The focus group discussions stimulated staff reflection on service delivery issues as they related 

to diverse client groups, and provided an opportunity for them to hear each other's 

experiences and opinions. 

The issue of confidentiality of participants’ views was crucial in this study. In order to obtain 

genuine thoughts and perceptions in relation to sensitive topics all participants must feel 

comfortable to speak their mind without risk of identification. 

Staff also expressed the hope that the outcomes of their contribution would be shared with 

them. It is important that the Committee consider ways in which it might ensure that feedback 

in relation to the process and its outcomes is provided to all staff who participated.

20 


2.4.6 FOCUS GROUP WITH INDIGENOUS CONSULTANTS 

The consultants conducted a focus group discussion with five of the Indigenous Family 

Consultants during the recent Family Court Conference. Whilst some of the issues raised were 

similar to those expressed by the general staff focus groups, many of them were specific to the 

experiences of the Consultants. It was recognised that the limitations of the project parameters 

precluded a more comprehensive review of the Indigenous Family Consultant Program, and 

that this was more appropriately undertaken by another more focused review process. 

Nevertheless, this report seeks to incorporate some of the issues raised. 

2.4.7 LIMITATIONS OF THE STUDY 

Whilst every effort was made to ensure that the process was as comprehensive as it possibly 

could be, the limitations of time and resources inevitably impact. Whilst the project was to 

also include indigenous client groups, insufficient resources prevented the consultants from 

undertaking anything more than a cursory overview of the Family Consultant Program, and 

some internal Court documents and data. 

2.5 Reporting the Findings 

The focus group discussions have provided a wonderfully rich source of qualitative data. Every 

effort has been made to ensure that the contributions made are noted with integrity. As such, 

participants' quotes are used where possible to illustrate the issues highlighted. It is important 

that as much as possible, the input of staff is described in a way that reflects their day to day 

realities, and the stresses and constraints that impact on their capacity to deliver services.

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21 

3 Literature Review 

3.1 The Australian Context on Issues of 

Access and Equity 

3.1.1 AUSTRALIA'S DIVERSITY 

Australia is one of the most culturally and linguistically diverse communities in the world. The 

indigenous communities of Australia are characterised by a great deal of diversity in culture, 

language and customs. Overseas migration has played a key role in shaping Australia as one 

of the world's most culturally diverse nations. In the 1996 census, people named nearly 200 

countries of birth. It is estimated that around 42% of Australia's population was born overseas 

or has at least one parent born overseas. In 1996, 16% of the total population aged five and 

over spoke other languages at home. Of these, 74% were overseas born and 26% Australian 

born (most likely Australian born children of migrants). 

Australia's diverse communities are, of course, not homogeneous, but rather are characterised 

by a great deal of difference. Other variables such as social class, gender, regional difference, 

age, education, category of migration or humanitarian entry, religion, years of settlement etc 

should also be considered when assessing issues of access and equity. 

3.1.2 POLICY OF ACCESS AND EQUITY 

The concept and policy of Access and Equity was first formerly introduced by the Australian 

Commonwealth Government in 1985. Since that time the strategy has undergone a number of 

significant changes. The "Fair Go for All" Report, presented in 1996, criticised the concepts of 

access and equity as unclear and confusing. The Report recommended that the concepts be 

clarified and that standardised measures of outcome performance be developed. 

3.1.3 THE CHARTER 

The Charter of Public Service in a Culturally Diverse Society was launched by Federal 

Immigration and Multicultural Affairs Minister Philip Ruddock on 14 July 1998. It was initially 

developed by the Office of Multicultural Affairs (OMA) in the Department of the Prime Minister 

and Cabinet, and later by the Department of Immigration and Multicultural Affairs. The 

Charter draws its rationale from Australia's multicultural policy, which was updated in 

December 1999 as the Commonwealth Government's statement: A New Agenda for 

Multicultural Australia. 

The Charter represents a new approach to access and equity. It places the emphasis on 

building cultural diversity considerations into the strategic planning, policy development, 

budgeting and reporting processes of government service delivery. The Charter summarises 

seven principles central to the design, delivery, monitoring, evaluation and reporting of quality 

government services in a culturally diverse society.

22 


The seven principles are: 

1 Access 

Government services should be available to everyone who is entitled to them, 

regardless of where they live, and should be free of any form of discrimination on the 

basis of birthplace, language, culture, race or religion. 

2 Equity 

Government services should be delivered on the basis of fair treatment of clients who 

are eligible to receive them. 


Government service providers should use strategies to inform eligible clients of 

services and their entitlements, and how they can obtain them. Providers should also 

consult with the community regularly about the adequacy, design and standard of 

government services. 


Government services should be sensitive to the needs and requirements of different 

communities, and responsive to the particular circumstances of individuals. 


Government service providers must be ‘results oriented’, focused on meeting the 

needs of clients from all backgrounds. 

6 Efficiency 

Government service providers should optimise the use of available public resources 

through a user-responsive approach to service delivery which meets the needs of 

clients. 


Government service providers should have a reporting mechanism in place which 

ensures they are accountable for implementing Charter objectives for clients.

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23 

3.1.4 AN INTEGRATED STRATEGY 

The Charter strongly argues that these ends will only be achieved by means of an integrated 

strategy which: 

 

 

 

sets an agenda for servicing a diverse society at the heart of public sector management 

reform, including strategic planning and the development of Customer Service 

Charters; 

operationalises these management principles through the development of a sensitive 

and flexible, customer-oriented ethos (this requires a change in organisational culture, 

based on good leadership and assisted by training); and 

monitors the results, ranging from detailed measurement of client satisfaction and to 

broader processes of evaluation and audit which make public sector organisations 

accountable for their effectiveness and efficiency in meeting the needs of a diverse 

clientele. 

Since 1997, progress on implementing the Charter has been reported in access and equity 

annual reports. These reports are tabled in Parliament. Each Department is required to report 

against the measures provided by the Charter. The priority given to encouraging greater 

relevance and improved accountability in the area of customer service led to the introduction 

of the Customer Service Charter. 

In May 2000, DIMA convened a newly established Interdepartmental Committee (IDC) on 

Multicultural Affairs. The IDC established a working party to refine and test the Charter's 

performance management framework. The framework broadens the scope of the Charter 

beyond the service provider function, to include the role of the policy adviser and employer. 

It also prompts managers to focus on the benefits that diversity can deliver. As such, the 

framework has been developed to give each organisation opportunity to assess diversity 

management in relation to its core business. 

In the Australian Public Service, departments and agencies are also required to prepare 

workplace diversity plans, and to keep data about and/or report on a range of diversity related 

matters. The subject of such data and reporting embraces many aspects of human diversity in 

the workplace - including disabilities, gender, language and cultural background. 

3.1.5 ACCESS, EQUITY AND THE LEGAL SYSTEM 

The political and legal institutions of a country inevitably reflect the ethos of its dominant 

culture. The legal system in Australia is no exception. It has been and continues to be shaped 

by the cultural norms and values prevalent in Australia.

24 


The promotion of law and cross-cultural issues has emerged from the recognition of the 

multicultural character of Australia and the desire to improve access to the legal system for all 

Australians. It is also consistent with policy initiatives which hold that all members of our 

society have the right to equal and appropriate access to services. Language, cultural and 

religious differences, and racism should be removed as barriers to access and equity in the 

design and delivery of government programs and services. 

Numerous reports have made repeated reference however to the multitude of barriers that exist 

for diverse communities in their attempts to access the legal system and obtain just outcomes. 

Issues such as the lack of availability of appropriate interpreters, gaps in the provision of legal 

information, and the application of dangerous stereotypes, have all been comprehensively 

documented. 

The Access to Justice Advisory Committee in 1995 noted that one of the major equality issues 

facing people from culturally and linguistically diverse backgrounds was that "courts and court 

officials need to develop greater cross-cultural awareness in order to avoid unconscious bias 

against people from non-English speaking backgrounds". The Committee recommended that 

Governments should continue to provide resources, and other support, for the development 

and provision of continuing education programs for the judiciary and relevant court staff 

concerning awareness of gender and cultural issues, including the use of interpreters. 

Increasingly, the legal system is responding in a number of ways, with specific initiatives being 

undertaken by various jurisdictions. Currently, a major policy issue for the court 

administration sector is to improve the courts' responsiveness to the specific needs of its 

diverse client groups. 

One area being addressed in the court administration sector is improved access to the court 

system for indigenous people. A variety of existing programs are currently assisting indigenous 

people access the court system. For example, Queensland operates three remote community 

magistrates' courts constituted by Indigenous Australian Justices of the Peace. The courts hear 

remand applications and simple offences, and provide faster access to justice for remote 

communities between visits to remote communities by Circuit Magistrates. The Family Court 

itself, of course, has employed indigenous family consultants based in Darwin, Alice Springs 

and Cairns, in an effort to improve its services to indigenous communities. 

The recent Report on Government Services 2001, in reviewing the effectiveness and efficiency of 

court administration services across Australia, outlined the framework of performance indicators 

which are in turn based on a number of common objectives for court administration services. 

The Objectives are: 

to be open and accessible; 

to process matters in an expeditious and timely manner; 

to provide due process and equal protection before the law; and 

to be independent yet publicly accountable for performance

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25 

The Key Performance Indicator Results include: 

 

 

 

 

Quality 

This is usually measured through surveys of client satisfaction with court 

administration staff, court facilities, availability of court information and court 

processes. Recently the Family Court undertook surveys of various court users 

regarding Court Services (see below) 

Affordability 

Timeliness 

Geographic accessibility 

These are consistent with international developments in relation to Court Performance 

Standards (see below). Furthermore, they are a useful guide in the development of various 

measures against which to assess the performance of the Court in relation to issues of 

Accessibility and Equity. 

