By: Aisyah Kahar (a religious court judge and a master's student at the University of Melbourne)

I Introduction

Implicit bias is unconscious attitudes or stereotypes that affect our understanding, actions, and decisions. These biases operate below the level of conscious awareness and can influence judgments and behaviours in ways that often contradict our declared values and beliefs. In the judicial, implicit biases can manifest in numerous ways, subtly skewing a judge's interpretation of evidence, the demeanour of witnesses, and even sentencing decisions. Given the profound impact that judicial decisions have on individuals' lives and society, it is crucial that judges are aware of and actively work to mitigate the effects of these biases. Educating judges about implicit bias as part of their training is essential for ensuring fairness in judicial decisions, enhancing public trust in the judiciary, and fostering a judicial environment.[1]

Implicit bias arises from the brain's natural tendency to categorise information to process it quickly and efficiently. While this cognitive shortcut can be useful, it can also lead to unintended and often unfair judgments. For instance, a judge might unconsciously associate certain ethnic groups with specific behaviours or traits, which can influence their decision-making process without their conscious awareness. This is particularly concerning in a legal system that prides itself on impartiality and the equal treatment of all individuals under the law.[2]

Implicit biases are pervasive and can affect anyone, regardless of their background or experiences. They are formed through societal and cultural influences, including media representations, personal interactions, and broader societal norms. Because these biases are deeply ingrained and operate subconsciously, they can be challenging to recognise and address without targeted training and education.[3]

           This paper will argue about how important implicit bias education is for the judge. Section II talks about fairness in judicial decisions regarding implicit bias. Section III talks about enhancing public trust by minimizing bias. Section IV writes about the importance of eliminating implicit bias to create an inclusive judicial environment. Section V discusses improving judicial efficiency with the implicit bias training for the judge. Section VI discusses about aligning with other countries. Finally, I will conclude that implicit bias must be taught in Judge’s training cause it is very vital for justice.

II Ensuring Fairness in Judicial Decisions

Fairness is the cornerstone of the judicial system, vital for maintaining the integrity of the law and public confidence in legal institutions. Ensuring fairness involves making impartial decisions based on evidence and legal principles, free from the influence of personal prejudices or societal stereotypes. Implicit bias, however, poses a challenge to this ideal by subtly affecting judges' perceptions and judgments. Implicit biases are the unconscious attitudes or stereotypes that affect our understanding, actions, and decisions. These biases are formed through cultural, societal, and personal experiences and operate automatically, without conscious awareness. In the judicial, implicit biases can influence how judges interpret evidence, evaluate witness credibility, and decide on sentencing.[4]

The existence of implicit bias contradicts the foundational principle that justice should be blind and impartial. When judges are unaware of their biases, they may inadvertently rely on stereotypes or other irrelevant factors in their decision-making processes. This can lead to inconsistent and unjust outcomes that disproportionately affect certain groups, thereby perpetuating systemic inequalities within the legal system.[5]

A Legal Reasoning and Interpretation

Legal reasoning and interpretation are central to a judge's role. Judges are tasked with applying the law to the facts of a case, interpreting statutes, and making decisions based on legal precedents. Implicit biases can distort these processes by influencing how judges perceive and weigh evidence. Educating judges about implicit bias can help mitigate these effects by increasing their awareness of how biases operate and providing strategies to counteract them. [6]

B Behavioural Law and Economics

Behavioural law and economics examine how psychological factors influence legal decision-making. This field highlights how biases, including implicit biases, can lead to suboptimal and unjust outcomes. For instance, studies have shown that judges, like all people, are susceptible to biases related to race, gender, and socioeconomic status, which can affect their sentencing decisions. Implicit bias education can help judges recognise when they rely on cognitive heuristics and encourage them to adopt more deliberate and reflective decision-making processes.[7]

One of the notable Australian cases that illustrate the impact of implicit bias in the judicial system is the case of R v. O'Donnell.[8] In R v Donnelly[9], the appellant, Donnelly, was convicted of multiple offences, including theft and assault. The sentencing court imposed consecutive sentences for each offence, leading to a substantial total period of imprisonment. Donnelly appealed against the severity of the sentences, arguing that the aggregate sentence was excessive and did not adequately consider the principles of totality and proportionality.[10]

The New South Wales Court of Criminal Appeal (‘NSWCCA’) examined the sentences imposed on Donnelly to determine if the totality principle was correctly applied. The court reviewed the overall effect of the consecutive sentences and assessed whether the total sentence was proportionate and just. The NSWCCA also considered the proportionality of the individual sentence and the aggregate sentence. The court considered the seriousness of the offences, Donnelly's criminal history, and the impact of the sentences on his prospects for rehabilitation. The NSWCCA found that the sentencing court did not adequately apply the totality principle. The aggregate sentence was deemed excessive and disproportionate to Donnelly's criminal conduct. As a result, the court adjusted the sentences to ensure that the total punishment was fair and just.

