Social Justice Corner
Is Technology the Key to Innovating Access to Justice?
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t would be ignorant to dismiss the idea that technology may have something to contribute to social justice. With social and political movements such as #BlackLivesMatter and #ArtsakhStrong utilising technology, and in particular social media platforms, to make a difference, these online advocacy campaigns have the capacity to encourage greater civic engagement in a range of worthwhile causes. While we are quick to identify and understand the nature of the relationship between technology and social justice in non-legal contexts, there is also an undeniable value to technology in the legal sphere. The pursuit of pro-justice tech solutions has become instrumental in a range of legal areas, namely, to improve the accessibility of legal services in Australia. With access to justice being a fundamental pillar of the rule of law, it is integral that members of the public receive high quality legal advice that is timely and affordable, and that they also feel heard and involved in the court process. Most commonly, technology supports this in ways such as structuring courtrooms to allow parties and witnesses to appear via teleconference (audio-visual links), utilising electronic filing systems, and online interaction methods for the provision of legal advice. It would seem that the development of new tech-based resolutions and the advancement of access to justice rightly remains a core concern for the government. In 2018, the New South Wales Department of Justice launched the Access to Justice Innovation Fund. The grants program is designed to encourage a broad range of stakeholders, including legal professionals, non-government organisations and not-for-profit organisations, to develop innovative ideas that will help improve access to justice in NSW. As part of the program, the NSW Government has invested $250,000 into designing and building a ‘chatbot’ to help 10 | The Brief
Celine Nalbandian
vulnerable people solve common legal problems with speed and ease. With Marrickville Legal Centre being the pioneer of this technology, it is intended that the chatbot will become integrated in the services provided by all community legal centres (‘CLCs’). AttorneyGeneral Mark Speakman has previously noted that the innovation could ‘revolutionise service delivery in CLCs by reducing the bottleneck of simple queries.’ Notwithstanding the possibilities offered by technology, the reality is not always perfect. As with most technological advancements, there remains a barrier to widespread tech adoption due to the challenges posed by digital illiteracy faced by some of the population, limitations to access to data, regulatory concerns and algorithmic bias. In a recent report titled, ‘Technology, Access to Justice and Rule of Law’, the UK Law Society acknowledged that technology is not the ‘silver bullet’ to making the justice and legal system more accessible. Instead, they recommend that in order for technology to improve access to justice, it has to be accompanied by an innovation strategy that is humancentric and supported by infrastructure. This means that any and all innovation should be based on the individual with legal needs and have an indication of the teams or individuals who will use it and maintain it. While we can hope for a future in which technology may solve the myriad of challenges posed by inequitable access to justice, there is reason to suggest we should view it as one of the many tools that can be mobilised by the legal profession to develop innovative strategies for social justice.
“... in order for technology to improve access to justice, it has to be accompanied by an innovation strategy that is human-centric and supported by infrastructure. Ed.3 2020