3.1.6 REPORT OF THE FAMILY LAW PATHWAYS ADVISORY GROUP 

It was timely in that the Family Law Pathways Advisory Group handed down its report part way 

through this study. In examining the various pathways available to families experiencing 

separation, the Advisory Group consulted widely and in response to what was learnt has made 

28 recommendations for change. The Advisory Group was told that: 

 

 

 

 

 

 

 

helpful and relevant information and support is often not easily available, services are 

hard to find, leading to sometimes ill-informed choices and unexpected outcomes; 

mothers and fathers often have different concerns; 

some people are concerned that the system is biased against males, and that there is 

a shortage of services which support men and their aspirations to parent their children. 

(Particular concerns were child support and the enforcement of contact orders); 

some people manage the separation process with minimal interaction with the family 

law system; 

Australians from different cultural backgrounds face particular barriers; 

a number of people are frustrated and discontented about how the family law system 

currently operates; and 

some parts of the family law system are working well. 

The Advisory Group also heard that the current family law system presents particular problems 

for Aboriginal and Torres Strait Islander people. These problems, which are not experienced 

by the wider community, affect the ability of indigenous peoples to access and benefit from 

the family law system. It was noted the many indigenous communities experience language 

and cultural difficulties in understanding the family law process, and many service providers 

lack an awareness of indigenous culture.

26 


Furthermore, the Advisory Group heard there is a lack of cross-cultural awareness among court 

personnel, government agencies and other service providers. Non-English speakers are 

disadvantaged by the lack of interpreter services at all levels of their interaction with the 

system, and the lack of information and materials available in languages other than English. 

The key findings and recommendations of the Report further reinforce the need for issues of 

access and equity to be integrated into the core business of organisations. 

3.2 The International Context 

Significant developments in relation to the provision of accessible and equitable services by 

the courts have occurred internationally. This section provides a brief overview of the key 

developments as they might relate to the Australian context. 

3.2.1 US TRIAL COURT PERFORMANCE STANDARDS 

In 1987, the National Center for State Courts established the Commission on Trial Court 

Performance Standards with a view to developing a set of performance standards and measures 

for state courts. 

In 1990, the final version of the Standards was released. These were endorsed by: 

the Conference of the Chief Justices 

the Conference of State Court Administrators 

the National Association for Court Management 

American Judges Association 

The Commission identified 22 standards or guiding principles for courts. These fall into five 

broad performance areas: 

 

 

 

 

 

Access to Justice: The courts should ensure that the structure and machinery of the 

courts is accessible to those they serve 

Expedition and timeliness 

Equality, fairness and integrity: Trial courts should provide due process and equal 

protection of the law to all who have business before them 

Independence and accountability 

Public trust and confidence: Trial courts should work to instil public trust that courts 

are accessible, fair and accountable.

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27 

The Commission developed a number of measures to help a court gauge how well it is 

performing with regard to the performance goals. These measures use a variety of data 

collection methods and techniques, including: 

 

 

 

 

 

Observations and simulations 

Structured interviews 

Case and administrative record reviews and searches 

Surveys of various reference groups, such as the general public, court employees, and 

members of the media. 

The use of multiple measures and diverse sources of information increases confidence 

in the accuracy and validity of the assessments. 

The standards and measures are intended for purposes of internal evaluation, self-assessment 

and self improvement. The standards can be a resource for developing a court's vision and 

strategic plan, framing problems or issues, evaluating current court performance, and 

identifying potential strategies for addressing specific problems. 

It is strongly argued that the standards and measures have made a significant contribution to 

judicial administration. 

3.2.3 SPECIFIC FOCUS ON NEW JERSEY JUDICIARY 

In developing its Standards of Practice, the New Jersey Committee has sought to focus on the 

quality and accessibility of the services performed by the courts. The goals that the Committee 

recommended were: 

 

 

 

The need for a high level of quality in the delivery of service 

The need for the courts to be accessible to all who come into contact with them, and 

The need to take full advantage of technology to function as efficiently and effectively 

as possible. 

In identifying quality service the Committee set out the following steps that would greatly assist 

in achieving this goal: 

 

 

 

Implementation of identified 'best programs' in a consistent manner across the trial 

courts 

Utilisation of a full range of complementary dispute resolution programs 

Institution of effective training programs for judges and staff that emphasise customer 

service, management and leadership skills, the importance of diversity in the 

workforce, and the development of skills to help staff better deal with a diverse 

populace.

28 


In identifying the concept of access, the Committee referred to the Trial Court Performance 

Standards: 

"Trial Courts should be open and accessible. Because location, physical structure, 

procedures, and the responsiveness of personnel affect accessibility, the trial courts 

must eliminate unnecessary barriers to its services. Such barriers can be geographic, 

economic and procedural. They can be caused by deficiencies in language and the 

knowledge of individuals participating in court proceedings. Additionally, 

psychological barriers can be created by mysterious, remote, unduly complicated and 

intimidating court performances." 

The Committee also emphasised the need to recruit and train bilingual staff as a critical 

component of its access strategy: 

"A vigorous and aggressive recruitment and hiring process to fill vacancies with 

bilingual staff is needed. The effort will provide the public, as users of court services, 

a system that is accessible, fair and just in all aspects." 

3.2.4 CALIFORNIAN JUDICIAL COUNCIL 

In 1991, the Judicial Council Advisory Committee on Racial and Ethnic Bias in the Courts was 

established to investigate issues affecting the administration of justice. The Committee was 

directed to: 

 

 

 

Study the treatment of racial and ethnic minorities in the state courts 

Ascertain public perceptions of fairness or lack of fairness in the judicial system, and 

Make recommendations on reforms and remedial programs, including education 

programs and training for the courts and their staff. 

In relation to family and juvenile law issues, the Committee in its findings discovered a 

persistent perception of bias. There was a widespread belief amongst court users that cultural 

stereotyping was prevalent and negatively affected the courts' decisions in family and juvenile 

matters. 

3.2.5 UK: SERVICE CHARTERS - MAGISTRATES COURTS 

The Magistrates' Courts Service Race Issues Group was set up in England, comprising of 

representative organisations in the Magistrates' Courts Service. Whilst the aim of the Group 

was to identify issues relevant to the criminal justice system, it is still a useful reference point 

in relation to the development of service standards around access and equity related issues.

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29 

As part of its Justice in Action Plan the Committee identified the importance of: 

openness 

accessibility, and 

accountability. 

3.2.6 NZ: COURT CHARTERS 

The Court’s Charter sets out the expectations stakeholders, particularly court users, can have 

of the courts in general. All New Zealand government agencies are required to ensure that 

their service delivery for Maori people reflects the principles of the Treaty of Waitangi. This is 

because such agencies deliver services on behalf of the Crown in its capacity as Treaty partner. 

3.3 Family Court of Australia Studies and 

Reports 

A desk based review of various court documents was undertaken. This provided an important 

context for both the development of the draft standards and the ensuing focus groups 

discussions. 

As described earlier, the primary resources consulted included the following: 

Family Court of Australia Annual Report - 1999-2000 

Family Court Strategic Plan 2001 

Family Court Website 

Aboriginal and Torres Strait Islander Family Consultant Program 

Report of the Futures Direction Committee 

Strategic Planning Conference - 26-29 July 1998 (Values Creation Group) 

Liaison Project Between the Court and Community Based Agencies - Jan 1999 

Survey of Family Client Perceptions of Service Quality - March 1999 

Survey of Practitioners' Perceptions of Service Quality - March 2000 

The Family Court's Annual Review outlines a number of important initiatives undertaken in 

relation to issues of diversity. These include: 

 

 

 

the continued work of the Aboriginal and Torres Strait Islander Awareness Committee 

convened by Justice Colleen Moore; 

the Kupai Omasker judicial sittings at various Torres Strait Islands; 

the development of an inter-agency initiative to develop a multi-purpose mediation 

training package for Aboriginal and Torres Strait Islander communities throughout 

Australia;

30 


 

 

 

 

the publication of a brochure that has been produced in Aboriginal Kriol that outlines 

the Court's mediation services and its work with Aboriginal families; 

the establishment of the National Cultural Diversity Committee under the 

chairmanship of Justice Buckley; 

the employment of the Court's ethnic liaison officers, working with the Vietnamese 

and Chinese communities in Melbourne; 

co-hosting a forum with the African Information Network addressing issues related to 

African family values, settlement and family law. 

These initiatives provide an important backdrop against which to measure the performance of 

the Court in relation to access and equity standards. 

The Family Consultant Program was originally developed in the Northern Territory, and then 

expanded to Far North Queensland. Within the goals just described, and because of the 

historical development of the programs and the different cultures of the area, the programs 

have developed quite differently: 

Northern Territory workers have become more and more involved in direct provision 

of counselling services, and have developed their ‘Stronger Families’ program, using a 

relationships education model. 

The Far North Queensland model has focussed on mediation: in collaboration with other 

agencies with similar goals, work is proceeding on developing the ‘Peacemaker’ program to 

assist local communities to improve their mediation skills. 