C Practical Steps for Addressing Implicit Bias

Implementing practical steps to address implicit bias is crucial for ensuring fairness in judicial decisions. One effective approach is providing judges with regular training on implicit bias, including the latest research and practical strategies for mitigating its impact. This training can include workshops, seminars, and online courses that cover topics such as the nature of implicit bias, its effects on decision-making, and methods for identifying and counteracting biases. Another important step is to promote a culture of self-reflection and accountability within the judiciary. Judges can be encouraged to regularly review their decisions and consider whether implicit biases may have influenced their judgments. This can involve keeping a decision journal, participating in peer review sessions, or engaging in discussions with colleagues about potential biases and how to address them.[11]

In addition to individual efforts, systemic changes can also help reduce the impact of implicit bias. For example, courts can implement standardised checklists and decision aids to guide judges in their deliberations, ensuring they consider all relevant factors and avoid relying on stereotypes or heuristics. Anonymising certain details in case files, such as the race or gender of defendants and witnesses, can also help prevent biases from influencing decisions.[12]

Ensuring fairness in judicial decisions is essential for maintaining the integrity of the legal system and public confidence in the judiciary. Implicit biases, if left unaddressed, can undermine this fairness by introducing unintended prejudices into judges’ decision-making processes. By educating judges about implicit bias and providing them with the tools and strategies needed to recognise and mitigate the impact, the Australian judiciary can help ensure that decisions are based on objective legal principles and evidence rather than subconscious prejudices.[13]

III Enhancing Public Trust in the Judicial System

Public trust in the judicial system is fundamental to the effective functioning of any legal system. It ensures that individuals respect and comply with legal decisions and believe in the fairness and integrity of the judiciary. In Australia, as in other jurisdictions, public trust is crucial for maintaining the rule of law and ensuring that the legal system operates smoothly and effectively. Ensuring that judges are educated about implicit bias is a key strategy for enhancing public trust in the judicial system.[14]

Public trust in the judiciary is built on the perception that the legal system is fair, impartial, and transparent. When the public believes the judiciary operates with integrity and without bias, it is more likely to respect and adhere to legal rulings. Conversely, when there is a perception of bias or unfairness, public confidence can erode, leading to diminished respect for the law and increased societal discord. Trust in the judiciary is not only about the individual cases that come before the courts but also about the confidence in the system’s ability to deliver justice consistently. This trust is essential for ensuring compliance with legal decisions and for upholding the rule of law.[15]

A Implicit Bias and Its Impact on Public Trust

Implicit bias refers to the unconscious attitudes and stereotypes that influence our perceptions and decisions without conscious awareness. In the judiciary, implicit biases can affect how judges interpret evidence, evaluate credibility, and make sentencing decisions. These biases can lead to decisions that appear unjust or discriminatory, even if the judge intends to be fair and impartial. When the public perceives that judicial decisions are influenced by implicit biases, it can lead to a loss of confidence in the fairness and integrity of the legal system. For instance, if there are perceptions that certain groups are consistently treated unfairly or that decisions are influenced by stereotypes, the public may question the legitimacy of the judiciary and the rule of law itself. This erosion of trust can have far-reaching consequences, including decreased compliance with legal decisions and a lack of respect for the legal system.[16]

In the case of R v Rondo[17], the accused, Rondo, was charged with drug offences after the police found heroin in his car. The critical issue in this case was whether the evidence (the heroin) was admissible, given that it was obtained through a search that the defence argued was unlawful. The defence claimed that the police had no reasonable grounds to stop and search Rondo’s car, making the search and the subsequent discovery of heroin illegal. Having determined that the search was unlawful, the court then considered the admissibility of the evidence under Section 138 of the Evidence Act 1995 (NSW).[18] This section allows for the exclusion of evidence obtained improperly or illegally unless the desirability of admitting the evidence outweighs the undesirability of how it was obtained. The court conducted a balancing test, weighing factors such as the seriousness of the offence, the importance of the evidence, and the nature of the impropriety. Based on section 138[19], Courts must balance the interests of justice, considering both the importance of the evidence to the prosecution and the impact of its exclusion on the rights of the accused. This balancing act helps maintain the integrity of the legal process ensuring that evidence is only admitted when its probative value outweighs the harm caused by the way it was obtained.

