WHAT IS JUSTICE?

By David Gooley

Legal Studies Teacher – Senior School Assistant Head of Department (History) –Senior School

I attended the annual Legal Studies Teacher’s Association Conference in March this year in Sydney. The conference offers an opportunity for teachers to access the latest developments in the teaching of Legal Studies and hear from academics and experts in the legal field. This year’s conference was no exception.

Speakers included Judge Nel Skinner, President of the NSW Children’s Court, who highlighted the social and economic causes of juvenile offending. She noted the link between children appearing before the court due to abuse or neglect and their subsequent involvement in juvenile justice issues. In the Legal Studies course, students study both legal and non-legal means of achieving justice, and Judge Skinner emphasised that programmes aimed at building relationships and supporting families in the care system are the best way to prevent juveniles from entering the criminal justice system.

We also heard from Lorraine Findlay of the Australian Human Rights Commission, who presented the Challenges of Protecting Human Rights in the Australian Context. Despite Australia’s relatively good record, she discussed the difficulties of safeguarding rights in a multicultural, socio-economically diverse society, particularly given our contested social history. Ms Findlay highlighted that promoting the human rights of First Nations people remains a significant challenge.

Justice Warwick Hunt from the NSW District Court delivered a compelling talk on the role of juries in criminal trials. He questioned whether juries can be truly impartial in the age of social media and examined how different members might interpret ‘reasonable doubt.’ These are valuable questions to pose to students.

Justice Hunt also discussed the recent innovation of the ‘Walama List’. Walama is a word from the Dharug language that means ‘come back’ or’ return. ‘ In the context of the Walama List, it refers to a return to identity, community, culture, and a healthy, crime-free life for eligible Aboriginal and Torres Strait Islander offenders. The Walama List provides a therapeutic and holistic approach to sentencing, working with Elders and respected community members to address the underlying needs and risk factors related to offending behaviour. It aims to reduce re-offending, keep communities safe, and reduce the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system. Like the issues raised regarding the Children’s Court, this provides a highly relevant case study for students, encouraging them to consider whole-community approaches to addressing criminal offending.

In addition to these and other guest speakers, the conference included sessions on literacy and innovative means of delivering content in Legal Studies. I picked up several ideas I have since shared with colleagues and implemented in my classes. As always, the conference was a valuable opportunity for subject-specific professional development and the cross-fertilisation of ideas with peers across NSW and the ACT.