The Far North Queensland Torres Strait Islander worker has also taken a leading role in 

developing and implementing the Kupai Omasker program, which is directed at a particular 

Torres Strait Islander child rearing practice. 

As a result of the Program there has been a significant increase in the number of Aboriginal 

and Torres Strait Islander families choosing to access and utilise the services of the Family 

Court. 

The Report notes however that the Family Consultants have been "spread thinly". 

Each registry of the Family Court has, over the last 12 months, been developing a strategy to 

contact the relevant indigenous community groups/agencies/community members within the 

registry’s catchment area. The aim is for each registry to develop a consultative group of 

indigenous people that will help guide the delivery of client services so that there are no 

barriers for indigenous people in accessing these services.

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31 

Clearly, the report highlights the need for a concentrated approach to the ongoing review of 

the Indigenous Consultants Program and issues of continuous improvement. As noted earlier, 

the scope of this project was too limited to undertake the comprehensiveness required, and as 

such strongly suggests a more thorough review process. 

The Survey of Practitioners and Client Perceptions of Service Quality also provide some insight 

into aspects of the Court's processes, and their implications for diverse communities. For 

example, issues of information provision, time delays and waiting periods, legal jargon, and 

issues of access were raised by survey participants. 

The Futures Directions Committee was set up to deal with improvements to the Court's 

processes. 

The Report of the Future Directions Committee contains a number of proposals. It describes 

the progress of several initiatives which the Committee has monitored or recommended 

previously and which are now the subject of pilots in various registries of the Court. The 

Report also describes a new case management system and a number of administrative 

measures which will underpin that system. 

The Report's proposals are underpinned by several principles and themes, including: a 

recognition of the need for: 

(vi) communication with other relevant organisations in the planning and delivery of 

services; 

This point is important given one of the key findings in the staff focus groups, was the need to 

enhance the linkages with ethno-specific communities and agencies. The issue of greater 

liaison between the Court and community based agencies was of course also taken up the 

report to the Chief Justice in 1999: Liaison Project Between the Court and Community Based 

Agencies. 

The Interpreter Policy provides for two key principles that need to be kept in mind when 

considering the implementation of this Report's recommendations. These are: 

 

 

These guidelines have been prepared to ensure uniform access to interpreter services 

throughout the Family Court of Australia. 

The basic principle of access and equity is that no Court client should be 

disadvantaged in proceedings before the Court or in understanding the procedures and 

conduct of Court business, because of a language barrier. The two-way process of 

communication and understanding between the client and the Court may require that 

the Court engage an interpreter, or on rare occasions, a translator.

32 


3.4 Relevant Data Available 

It is noted that the Court does not collect and analyse statistical data from its clients relating to 

their cultural background or the language/s they speak. This study has researched and 

reviewed data produced by the Australian Bureau of Statistics (ABS) and Court reports relating 

to the utilisation of interpreters. The combination of these two sources provides some 

indication of the number of clients who utilise the Court from diverse communities and a 

breakdown of the usage of interpreter services. 

The ABS data on marriages and divorces was reviewed for the years 1996, 1998 and 1999. In 

1996, 44% of divorces were granted to couples where either one or both partners were born 

in an overseas county. In 1998 this figure was 43% and in 1999 it was 42%. This data is 

important to the study as it demonstrates that a substantial proportion of clients utilising the 

Court over the past few years were born in an overseas country. Details of language/s spoken 

were not available from the ABS, but these statistics clearly indicate clients from diverse 

communities make up a considerable proportion of the Court’s client population and, as such, 

services to these groups should be regarded as a core component of the Court’s business. 

A report to the Sydney Registry Manager on 25 February 1999 analysed the year to date cost 

of interpreters used by different groups within that court. It is reasonable to equate cost with 

usage as interpreter fees are fixed and two main interpreting providers were used by this court. 

The judiciary used 35% of total services followed by counselling services which consumed 

25%. The registrars and judicial registrars utilised 17.5% and 16% respectfully and deputy 

registrars 6.1%. The information liaison unit and counter staff utilised 0.4% of the total 

interpreter service costs. 

This last statistic is significant as obviously the counter staff engage with many, if not all of the 

Court’s clients, yet rarely utilise interpreting services (including telephone interpreters). Given 

that utilising interpreters is more difficult for telephone and counter staff because it is not 

possible to anticipate in advance who will require interpreters, and obtaining a suitable 

interpreter quickly is not easy, other strategies need to be explored. It is important to address 

this issue, both to improve the skills of staff to deal with the diversity of clients they deal with, 

and to ensure clients understand and receive the assistance they require, especially as this is 

often their first point of contact with the Court.

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33 

4 Development of Standards 

4.1 Workshop to Identify and Establish 

Draft Standards 

The initial tender brief for the project required the standards to be developed to reflect the 

service principles set out in the Federal government’s Charter for Public Service in a Culturally 

Diverse Society. 

It was expected that the standards developed would reflect a shared view of good practice 

across the Court and allow the Court to conduct a sample audit to benchmark its current 

position in terms of best practice service delivery. 

An initial workshop with the Reference Group at the beginning of the project was held to seek 

input and advice in relation to: 

 

 

 

interpretation of the Charter principles and their applicability to the Court and its 

processes; 

the draft standards that will guide the conduct of the audit; and 

a representative sample of both internal and external stakeholders to be consulted. 

4.2 Standards and Measurements 

The following measurements were put to the reference group to address in the development of 

the standards. 

1 Access 

What are the key service provision objectives of the organisation? 

 

 

What are the criteria of eligibility/access? 

Does the organisation expect/predict some groups will have less than would be 

expected given their eligibility? Which groups? Why? 

2 Equity 

Is ethnicity data collected and analysed relating to a) eligible population? b) recipient 

population? 

 

What management systems are in place to align access and diversity strategies with 

measurable equity outcomes? For example: 

~ strategic planning 

~ cross cultural training 

~ performance and outcomes reporting 

 

How are these management systems evaluated? What are the results?

34 



What public information systems does the organisation have in place to service a 

diverse community? For example: 

~ use of interpreters? 

~ use of translated written materials? 

~ use of plain English in documentation? 

~ a language/communications management strategy, budget, staff training? 


What are the customer/citizen service values of the organisation? To what extent is 

diversity a part of these values? 

 

 

 

What ethno-specific services does your organisation offer? 

How are mainstream services customised or tailored to meet the needs of a culturally 

and linguistically diverse society? 

Are grants provided a) for ethno-specific services and b) for the whole community? Are 

there mechanisms that ensure equity for different cultural groups? 


How is service effectiveness measured? 

 

Are there processes or systems to measure equivalence of outcomes for different target 

groups? For example: 

~ benchmarking for comparability of different groups in terms of access/service 

take-up? 

~ benchmarking for comparability of different groups in terms of benefits/ 

results/outcomes? 

6 Efficiency 

How are resources managed to ensure optimal impact? What part does cultural and 

linguistic appropriateness play in resource management and accountability processes? 

 

To what extent/how are the benefits of diversity maximised? For example: 

~ staff cultural and language skills audits? 

~ productive diversity management/strategic planning strategies? 

~ effective use of community networks, contacts, resources?

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35 

 

To what extent/how does the organisation use flexible external collaborations, 

alliances, joint ventures and community outsourcing to optimise government resource 

inputs? For example: 

~ use of community intermediaries and ‘multiplier’ agents? 

~ flow through of government priorities such as access and through terms of 

contracts, etc. 


To what extent and how are diverse communities consulted and encouraged to 

participate in the service design/evaluation/redesign process? 

 

How does the organisation project an image of fairness and equity for all cultural 

groups to the whole community as a whole? 

Draft standards were subsequently developed as an outcome of the workshop and distributed 

for comment to Reference Group members. These standards provided the broad framework 

for the audit process. It is however to be expected that this is an interactive process, and as 

such the standards themselves have been open to further scrutiny and discussion.

36 


5 Staff Consultations Audit ~ 

Key findings 

5.1 The Consultation Process 

Fifteen focus groups were conducted in the four registries nominated in the Terms of Reference 

(Sydney, Parramatta, Melbourne and Dandenong). The groups were held over a period of four 

days within the same week. 

A total of 91 Court staff participated in the focus groups. Of this number, 66 were women and 

25 were men. Sixty of the 91 participants said they had worked in the Court for more than 

one year. In fact, the combined years of service years totalled 542 years or an average of just 

a little more than eight years per person. If the focus group participants are a reasonable 

reflection of the employment service of staff throughout Australia this data indicated that there 

are a number of long serving staff currently employed by the Court. Such long serving staff 

members hold a large amount of corporate knowledge, both individually and collectively, and 

are able to remember the changes in the Court over time and recall those previous initiatives 

that were successful (or not). They should be utilised as reference points to check past 

practices undertaken by the Court and to learn the lessons for past experiences. 

Of the remaining 31 staff, 16 had worked in the Court for less than a year and 15 did not advise 

their length of service. 

The focus group discussions were semi-structured, allowing for greater interaction of 

participants, and increasing the capacity of the facilitator to explore and elicit a range of 

different perceptions and attitudes on specific issues. 

The focus group discussions stimulated staff's reflection on service delivery issues as they 

related to diverse client groups, and provided an opportunity for them to hear each other's 

experiences and opinions. 

The issue of confidentiality of participant’s views was crucial in this study. Staff willingness to 

look candidly at their practices, the ways in which they could improve their own effectiveness, 

and their commitment to the Court is to be highly commended. 

