Inclusion and Diversity Note from the Diversity and Equality Committee - Review of Judicial Impartiality

02/10/2020

The Federal Attorney-General, the Hon Christian Porter MP, announced on 11 September 2020 that the issue of judicial impartiality has been referred to the Australian Law Reform Commission to consider whether, and if so what, reforms to the laws relating to impartiality and bias as they apply to the federal judiciary are necessary or desirable.

The Terms of Reference are:

• whether the existing law about actual or apprehended bias relating to judicial decision-making remains appropriate and sufficient to maintain public confidence in the administration of justice;

• whether the existing law provides appropriate and sufficient clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality;

• whether current mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, are sufficient and appropriate, including in the context of review and appeal mechanisms; and

• any other matters related to these Terms of Reference.

The report will be delivered to the Attorney-General on 30 September 2021, following wide consultation with the legal profession, courts, tribunals and the broader community.

The link to the media release can be found here.

This consultation presents an opportunity for a national forum to discuss and tackle the ongoing issue of unconscious bias which, while relevant to all professions, is particularly important in the legal profession given the work we do, the independence we seek to bring to our work and the various workplaces we move between. It is important to have a culture that seeks to address unconscious bias.

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