NCJ Number
61134
Date Published
1978
Length
63 pages
Annotation
LAWS AND LEGAL PROCESSES AFFECTING CITIZENS' ACCESS TO LITIGATION IN AUSTRALIA ARE DISCUSSED.
Abstract
AUSTRALIA IS A FEDERAL STATE WITH SIX CONSTITUENT STATES AND A FEDERAL GOVERNMENT. EACH STATE AND THE FEDERAL GOVERNMENT HAS ITS OWN PARLIAMENT AND JUDICIARY. WITH THE EXCEPTION OF QUEENSLAND AND VICTORIA, WHERE LAW REFORM BODIES ARE EXAMINING DELAYS IN THE SUPREME COURTS' CASE FLOW, THERE IS LITTLE OR NO OFFICIAL INTEREST IN PROCEDURAL REFORM. AUSTRALIA HAS LONG PROVIDED SOME FORM OF LEGAL AID SERVICE, BUT ONLY RECENTLY HAVE SALARIED AND VOLUNTARY SERVICES BEEN WIDELY DEVELOPED. LAW STUDENT LEGAL SERVICES HAVE BEEN STARTED AND ARE NOW BEING SUPPLEMENTED BY CLINICAL LEGAL EDUCATION COURSES IN SOME UNIVERSITIES. PROVISION IS MADE FOR SMALL CLAIMS TO BE DEALT WITH PARTIALLY OR WHOLLY IN TRIBUNALS OTHER THAN THE COURTS, WITH THE TRIBUNALS BEING SUBJECT TO ADMINISTRATIVE LAW. THE MOST PROMISING APPROACH LIES IN A SUMMARY COURT OPERATING A DISTINCT PROCEDURE PRESIDED OVER BY SPECIALLY APPOINTED MAGISTRATES, WITH LEGAL REPRESENTATION BEING THE EXCEPTION. EMPLOYMENT DISPUTES CAN ALSO BE BROUGHT TO ADMINISTRATIVE TRIBUNALS. THE LAST 10 YEARS HAVE SEEN THE RAPID ADVANCE OF ADMINISTRATIVE LAW AND CONSIDERATION OF THE PROBLEMS INVOLVED. FIVE ACTS TO CREATE OMBUDSMEN HAVE BEEN PASSED IN THE LAST 4 YEARS, AND IN 1973, TWO MAJOR REPORTS WERE DONE ON THE ISSUE OF APPEALS FROM DISCRETIONARY DECISIONS. SUBSTANTIVE LAW HAS BEEN DEVELOPED IN THE AREAS OF CONSUMER PROTECTION, DIVORCE, LAND USE CONTROL, LANDLORD AND TENANT DISPUTES, AND THE ENVIRONMENT. THE FEDERAL GOVERNMENT IS CURRENTLY EXAMINING THE IMPLICATIONS OF CHANGES IN THE ROLE OF THE ATTORNEY GENERAL WITH A VIEW TOWARD GIVING THIS OFFICE GREATER POWER TO ACT AS PROTECTOR OF THE PUBLIC INTEREST. (RCB)