The key findings of the staff focus groups are set out below. These findings, whilst revealing 

that the Court will face a number of significant challenges to improve the design and delivery 

of its services to diverse client groups, also affirms that many of the innovative programs that 

the Court is beginning to put in place are increasingly needed.

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37 

5.2 Current Services Provided to Clients 

from Diverse Communities 

Focus group participants were asked to identify the services that are currently provided by the 

Court to increase access and support clients from diverse communities. Staff listed a number 

of Court services that they believed benefited clients. Overwhelmingly the provision of 

interpreting services for clients, particularly when attending for counselling, mediation and 

during hearings, was seen as the most significant service provided to clients to enhance their 

access to the Court. 

A number of respondents said that brochures and audio-tapes were available in various 

languages for clients from diverse communities. Although most staff thought this was a 

positive initiative, there was a lot of uncertainty expressed (in most of the focus groups) about 

exactly what material was available in different languages, whether the material was out of 

date, and who and how often this material was distributed to clients. 

Respondents listed a number of specific initiatives that have been developed to assist certain 

diverse communities. Six indigenous workers are employed by the Court and work in the 

Northern Territory and Queensland. Interpreter Assisted Divorce lists operate on Tuesdays at 

one registry to meet the needs of Cantonese and Mandarin speaking clients. Two part time 

cultural liaison officers were employed for two years at another registry to assist Chinese and 

Vietnamese communities. Another registry has a duty solicitor attend one day a week. This 

person has more time to spend explaining the Court procedures and practices to clients, 

particularly from diverse backgrounds. 

Participants reported that community initiatives are undertaken by the Court, such as the 

holding of a workshop with the local legal aid service to inform community workers about the 

services available to clients accessing the Court. A number of staff reported that some of the 

Court’s judges give talks to different community groups about the role and work of the Court. 

One registry provides regular information sessions to community agencies and workers in 

conjunction with other organisations who provide services to families. Some Court staff assisted 

SBS to produce radio shows in Cantonese and Mandarin about the Court, its role and services. 

Some respondents reported they had participated in cross-cultural training provided by the 

Court’s bi-lingual workers on Vietnamese and Chinese culture and customs and had found it 

very informative and useful to their work. Staff also said they had attended training provided 

by the Indigenous Family Consultants that was also of interest and value. 

A number of participants said that Court staff try to provide a friendly and welcoming service 

to clients as they recognise the process of obtaining a divorce can be a stressful and 

emotional time for many of the Court’s clients. Participants also said that the judges try hard 

to assist clients in the courtroom and are patient and flexible, allowing people time to put 

their case forward.

38 


Other areas identified as current good practice included: 

the Court library service which provides searches on different cultures for counsellors; 

the availability of the Koran for clients to be sworn in on; 

the Court’s web site having translation facilities; 

a range of resource lists for staff to utilise; 

the development of the new case conference system; 

bi-lingual staff who can assist clients. 

Quotes 

…"We provide an interpreter service at the Court’s cost to make sure that the client 

and the Court are not disadvantaged.” 

… "Each client is provided with an individual interpreter for the same hearing. It is 

not means tested. We go to great lengths to make sure that there is the right dialect.” 

…"The interpreter service is good and staff also learn from interpreters.” 

…"For clients coming to Court interpreters are well used. For clients we are servicing 

over the counter, there is minimal use of interpreters.” 

…"At the counter, if staff perceive a language difficulty, they will ask ‘do you need an 

interpreter at the next intervention’. The registry is proactive in that way.” 

…"One of the practices that we piloted and implemented was the case conference 

system. That allows us to identify as early as possible any matters where there is a 

need for an interpreter. The issues are identified more quickly and in a less threatening 

manner.” 

…"the library is a valuable resource on different cultures.” 

…"We undertook an initiative with legal aid, where a two day workshop was held with 

community workers. We’d like to host it again, but it’s an issue of resources" 

…"Audio tapes are good, but one of the unfortunate things about them was that they 

were only current for six months because of the changes to the Act. They are now all 

out of date."

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39 

…"Training this year looked at the various cultures and the way they approach issues 

and the way that they analyse things. It was very valuable. It was Nee and Phoung"… 

…"Cultural awareness for staff around the Vietnamese cultures. Just to have it 

explained around the names, the history, the cultural differences. It had an impact on 

my work. I have more understanding and respect for the differences"…. 

…"We don’t discriminate at the counter, we treat everyone the same" 

… "We used to have some forms and information in different languages. I don’t think 

these forms are available any more. It’s probably cost cutting.” 

…"Counsellors worked with SBS who did a program on the Court in Mandarin and 

Cantonese. This resulted in audio tapes being developed and circulated to diverse 

communities.” 

…"Court responds to requests from community groups and the Judges provide 

Information sessions.” 

…"I think about 50% of clients we see at the counter are from diverse backgrounds.” 

5.3 Limitations to Access 

Access is one of the seven principles of the DIMA Charter. Focus group participants were 

asked to identify any limitations that clients from diverse communities experience when 

accessing the Court (and its services) and the reasons this occurs. Respondents gave a number 

of specific examples of reduced access for clients from diverse communities. These examples 

could be categorised into the alienating physical environment of the Court, the lack of 

understanding of the law and the legal procedures and some resource and service delivery 

inadequacies. 

Many respondents commented about the imposing and intimidating physical structure of the 

Court and its impersonal and unwelcoming spaces. Signage at the Court(s) was considered a 

limitation to access as there are very few signs directing clients to the service they require, and 

none in languages other than English. A number of participants said the lack of personalised 

service for clients as they enter the Court to answer questions and to provide direction and 

support increases clients' alienation and anxiety.

40 


Participants in a number of the groups spoke about the complexity of the law and the 

difficulties many clients have with understanding the terminology, the procedures and the 

overall process. Some respondents said clients have to return numerous times to file their 

forms as they are often incorrect or do not understand what to do. The lack of client 

knowledge of Australian Family Law, the legal jargon that is used and the complexity of 

procedures of the Court makes accessing and negotiating the system very difficult. Some 

clients are also very fearful of the law and courts because their previous experiences have been 

traumatic. 

Focus group participants identified a number of the current practices that are inadequate and 

reduce clients' access and understanding of the Court and its role. These are: 

 

 

 

 

 

 

 

 

client Information sessions outlining the role and services of the Court are usually only 

held in English; 

lack of current written and audio material in languages other than English; 

the forms are all written in English and have to be completed in English; 

lack of available space and time at the counter to access and utilise telephone 

interpreters; 

competing pressures of dealing with counter enquires as quickly as possible and 

allocating the time required to adequately assist a client; 

lack of staff knowledge and awareness of other cultures and values; 

limited involvement with community agencies; 

no statistical data is collected relating to clients from diverse communities. 

Participants reported that service quality is affected by time pressures and case flow targets. 

Resource cutbacks (that have occurred in recent times) continue to have an impact on staff’s 

ability to spend time with clients who require additional assistance, who are often clients from 

diverse communities. Comments were made about the National Support Office’s limited 

insight into the daily pressures that staff are facing in delivering services at a local level, with 

ever shrinking resources. 

Quotes 

…"We are not managing the phones well, because we don’t have enough people on 

the phones. They [staff] are more concerned with getting through the calls, rather than 

the actual content. They may not use interpreters as often as maybe they should. 

There is a queue of calls, and there are often five or six calls at a time.” 

…"We don’t do well with signage. There is nothing around to indicate to those who 

don’t speak English about where you need to go to. We need to improve on that."

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41 

…"When I first walked into the building, it was very intimidating. In particular, the 

very formal foyer area with the buttons that you have to press to get service at the 

counter. This is hard to get around because we need to streamline the counter service, 

but this makes it hard for someone who doesn’t speak English well or is not used to 

such formality or for any person really who is not used to coming to Court." 

…"Over the years, the responsibility of developing procedures, videos, brochures that 

would assist ethnic communities, was always held at the national level. It’s a huge 

task, but at the registry level, we have not been given the okay to do it until in the last 

few years. It’s still very confusing about what our role is, and whether we can expect 

additional resources to carry out this access and equity stuff.” 

…"It is hard for anyone to understand the process. All you have to do is work through 

the front door and be intimidated." 

…"We are so stretched staff wise that I think there are many poor practices.” 

…"At the counter, we don’t have an interpreter there. We have someone standing 

there with no way of communicating with you. The frustration is awful. The B counter 

is where they come for something specific. But if they can’t tell you what they want, 

and you can’t give them the information then you just don’t know what to do." 

…"I can usually get to them that they at least have to come back with a friend who 

speaks English." 

…"You can’t always communicate the complexity of a divorce situation, but at least 

enough to get them to come back with a friend who can speak English" 

…"Hopefully, they have brought a friend with them. If they haven’t, I have used their 

mobile phone to talk to a friend. If none of that is unavailable, I might write on a piece 

of paper and get a friend to translate it. It wouldn’t necessarily be a second trip, but 

hopefully the piece of paper would be clear enough so that they could fill in the forms 

appropriately.” 

…"The reason I wouldn’t access telephone interpreters, it is availability on the day. We 

have long waiting times on the counter, and are looking at an extra twenty minutes 

waiting for an interpreter."

42 


…"We have had times where people have waited for 2 hours already, and to add 

another 20 minutes would make it very difficult.” 

…"I think if there is signage, and you are overwhelmed emotionally anyway, it can 

really help.” 

