New report into judicial independence

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Media Statement

From Justice Steven Moore
President of the Australian Judicial Officers Association

2 December 2024

A report into the state of judicial independence in Australia has found “there is much to be proud of, but also much to do”.

The Australian Judicial Officers Association commissioned a research paper ‘Judicial Independence in Australia’ by Dr Jessica Kerr of the University of Western Australia to raise awareness about the need for vigilance about risks to judicial independence.

Dr Kerr found 12 main pressure points for judicial independence:

1. Resourcing and workload pressures
2. Transparency and coordination in judicial regulation
3. Appointments (including diversity, temporary appointments and inter-court promotions)
4. Evolving expectations of judicial conduct and competencies
5. Role of heads of jurisdiction (including administrative transfers and safeguarding)
6. Judicial stress and well-being
7. Responses to judicial misconduct and harassment
8. The scope of judicial immunity
9. New technologies, including artificial intelligence, within and beyond the courtroom
10. Legislative restrictions on open justice
11. Judicial independence in non-court environments
12. Retirements ages and pensions schemes

AJOA President Justice Steven Moore said the threats the AJOA wanted to highlight were resourcing, judicial stress and wellbeing including threats to judges, judicial immunity and regulation of the judiciary.

“It is essential to our democracy that judges decide matters solely on the basis of the legal and factual merits of the case – that is what judicial independence requires”, he said.

“Judicial independence is not ‘set and forget’, it requires active monitoring, and active championing by all sectors of society – the legal profession, state and federal governments, and the public themselves.”

“We hope this report is both a launching point for further investigation into the risks facing judicial independence and how to mitigate them, and a reminder that we should not take the stability we enjoy in Australia for granted.”

Dr Kerr’s report affirms the continuing importance of an independent, impartial and competent judiciary to the health of the Australian system of government.

“Judicial independence may operate as a shield for the judiciary, but it is not a luxury or privilege that we can afford to dispense with,” she said.

“Appointing independent judges, and supporting them to make independent decisions, is a non-negotiable in any society committed to democratic governance and the rule of law.”

“Evaluating the current state of judicial independence in Australia by the standards reflected in the Judicial Independence Monitor reveals that there is much to be proud of, but also much to do.”

The report is the first time the Judicial Independence Monitor – a methodology developed by the American Bar Association – has been used in Australia.

The Monitor identifies and assesses vulnerabilities across three categories – internal independence, external independence, and accountability and transparency.

Read the Australian Judicial Officers Association’s public statement.
Read Dr Kerr’s full research paper ‘Judicial Independence in Australia’.

The Australian Judicial Officers Association is the professional association of judges and magistrates in Australia. For further information, contact Karen Sloan, Australian Judicial Officers Association Secretariat: secretariat@ajoa.asn.au | 02 6125 5763.

The President of the AJOA is not available for broadcast or television interviews on this matter.