B Implementing Bias Training

Educating judges about implicit bias is crucial for maintaining and enhancing public trust. Training programs should focus on increasing awareness of implicit biases, understanding their impact on decision-making, and providing strategies to mitigate their effects. Recognising and addressing their biases, judges can make more equitable and fair decisions, which helps build public confidence in the judiciary. Training should be ongoing and incorporate the latest research and best practices. It should also include practical exercises and case studies that help judges identify and address biases in real-world scenarios. This continuous education ensures that judges remain vigilant in their efforts to uphold fairness and impartiality.[20]

C Promoting Transparency

Transparency is essential for fostering public trust. Courts should strive to be open about their processes and decisions, including providing clear and accessible explanations of judicial reasoning. This transparency helps the public understand how decisions are made and reassures them that judgments are based on evidence and legal principles rather than personal biases. Judicial decisions should be accompanied by well-reasoned written judgments that articulate the basis for the decision. This allows for public scrutiny and reinforces the idea that decisions are made based on objective criteria rather than subjective biases.[21]

D Encouraging Accountability

Accountability mechanisms are crucial for maintaining public trust. Courts should establish processes for reviewing judicial conduct and addressing any concerns about bias or unfairness. This can include mechanisms for filing complaints, internal reviews, and independent oversight. Encouraging judges to engage in self-reflection and peer review can also promote accountability. Judges should be encouraged to review their own decisions and consider whether implicit biases may have influenced their judgments. Peer discussions and feedback can provide valuable insights and support in addressing potential biases.[22]

E Engaging with the Community

Engaging with the community helps build trust and ensures that the judiciary is responsive to public concerns. Courts should actively seek feedback from the community and engage in dialogue about issues related to fairness and bias. This engagement can include public forums, consultations, and outreach programs providing opportunities for the public to voice their concerns and suggestions. Community engagement also involves promoting diversity within the judiciary. A diverse bench can provide a range of perspectives and experiences, which can help mitigate the impact of implicit biases and enhance the fairness of judicial decisions.[23]

IV Fostering an Inclusive Judicial Environment

An inclusive judicial environment is where diversity is acknowledged, valued, and integrated into the decision-making processes of the courts. This environment ensures that all individuals, regardless of their background, are treated with fairness and respect, and that their experiences and perspectives are considered in legal proceedings. Fostering an inclusive judicial environment is crucial for maintaining the integrity of the legal system, promoting justice, and enhancing public confidence in the judiciary. Educating judges about implicit bias plays a significant role in achieving this goal by addressing the unconscious prejudices that may otherwise undermine the inclusivity of the judicial process.[24]

        An inclusive judicial environment is essential for ensuring that the legal system reflects the diversity of the community it serves. Inclusivity in the judiciary helps to ensure that everyone has equal access to justice and the cases are considered with sensitivity to their unique circumstances. When the judiciary is inclusive, it demonstrates a commitment to fairness and equity, which is fundamental for upholding the rule of law and maintaining public trust in the legal system. Moreover, an inclusive judicial environment promotes a broader perspective in decision-making, leading to more equitable outcomes. Judges who are aware of and address their own biases are better equipped to consider the diverse experiences and needs of those appearing before them. Inclusivity not only benefits individuals involved in legal proceedings but also strengthens the credibility and effectiveness of the judiciary.[25]

A Implementing Comprehensive Bias Training

Implicit bias refers to the unconscious attitudes and stereotypes that influence our perceptions and decisions without our conscious awareness. In the judicial, implicit biases can affect how judges interpret evidence, evaluate the credibility of witnesses, and make sentencing decisions. These biases can lead to decisions that disproportionately impact certain groups, thereby to undermine the inclusivity of the judicial environment. For example, implicit biases related to race, gender, or socioeconomic status can influence how judges perceive defendants and witnesses. A judge might unconsciously hold stereotypes that affect their evaluation of testimony or the severity of sentencing. These biases can perpetuate systemic inequalities and create an environment where certain groups are treated less fairly than others.[26]

A relevant case of inclusivity and the impact of implicit bias is R v Cattell[27]. In R v Cattell[28], the appellant, Cattell, was initially sentenced for serious offences, including drug supply and possession of firearms. The prosecution appealed the sentence, arguing it was manifestly inadequate given the severity of the offences. The NSWCCA had to determine whether the original sentence sufficiently reflected the gravity of the crimes and whether an adjustment was necessary to meet the standards of justice.