…"A lot of people come in and think that the process will be very simple. People are 

totally unaware of how complex the system really is.” 

…"With the one brochure which is available, it is out of date. It talks about 

counselling and being able to access voluntary counselling, which is no longer 

available." 

… "A lot of people get told things that are not quite correct. If they go to the agency 

to fill out the form, and it is incorrect, we have to send it back.” 

… "Coming to the counter when they are filling something. If it is incorrect it might 

be difficult to tell them that because they don’t understand. Or over the phone when 

they can’t express themselves, and so that I can’t understand what they are trying to 

ask me." 

…"People tend to come back and back again trying to correct forms, and this is with 

English speakers, let alone with NESB.” 

…"We deal with a lot of clients, and if they don’t have a solicitor, and they are not that 

well educated, and then language comes into it – this makes it very complex" 

… "Getting across what the Court does, and that it doesn’t operate as a legal service. 

People expect that you can assist them with the legalities.” 

…"Centrelink is good at helping NESB. You come to the Court and you get virtually 

nothing. People are trying to go where they think people are approachable, and it 

seems to be other Commonwealth agencies, rather than here. Helpful places where 

you can find out things, but if they send you to the Court, you don’t have the same 

levels of assistance.” 

…"When I am on duty you can have a bank of people and you feel the need to 

provide a service quickly to get through everyone. This operates as a block.”

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43 

… "How do you know who your clients are when no data is kept. So we don’t know 

about the nationalities that come through the door. It would help us here. We deal 

with the people in our region and it is certainly a diverse one. It would help for us to 

know who the clients actually are. It can help you be registry specific." 

…‘For people from different backgrounds they are fearful of the law and many have 

had bad experiences" 

…"We don’t know what our client base is because the data’s not collected." 

…"We don’t have listings of multi-cultural services and have nothing to do MRCs. 

MRCs are the places where clients go to first for help." 

…"Often I don’t know as a counsellor if I’ve said something the wrong way – I don’t 

understand some clients’ values and beliefs." 

5.4 Equity of Outcomes 

Focus groups participants were asked if there are any differences in the outcomes for particular 

client groups who use the Court. This question evoked a range of views. Some respondents 

said there was no difference in outcome if correct procedure was followed, while others thought 

the issues of language and understanding inevitably meant that outcomes would be different. 

A number of participants felt self-represented litigants, especially if they are economically 

and educationally disadvantaged, are most likely to suffer a less equitable outcome than a 

person who understands the system and has the ability to pay for good legal representation. 

Ethnicity and language was considered a factor in variations of outcome, and if combined 

with being a self-represented litigant or poorly educated it would impact even more 

negatively on the outcome. 

A few comments were made about male clients' perceptions that they are disadvantaged in 

relation to Family Court outcomes. A number of respondents commented that they did not 

believe this was the case and that women were more often granted resident orders for children 

because they were the primary carers. Clients with psychiatric disabilities were considered a 

group that are sometimes disadvantaged in their outcome due to their lack of understanding of 

the process and at times, demonstrations of inappropriate behaviour.

44 


Quotes 

…"The more information you have, the better prepared you are. For someone who is 

better educated or who knows the language, then they are more likely to get an 

outcome more quickly than someone who doesn’t. If some people experience 

language barriers they are likely to experience frustration, delays, hitting brick walls." 

…"I don’t think it matters in relation to ethnicity, but it does to people in general 

around how much they know. Their capacity, their knowledge, the resources they 

have. I haven’t observed it in relation to cultural differences.” 

…"Men would have us believe that women get a better deal, but considering most of 

the judges are in fact male. Don’t know why they think males would discriminate 

against males.” 

…"Economically disadvantage groups – in terms of access they don’t get access to 

solicitors unless they qualify for legal aid. They don’t get it for property matters. If they 

have language difficulties and an economic disadvantage then that would compound it.” 

…"Some people bail out. People get fed up with the system. Money is a big issue. That 

would change outcomes. This is across the board and not only specific to NESB." 

…"No, because there is a procedure that is followed. Everyone is going to get to the 

end and get the same outcome in terms of how their cases turn out." 

…"Justice is hidden in the law. The more money you have, the better the result.” 

…"If someone is going to proceed through court system, we advise legal 

representation. But for someone without English they would have to have 

representation because they couldn’t do without it. They wouldn’t know what was 

going on otherwise." 

…"What really makes the difference is the quality of the legal representation, 

irrespective of your background." 

…"I spend more time with clients from different cultural backgrounds. Clients do get 

equal outcomes, it just takes longer."

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45 

…"Using interpreters filters the content and meaning of issues. Family reports are 

more complex to write across cultures." 

…"Yes there are different outcomes, it depends on who the registrar is.” 

…"Clients who understand the role of the Court get the best outcome. Many clients 

don’t understand the system and what’s happening. Only half the lawyers understand 

what their doing." 

…"In Australia things are a lot fairer than in other countries, ie. often men take the 

children in other countries and they can’t accept this isn’t the case here in Australia. 

Sometimes cultural difference is great. The Chinese can’t understand that children in 

Australia don’t go to the grandparents. Satisfaction with the outcomes may vary with 

cultural expectations.” 

…"Self litigants are in trouble.” 

…"Clients are often ignorant about Orders and what has happened. Often they breach 

an Order because they just don’t know. This can affect their outcome.” 

5.5 Communication Issues 

Respondents were asked two questions about the effectiveness of the Court’s communication 

with clients and its involvement in the broader community. Participants were generally quite 

critical of the range of information provided to clients from diverse communities. Written 

materials and audio-tapes that are translated into various languages are said to be out of date 

and in most cases the resources are not translated. 

It was pointed out by participants that the development of new resources is the responsibility 

of the National Office and there was concern expressed that this work is undertaken in an ad 

hoc manner and is not well coordinated. There appears to be a lack of communication within 

the Court about the general resources that are produced for clients. On a number of occasions 

respondents said they were unaware of a service or a resource that existed. Staff commented 

that this lack of communication and organisational coordination probably means clients at 

different registries are receiving different information and services. 

Some respondents said that uncertainty exists within the Court itself about its role and purpose. 

Comments were made that staff are unclear if the Court is a provider of services or only a 

Court. This issue appears to have become more prominent since service cutback occurred in 

voluntary counselling. Examples were given by respondents about the impact of reduced 

service provision to clients as a result of these resource cuts, such as clients not having enough 

money to pay for voluntary counselling and long waiting times for clients seeking information 

at the registry counter or over the telephone.

46 


Generally participants felt the Court has not actively engaged with community organisations 

and had consciously remained rather separate from the community in which it operates. It was 

felt that most staff are unaware of services that existed in their local area for clients from diverse 

backgrounds. In general, respondents believe Court staff are not aware or informed of the role 

and services provided by other government agencies working with families in the local 

community and as a result cannot refer clients to these services, such as Centrelink or the 

Migrant Resource Centres. 

Although lack of interaction and knowledge of the local community is described as the norm 

within the Court, there are some examples that indicate this is changing. Senior staff in one 

of the registries are conducting information sessions in their community. In some cases these 

meetings are being undertaking jointly with other service providers. Comments were also 

made that some staff are beginning to develop lists of community resources and the details of 

services provided. Staff use this information to assist and inform clients of other options they 

could access. 

Overall, most respondents in the focus groups thought the Court should be more linked and 

actively engaging with community agencies and workers, both to learn about other services 

which clients could be referred to, and to clarify to others the Court’s role within the system. 

Quotes 

…"Our Strategic Plan that says the purpose of the Court is to resolve family disputes. 

This is misleading as our role is not to do that.” 

…"Information provision is not very effective, even for English speaking " 

…"The Court itself is going through a process of identifying what it is here for. There 

are some who think it’s a Court, but there are others who are trying to make it into a 

service organisation. The Court is having its own battle around its identity let alone 

trying to explain to others what it is there for.” 

…"Making the decisions and then communicating to the range of stakeholders out 

there, the Court is not good at doing that" 

…"The forms are very intimidating. For culturally diverse people it is a minefield.” 

…"For a lot of these people, the availability of the information has to do with class and 

whether you can afford it. If you have the money you can get the information 

irrespective of language.”

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47 

…"We have regular liaison meetings with community based organisations, not just 

ethnic groups, but general." 

…"One of the sad facts of last few years, is staff reduction. The counselling staff where 

we just have two left. As they go and the work increases, the non core activities have 

been the first to fall by the way side. We have a high number of family reports to 

complete and they take priority.” 

…"We do not provide enough information for various groups in their own language.” 

…"We have very little contact with new and emerging communities who have the 

most need in terms of information about court processes." 

…"An example of organisational breakdown is the brochures that are not up to date. 

That is not our responsibility. It is the Court’s.” 

…‘‘I’m not aware of any external community consultations in the last six years, only 

ATSI day. Consultations with the community need to be placed at a higher level." 

…"The information sessions are compulsory (by Court Order) and run by the registry 

staff in English. But people who don’t speak English can’t understand what’s being 

said." 

…"One of the previous registrars went out to the community. It doesn’t happen very 

often but I think it should. We could provide information to community newspapers 

and radio." 

…"The Web site has a translation facilities that we could use." 

(NOTE ALL OTHER PARTICIPANTS REPORTED THEY DID NOT KNOW THIS INFORMATION) 

…"The Court is a service dictated by the Act, is it something that needs to be 

promoted?" 

…"I don’t know how useful the brochures are. All publications are produced by the 

National office and the audio tapes are outdated and we now have a new client 

population who require information in their languages.”

