Académique Documents
Professionnel Documents
Culture Documents
1
Judicial Commission of new south wales, Equality before the Law Bench Book (2006) iii, available at:
www.judcom.nsw.gov.au/publications/benchbks/equality (accessed 14 July 2009).
Everyone who comes into contact with the court system (whether
represented or self-represented) must not only be treated fairly and
without discrimination, but also believe they are being treated fairly
and without any form of discrimination otherwise, public
confidence in the judicial system will be compromised.
2
Waters v Public Transport Corporation [1991] hCa 49 at [10]; (1991) 173 Clr 349 at 402.
3
australian human rights Commission, Homelessness is a Human Rights Issue (2008), available at:
www.humanrights.gov.au/human%5frights/housing/homelessness_2008.html#5_3 (accessed 14 July 2009).
4
salthouse s and frohmader C, double the odds domestic violence and women with disabilities, paper
presented to the home truths Conference, melbourne 15-17 september 2004, available at:
www.wwda.org.au/odds.htm (accessed 14 July 2009).
5
australian bureau of statistics (abs) and australian institute of health and welfare, The Health and Welfare of
Australias Aboriginal and Torres Strait Islander Peoples 2008 Cat no 4704.0 (2008), available at:
www.abs.gov.au/ausstats/abs@.nsf/detailsPage/4704.02008? (accessed 14 July 2009).
Knowing and using appropriate terminology that will cause neither offence nor the
perception of discrimination.
Not making false assumptions about the lifestyle of, for example, a lesbian or a gay man.
Being able to understand and, where appropriate, take account of the differing
circumstances and needs of people with different religious affiliations, people with
child care responsibilities, children and young people, or people who have a
particular type or form of disability, in relation to such matters as the timing and
length of court appearances.
Being able to understand and take appropriate account of the impact of having a low
income or a high cost disability.
Being able to understand and take appropriate account of a culturally-specific practice that
might have influenced a particular persons behaviour in relation to the specific
matter(s) before the court for example, the importance of the concept of kinship in
defining or shaping the attitudes, values and behaviour of many Aboriginal people.
6
see also the discussion in Graycar r and morgan J, The Hidden Gender of Law (2nd ed) (2002) 2855; and
australian law reform Commission, Equality before the law: Justice for women (report no 69) (1994) Part i and ii,
available at: www.austlii.edu.au/au/other/alrc/publications/reports/69/vol1/alrC69.html and
www.austlii.edu.au/au/other/alrc/publications/reports/69/vol2/alrC69.html (accessed 14 July 2009).
7
[2003] hCa 62 at [202]; (2003) 217 Clr 92 at 154.
8
see Oaths, Affidavits and Statutory Declarations Act 2005 (wa) s 4.
Guidance about how judicial officers might need to take account of this information in
court from the start to the conclusion of court proceedings.
9
fryer-smith s, Aboriginal Benchbook for Western Australian Courts (2nd ed) (2008), available at:
www.aija.org.au/index.php?option=com_content&task=view&id=436&itemid=165 (accessed 7 July 2009).