48 


5.6 Staff Awareness of Diversity Issues 

The levels of staff awareness of cultural and linguistic diversity were reported by respondents 

to vary greatly throughout the Court. It was considered that some staff had a high degree of 

cross-cultural understanding and insight while other staff had very little insight into the 

issues of diversity. Participants felt that many staff made genuine efforts to assist clients from 

diverse communities but time pressures, inadequate resources and a lack of available 

interpreters meant some clients have to leave the Court without a satisfactory outcome. Very 

few staff had been involved with cultural awareness training or training on how to effectively 

work with an interpreter. 

Comments were made about lack of training for registry staff compared to the training and 

support provided to judicial staff. There were a number of examples given in different focus 

groups about the level of training, conferences and resources the judiciary appear to receive 

relative to the registry staff. [This may be a matter that is worth exploring in more detail at 

another time as a number of respondents (registry staff) appear to hold a degree of resentment 

towards the resources allocated to the judiciary.] 

Within the Court there are some workers who are bi-lingual. Sometimes these workers are 

asked to assist as interpreters when staff are having difficulties communicating with a client. 

This utilisation of bi-lingual staff as a casual resource appears to happen reasonably frequently 

in some registries, although respondents said some bi-lingual staff are reluctant to undertake 

this role as it is in addition to their own work. 

There is some awareness within the Court that bi-lingual staff can sit an examination, register 

as a bi-lingual worker and as a result be paid an allowance in addition to their salary. There 

was only one staff member within the Court that participants knew of who was an accredited 

bi-lingual worker and received an allowance for the qualification. Respondents said Court 

registries do not actively recruit staff members who are bi-lingual. 

Quotes 

…"Three or four years ago, we had some training, but that didn’t last. They 

concentrated more on the judiciary than staff." 

…"Important for judges to have that training, but they are only dealing with 5% of the 

cases. The counter staff are the ones that come into contact with the vast majority of 

people.” 

…"There was one woman who got additional training and that allowed her to get 

accreditation which meant she could get the language allowance. But apart from her, 

there is no-one in receipt of the language allowance."

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49 

…"Levels of staff knowledge about cultural awareness relies on individual and 

collective experience that is passed on to others. This might mean that prejudices and 

biases are reinforced if they are not challenged." 

…"Clerical staff require additional support to deal with the complexities of issues. 

They need training to increase knowledge.” 

…"Often the admin staff miss out on training. They are the front line. They are the 

ones dealing with these issues everyday." 

…"The two crucial shortfalls in this court, is training and communication.” 

…"We are very conscious of the difference between all the clients." 

… "We have two or three that speak another language. We utilise them on the 

counter. We have Tagalog and Cantonese/Mandarin.” 

…"I think our awareness is pretty high generally. Just by nature of the work we are 

involved in, we deal with a lot of people from different backgrounds." 

…"I think if you should observe our people at the counter, they deal with it. I don’t 

know anyone who is not trying to do the best that they can. The interviews may take 

longer and you have to restate things, but you don’t see people not trying.” 

…"We use X a lot in general registry, and it puts a big burden on her." 

…"We can employ staff and pay them more as part of the certified agreement. The 

Court has not utilised bi-lingual staff very effectively." 

…"Some Court staff have very reasonable levels of cultural awareness. Counter staff’s 

is not very high. There are lots of casual staff. The Court is not good at tapping into 

staff needs 

…"Staff won’t undertake interpreting jobs because they are scared because they may 

make a mistake. They could get into trouble." 

…"We utilise our bi-lingual staff at the counter but its hard for them because its on top 

of their other work."

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5.7 Enhancement of Staff Capacity 

Participants believed the provision of training and information for registry staff needed to be 

provided at both a national level to ensure general standards of competency are achieved, and 

at a local level as each registry has different client populations and needs. The collection of 

ethnicity and language data was considered as essential by many participants for the planning 

and development of more effective client services at the registry and national levels of the Court. 

Cultural awareness training and sessions that provided specific information about the culture, 

values and customs of the clients groups that staff have most dealings with were identified by 

participants as activities that would enhance staff’s capacities. The development of a detailed 

list of community resources and services was considered important to enable staff to provide 

information and advice to their clients about possible assistance available within the broader 

community. This was considered to be especially important as the Court does not provide 

legal advice or practical help with the completing of forms and Orders and many clients from 

diverse backgrounds need this practical assistance. 

Comments were also made about how valuable it would be for clients to be able to view 

essential information, on video, or PowerPoint screens, while waiting for counter assistance, 

counselling/mediation or other services. Apparently there are already TV screens in some 

waiting areas, and respondents believed this approach would greatly assist those clients who 

are illiterate. 

Quotes 

… "Instead of having just huge influx of ATSI stuff nationally, we need to have some 

consideration done locally. We have a whole day on ATSI, and a lot of work leading 

up to it, but we don’t have a day on Chinese or other groups.” 

…"Technology. There is computers, there is Powerpoint. You could have an Arabic 

language computer. The clients who are Arabic speaking can stand in front of it, and 

get the information they need. You can stand there for as long as they like. People 

don’t even have to go up to a person. A lot of our clients don’t read, so we need 

Powerpoint with voice.” 

… "TV screens that you have information on where you press a button." 

… "Some cultural awareness training." 

…"The morale is so low here, some training would be good.” 

… "Issue of STD calls. Townsville has a 1800 number, why don’t we?"

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51 

…"There is a conference next week. If the money could be spent on staff instead of 

just a select few, that would be useful. That conference is for the judges.” 

…"Whilst all of our client service staff are sympathetic, it would assist if they knew 

something of the cultures of the people we have in here." 

…"Maybe the focus needs to be on the problems that people experience when they 

have a language barrier, and what can we do to put in place strategies that can assist 

them.” 

…"I have suggested in relation to divorces that the court should put together a video 

that they could use to save the counter staff a lot of time and have it so it could run on 

a loop, about what you can do when you are filling out the forms. Have it running in 

a room, there would be no reason why they could not do it and voice it over in a few 

languages. They could run on particular days in different languages.” 

…"The reality is that sometimes the people in the higher echelons of the Court are 

working out the processes have very little understanding of the problems 

disadvantaged people are facing. They don’t have in their minds the people that are 

disadvantaged." 

…"The Court in one breath wants to make things more accessible, and then in another 

make it more difficult." 

…" Training on how to deal with difficult clients would be useful." 

…"Being aware of different customs or differences, so that you can respect them and 

make them feel more comfortable." 

…"Pronouncing names is important in court matters." 

..."Awareness of other resources out in the community for different cultural groups."

52 


5.8 Areas for Improvement 

Throughout the focus group discussions, participants regularly made suggestions relating to 

ways of improving services to clients from diverse communities. The last two questions 

specifically asked respondents to identify ways in which the Court could enhance services and 

measure its success over time. Five main areas for improvement were identified by 

participants. 

The first related to the need for organisational improvement in effective planning, coordination 

and implementation of services to clients from diverse communities. Suggestions included 

having someone specifically assigned to take responsibility for the development and 

coordination of better quality services. Comments were made that resources are developed in 

isolation or as a single unit without any systematic approach or planning, and at times, without 

consultation with staff who work directly with the clients. Communication throughout the 

Court was also considered to be in need of improvement as respondents said they often did 

not know what the National Support Office and the judiciary were doing and did not get any 

feedback after being consulted on a range of issues. 

[N.B. IT IS STRONGLY RECOMMENDED THAT THIS PROJECT REPORT AND ANY FOLLOW UP ACTION/S AS A RESULT 

OF THIS STUDY BE CIRCULATED TO STAFF WITHIN THE REGISTRIES, PARTICULARLY TO THOSE STAFF WHO 

PARTICIPATED IN THE FOCUS GROUPS.] 

The second area identified by respondents as requiring improvement is data collection. 

Currently the Court does not obtain information from its clients about their ethnicity, country 

of birth or language/s spoken. As a result, participants say there is no quantifiable data 

available about the range and number of clients from different communities who utilise the 

Court and its services. Respondents said this lack of data makes planning more difficult as the 

information is not available to support proposals for developing appropriate services for 

different client groups. The only relevant data that can assist in planning relates to the number 

of interpreters utilised by different sections within a registry. Participants said the difficulty with 

this data is it reveals who has used the service but there is no comparative data to analyse if 

this is a true reflection of those who access the Court. The concern is that specific clients could 

be missing out on services or ‘falling through the net’ and data is not available to confirm or 

deny such assumptions or to ensure this is not the case. 

The third area suggested for improvement is the updating of resources and information to 

clients from diverse backgrounds. It was suggested that information needs to be reviewed and 

offered to clients in a range of forms, with consideration given to providing video or touch 

screen guided ‘tours’ at the Court to allow people to learn about the Court and its service while 

they wait. A number of comments were made by participants that clients from diverse 

communities have to sit through an Information Session in English as a requirement of the 

Court, even though they may not understand what is being said. If this is true, the situation 

must be addressed.

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53 

Two human resources activities were identified as the fourth area of possible improvement. 

Respondents believed a planned training and information program to improve their 

understanding and sensitivity to issues of diversity would be beneficial. On a practical level 

training assistance to effectively work with an interpreter was considered a useful skill for staff 

to learn. Suggestions were also made about developing recruitment strategies to employ bilingual 

workers within the Court in roles of service delivery. 

Finally, many participants believed the Court needs to engage more actively with the local 

community in which it operates and to know more about the services provided by other 

agencies. This would enable staff to provide more useful information to clients when they ask 

for direction or assistance. Obtaining knowledge about the services available in the local 

community to clients from diverse backgrounds and making links with other family based 

services and government organisations was considered to be a positive way forward. Concern 

was expressed that unless agencies worked together, some clients could either end up going 

around in circles or miss out on valuable support and assistance. 

When participants were asked what measures could be use to gauge the quality of service 

delivery the Court provides to clients, most respondents suggested surveying clients to 

ascertain their views about the involvement they have had with the Court and its staff. It was 

also suggested that staff could be surveyed and that diversity could be included as a 

component of staff performance appraisal. 

Quotes 

…" Use the ethnic media, particularly the radio and newspapers to tell people what 

the Court does." 

…"Make more links with community groups and work more closely with them." 

… "Access to statistics would be helpful, so we could plan our services and know what 

is needed.” 

…"Our new case track system does not capture where people are born. It has broad 

categories such as south-east Asia so people leave it out. We used to know but we 

don’t have that with the new case track.” 

…"On the initial applications we have country of birth on the form, but what we have 

on computer doesn’t capture that." 

… "We could hire people with languages to work at the counter." 

… "Set up touch TV with information about the Court in different languages.”

54 


…"The creation of a position within the Court that would ensure that someone had the 

responsibility of integrating issues of access and equity across the various Court 

services." 

… "Set up touch TV with information about the Court in different languages.” 

… "Information sessions that could be provided in different languages.” 

…"Update current translations used by the Court. The current Court translated 

brochure has the wrong information and the wrong court address." 

… "More reaching out. The Court could have simple brochure on what we do and 

distribute it to centres like Citizen’s Advice Bureau’s and Community Legal Centre.” 

… "Go to community leaders and engage in sharing information. Let communities 

know what we are offering.” 

… "Employment of bilingual staff – as a recruitment strategy. It provides you with 

cultural knowledge.” 

… "Tapping into the resources of other organisations. Eg. VITS profile." 

… "We could have TVs and information about the Court in different languages while 

people wait, and audio tapes in different languages.” 

… "What data is collected about different clients? How do we know who our clients 

are if we don’t collect stats?" 

… "I know we have information on the interpreters we use, but they are only the 

statistics about the cost of interpreters we use.” 

… "We are always being asked at ground level what should happen– then nothing 

happens and we don’t hear anything about the results." 

… "Maybe we could have Information Session slides in another language." 

… "There’s no training for staff in use of interpreters.” 

… "Each registry needs to be able track diversity data to inform planning."

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55 

… "Broad cultural diversity training and how the deal with a broad client base.” 

… "We miss what is happening in clients communities – need to inform clients of 

options." 

… "Good to get someone to talk about trauma and issues refugees face.” 

… "If we knew who our clients groups are /collect the data then run information 

sessions that are in different languages." 

… "We have to go into the communities –give information sessions in the community. 

It would help to break the barriers." 

… "We need written resources about where we can refer clients in this community for 

assistance." 

… "Measure clients satisfaction with the treatment they received from the Court.” 

… "Interview clients and staff now and in 12 months time-see what the difference is.” 

… "We deal with clients-directly. Get client feedback. A sample clients will give you 

a picture. There’s no client feedback formally provided to staff.” 

… "Build working with a diverse range of clients into performance appraisal.” 

… "We have so many one offs - need to keep this issue of diversity in the forefront for 

staff’s mind. It needs to be planned.” 

… "Collect data nationally/ then can develop strategies and survey staff and clients 

and ask serious questions about service and quality.”

56 


6 Community Consultations 

6.1 Outline of the Community 

Consultations 

Client feedback in relation to the design and delivery of services is increasingly being 

recognised as an integral part of any model of quality assurance systems. By focussing on 

clients, organisations are able to better target their priorities and expenditures, plan 

strategically, improve productivity and efficiency and rationalise services and operations 

accordingly and appropriately. 

Therefore, to enhance the breadth and quality of this study the consultants considered it 

important to obtain the views of representatives and workers from diverse communities. As a 

result two communities. 

Consultations were organised and a broad range of community organisations were invited to 

attend. The first consultation was held (in the evening) at the Migrant Resource Centre (MRC) 

in Parramatta. Approximately 28 community representatives attended from a wide range of 

culturally diverse communities. Justice Flohm from the Parramatta Family Court attended and 

spoke briefly at the beginning of the meeting. 

The second consultation took place in Melbourne at the Ethnic Communities Council of 

Victoria (ECCV). Again, a wide range of community agencies was invited to attend an evening 

meeting and approximately 25 representatives participated in this meeting. Justice Mushin 

from the Melbourne Family Court was in attendance at this meeting. On both occasions it was 

valuable to have a Judge attend the consultations as it demonstrated the commitment of the 

Court to working with diverse communities. 

6.2 Benefits of Client Consultations 

The willingness of the people who attended to volunteer their time is evidence that there is a 

strong commitment to assisting genuine attempts by the Court to improve its delivery of 

services to diverse communities. Indeed this was further expressed by the commitment of the 

Parramatta Migrant Resource Centre to explore the possibilities of translating "The Family Court 

Book" into a number of languages, and the ECCV to undertake a moot court for ethnic 

communities in collaboration with the Court. 

It is important for the Court to consider ways in which it can capitalise on these expressions of 

involvement generated by the Project in relation to furthering its commitment to increasing 

access to services for diverse communities.

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6.3 Findings 

Community representatives were asked to comment on their community’s attitude/s to the 

Court and any barriers that clients experience when accessing the Court. They were also asked 

to provide any suggestions for improvement. The following is a summary of the discussions at 

these two meetings. 

6.4 Lack of Awareness of the Court 

Community representatives report that there is an enormous lack of basic awareness and 

understanding in culturally diverse communities about the role of the Court and the services it 

provides. Many of the representatives reported they themselves knew very little about the Court 

and its role. This lack of basic knowledge also means that incorrect perceptions can develop 

about what the Court does and reduce even further people's access to services. Based on the 

feedback from participants at both meetings, there is no doubt that presently, culturally diverse 

communities and the organisations that serve them, have very little understanding of the 

purpose and work of the Court. Confusion was also expressed by some participants about the 

role of different legal bodies and the differences between them. An important outcome from 

these consultations is that even very basic knowledge about the Court’s work is not known. 

Quotes 

…"there are issues of understanding what is available at the Court.” 

…"there is a lack of knowledge in communities about the role of the Family Court." 

…"for many people from different cultural backgrounds the Family Court is the last 

option. There is a need to educate them that it can be the safest thing." 

…."I’m the chairman of our agency and a community leader and I don’t know what 

the Court does." 

…"Community sees problems with the Court because people don’t have an 

understanding of what it does.”

58 


6.5 Fear of the Court 

Participants said that for a number of people from culturally diverse backgrounds there can be 

substantial stigma and a lot of fear associated with divorce and ‘going to Court’, especially for 

those from refugee communities who may have experienced abuse previously by government 

and/or legal authorities. 

Women can often express a feeling of heightened vulnerability when involved with male 

solicitors and the Court. A number of workers said women were also frightened because they 

thought the Court could take their children away from them. Participants used very strong 

words to describe the feelings some people had about the Court. Given the lack of 

understanding communities have of the Court’s work and the reported fear people have of the 

Court, it will be essential that any community outreach undertaken be systematic and ongoing, 

as negative beliefs appear to be quite entrenched. 

Quotes 

…."Just the word Court is very threatening.” 

… "there is so much shame associated with domestic violence and women don’t want 

to go to Court.” 

…"I was scared of going to the Family Court and I missed out on getting any money 

from the divorce, and I’m an educated bi-lingual worker.” 

… "there is a perception when I talk to Family Court clients that the Court will take 

their children away.” 

…"Clients who are survivors of torture can suffer great traumas when accessing the 

Court because of the associations they have with previous authorities and the abuse 

the suffered then (and it makes them fearful now).”

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59 

6.6 Only Negative Outcomes 

Some representatives advised that there is a perception and attitude by their members that only 

negative outcomes result from being involved with the Court. Participants said they do not 

hear the positive outcomes of the Court and what has been achieved for clients. This results 

in members avoiding the Court because of its negative reputation. 

Quotes 

…"the family Court is a very stressful time for anyone-we don’t hear anything good 

about the Court." 

…"Many of our members are terrified of accessing the Court given their previous 

experience of abuse legal authorities. How does the Court try and change this 

perception?" 

…"Perceptions of my clients are either that the Family Court will separate families or 

try to keep them together.” 

…"I’ve heard from many clients that the person with the highest level of English has a 

better chance of winning.”

60 


6.7 Areas for Improvement: Community 

Education and Information 

The overwhelming response from participants when asked about areas for improvement was 

that the Court needed to provide ongoing information and awareness raising in the community 

of what the Court did and how it could assist clients from diverse communities. It was 

suggested that direct and ongoing relationships needed to be developed with culturally diverse 

community organisations and various local service providers (and their bi-lingual workers). 

This would assist to increase the knowledge and confidence of people from culturally diverse 

backgrounds of the purpose/s and work of the Court and the services it could provide. 

A number of people said that information sessions held in the community would be a good 

way of breaking down some of the misconceptions held about the Court. Given that many of 

the representatives at the meetings were not aware of the mandate of the Court and its services, 

the Court should initially begin its outreach activities informing community organisations of its 

role. The development of a range of accessible material that simply explained what the Court 

does and how it could assist citizens was also seen as important. 

Quotes 

…"provide better distribution of information through the local communities." 

…"information could be made available in community resource centres, migrant 

resource centres and local libraries." 

…"need more education and information sessions about what the Family Court does.” 

…"Other Courts have Information Sessions about what they do, it would be good if the 

Family Court did this.” 

…"The Family Court needs to do community education, so communities know what 

services are available .” 

…"It’s important to inform communities about the processes before they get to the 

Court.” 

…"I think its important that the Court invests time and resources to go out and inform 

communities about the work of the Court.”

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61 

6.8 Other Suggestions for Improvement 

A number of other suggestions were made about ways the Court could improve access to 

clients from diverse community. The quotes speak for themselves. 

Quotes 

…"Make the physical environment of the Court less intimidating.” 

…"Utilise ethic media to promote the work of the Court.” 

…"Develop interactive videos with information about the Court.” 

…"Explain the legal jargon in simple terms." 

…"Make the Court a more welcoming environment.” 

…"personalise the Court more. A welcoming face would help.” 

…"Provide cross-cultural training to Court staff.”

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7 Consideration of Key 

Issues 

This project provides the Court with an opportunity to continue to enhance its service delivery 

to diverse client groups. The process has enabled the Court to identify the strengths of existing 

initiatives, weaknesses and some areas for improvement for the purposes of strengthening the 

Court's efficiency and effectiveness in providing quality services to its diverse client base. 

A number of themes have emerged from both the staff and the community consultations, in 

addition to the review of internal documentation, all of which are inextricably linked. Much 

of the discussion relates to broader, longer term issues for the Court's consideration. Other 

suggestions however, are more immediate and about good practice and can be achieved with 

minimal effort, and will assist staff in their day to day dealings with diverse client groups. 

Whilst many of the issues discussed raise areas for improvement, it must be acknowledged that 

good practice examples of innovative and highly effective strategies for ensuring the inclusion 

of diverse clients and communities were raised during the staff consultations. Clearly, these 

examples of good practice need to be consolidated and utilised across the Court's Registries 

as a guide to other staff. 

It is important that any action plan/implementation of recommendations be grounded in the 

experience of both Court staff, and the communities who access the Court, and owned by 

those translating policy into practice. Indeed the suggested improvements provided by staff and 

communities provide the Court with exciting opportunities for working towards the creating of 

a quality organisation that continuously improves and sustains performance. 

7.1 Preliminary Considerations 

7.1.1 INTEGRATING THE DIVERSITY STRATEGIES - THE ROLE OF THE 

NATIONAL CULTURAL DIVERSITY COMMITTEE AND THE NEED 

FOR CO-ORDINATION AND RESOURCES 

Clearly the National Cultural Diversity Committee is well placed to assist the Court in the 

development of effective and innovative strategies to implement diversity strategies across the 

whole of the organisation. Its leadership will be vital. 

The importance of a well developed and realistic Implementation Strategy that identifies 

appropriate processes and time-lines cannot be underestimated. The Committee is ideally 

situated to champion the implementation. However, it is critical that the Committee carefully 

assess the extent to which it has the necessary support and infrastructure to enable this to take 

place in a planned and coordinated fashion.

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63 

There are implications that emerge from the findings that suggest the need for a specific 

allocated position that might assist the Committee to undertake the effort required in a more 

consistent manner. This might assist also in steering the Court towards an organisational culture 

that integrates diversity considerations into the core of its business. 

7.2 Elements of Implementation 

There is a need to develop an effective implementation plan that seeks to address the issues 

raised during the Project. In developing such a plan, the following needs to be considered: 

 

 

 

 

 

 

 

 

that the need for a Diversity Client Strategy is accepted and the imperatives for change 

are understood; 

that the benefits of diversity are translated in meaningful terms to staff and 

management; 

that the strategy is congruent with the Family Court's organisational values and goals; 

that links with current relevant Court initiatives are established; 

that clear links with a Diversity Strategy and a quality service and performance are 

established; 

that the change process is supported and ‘owned’ by senior and middle management; 

that the skills acquisition requirements of staff in implementing a diversity strategy in 

their core business are carefully assessed and appropriate; resource and training 

strategies are subsequently developed; and 

that a renewal plan for maintaining the gains, planning future actions and continuous 

improvements is established. 

In developing an Implementation Plan, due consideration also needs to be given to the range 

of issues raised during the consultative phase of the Project. 

7.3 Issues of Staff Consultations 

The process of consulting with staff highlights the need to think differently about the policy 

process within the Court, and the need to challenge the perceived linear 'top down' model of 

policy implementation. Clearly, the input that staff provide adds considerable value to ensuring 

that the development of policy reflects the realities and possibilities of its implementation on 

the ground.

64 


7.3.1 DATA AND IDENTIFYING CLIENT NEEDS 

Often, the single most important stage in the strategic planning process is determining who the 

client is, and then determining what the needs of those clients are. A successful organisation 

is often identified as one that readily understands its clients' needs and is able to translate this 

into the way in which it designs and delivers its services. 

Staff were clearly frustrated by the lack of data available to them, and were not aware of any 

formal processes for identifying current clients and their needs. 

7.3.2 ISSUE OF SUPPORTING AND RESOURCING STAFF 

Attempting to meet the diverse needs of diverse client groups can be challenging as expressed 

by staff in the focus groups. It is important that the needs of staff in attempting to successfully 

meet the needs of the client groups are recognised and that appropriate resources/training is 

provided. 

7.3.3 DEVELOPMENT OF A TRAINING PLAN 

The feedback from staff suggests the need for a less ad hoc approach to client services training. 

This can take place through the development of a Training Plan that incorporates a needs 

assessment and analysis phase. It could also be developed as a competency based Client 

Services Training Program that was inclusive of diversity principles and was consistently 

delivered to all new staff recruits. 

The need for training was repeatedly identified by staff in relation to service delivery to diverse 

client groups. More specifically, the training should incorporate the following identified 

subject matter: 

 

 

 

 

 

 

customer service in diverse settings 

diversity and its impact on service provision 

integrating diversity into planning and design 

seeking out community resources 

effective consultative processes with diverse client groups 

specific cultural and religious information

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65 

7.4 Role of the Court 

Consultations with both communities and with staff suggested that there was a need to clarify 

the role and functions of the court. This is an opportune time for the Court to do this. This may 

be done through a defined communications (including promotional) strategy. 

7.4.1 COMMUNICATION STRATEGIES 

Developing effective communication strategies with both clients and staff across the Court is 

a critical element in the successful implementation of a diversity initiative. 

7.4.2 EXTERNAL COMMUNICATION 

It would seem that the Court has not developed a comprehensive external communications 

plan which sets the broad context for communication and sets priorities for particular target 

groups within diverse communities (apart from the two communities identified as being 

Chinese and Vietnamese), timeframes and events on an annual basis and programs, and which 

is clearly articulated to all staff. Communications planning will guarantee a coordinated and 

less ad-hoc approach to communication with external customers. 

Specific communication strategies with Indigenous and NESB communities must be cognisant 

of how cultural protocols impact on processes of effective communication. To improve and 

maintain communication with diverse communities, genuine partnerships between 

communities and the Court need to be established. 

Clearly, it is important that the imagery utilised in any Court (information dissemination) 

communication strategy reflect the diversity that characterises culturally and linguistically 

diverse groups, eg. gender, age and the specific experiences of refugee communities. 

7.4.3 LACK OF UNIFORMITY IN APPROACH BY COUNTER STAFF 

There is also a lack of consistency across each of the registries in relation to provision of 

information and service to diverse client groups. Some clients can receive different information 

depending on which registry they attend. 

Development of service standards in relation to diverse client groups may need to be 

considered.

66 


7.4.4 INTERNAL COMMUNICATIONS 

Staff consulted during the Project raised concerns that they were often unclear about what is 

expected of them in relation to broader Court strategies, and were unaware of some of the 

initiatives undertaken by National Office. 

Many suggested that a more comprehensive internal communication strategy would assist 

them to become more fully aware of the Court's strategies and priorities. 

Staff cited examples of being completely unaware of a range of initiatives undertaken by the 

Court which had they known about them, would have been of immense benefit to them in 

their daily core activities. (Ethnic Liaison Officers, and the confusion around what they could 

have offered to staff). 

7.5 Consultations, Client Feedback and 

Continuous Quality Improvement 

A number of staff highlighted that client feedback was often sought in ad hoc ways. 

Furthermore, methods of obtaining client feedback were often not perceived to be inclusive of 

the diversity of customer groups. 

Consultations and ongoing community involvement were identified by both staff and 

community groups as important to ensuring that the Court is developing and delivering its 

services as effectively and efficiently as possible. 

7.6 Human Resources 

Matching internal human resource management with client service need for a Workplace 

Diversity program that specifically addresses the issue of recruitment of bilingual staff, and the 

issue of language accreditation. 

By embracing the diversity of its staff, the Court will be in a better position to respond to its 

diverse range of clients

inside back cover

For further information: 

FAMILY COURT OF AUSTRALIA 

T 02 6243 8066 

F 02 6243 8787 

GPO BOX 9991 ~ Canberra City ACT 2601 

or visit us on the web: www.familycourt.gov.au 

FEBRUARY 2002

Diverstiy Audit Report - Family Court of Australia

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