The NSWCCA scrutinised the original sentence imposed on Cattell, considering the sentencing judge's rationale, the severity of the offences, and applicable legal principles. The review aimed to determine if the sentence was proportionate to the crimes and aligned with the goals of deterrence and rehabilitation. The court evaluated whether the sentence was manifestly inadequate by analysing the seriousness of Cattell’s offences, including the quantity of drugs and the possession of firearms, alongside Cattell’s criminal history and the need for deterrence. The NSWCCA concluded that the original sentence was manifestly inadequate and did not adequately reflect the seriousness of Cattell’s offences or the need for deterrence. The court allowed the appeal and imposed a revised, more severe sentence. R v Cattell[29] reinforces important legal principles in sentencing and appellate review, particularly the concept of manifest inadequacy and the role of appellate courts in ensuring fair and just sentencing. These precedents are essential for maintaining the integrity of the legal system.

Providing judges with training on implicit bias is crucial for fostering an inclusive judicial environment. Training programs should focus on increasing awareness of unconscious biases, understanding their impact on decision-making, and developing strategies to mitigate their effects. The training includes practical exercises and case studies that help judges recognise and address biases in real-world scenarios.[30]

B Promoting Diversity on the Bench

Diversity within the judiciary is an important component of fostering inclusivity. A diverse bench brings a range of perspectives and experiences that can enhance the fairness and sensitivity of judicial decision-making. Efforts to promote diversity in the judiciary can include targeted recruitment and selection processes, as well as initiatives to support the professional development of underrepresented groups. By increasing the representation of diverse backgrounds within the judiciary, the legal system can better address the needs and experiences of all individuals.[31]

Courts should implement practices that promote inclusivity and ensure that all individuals are treated with respect and fairness. This includes using inclusive language, providing appropriate accommodations for individuals with diverse needs, and ensuring that court processes are accessible to all. For example, courts can provide interpreters for individuals who do not speak English as their first language or implement procedures to accommodate individuals with disabilities. By creating an environment that is accessible and respectful, courts can enhance the inclusivity of the judicial process.[32]

Engaging with community perspectives helps to ensure that the judiciary is responsive to the diverse needs of the public. Courts should actively seek feedback from the community and engage in dialogue about issues related to fairness and inclusivity. Community engagement can include public consultations, outreach programs, and partnerships with organisations that represent diverse groups.[33]

Cultural competence involves understanding and appreciating the diverse cultural backgrounds of individuals and recognising how cultural differences can affect their interactions with the legal system. Judges should receive training on cultural competence to help them navigate cases involving diverse populations. This training can include information on different cultural practices, communication styles, and social norms. It should also guide how to accommodate the needs of individuals from diverse backgrounds, such as providing interpreters and ensuring that all participants understand the legal process.

V Improving Judicial Efficiency

Judicial efficiency is a cornerstone of a functioning legal system. In Australia, as in other democratic societies, the effectiveness and timeliness of the judicial process significantly influence public trust and the administration of justice. Efficient judiciary operations ensure that cases are resolved promptly, resources are used optimally, and the public maintains confidence in the legal system.[34]

Delays in the resolution of cases can prolong uncertainty for parties involved, potentially leading to prolonged stress and financial strain. Timely justice not only alleviates these concerns but also upholds the principle that legal disputes should be resolved within a reasonable timeframe. Efficient management of judicial resources is also vital. Courts often face high volumes of cases, and effective use of available resources—such as court staff, facilities, and judicial time ensures that the system can handle this load without compromising the quality of decisions. Efficient case management helps in balancing caseloads and optimising the use of judicial resources, preventing bottlenecks that can slow down the entire system. Judicial efficiency bolsters public confidence. When the public perceives that cases are resolved swiftly and fairly, it enhances their trust in the legal system. Efficient courts demonstrate a commitment to justice and accountability, reinforcing the public's belief that legal processes are effective and equitable.[35]

A Challenges to Judicial Efficiency

High volumes of cases can overwhelm the court system, leading to delays and extended waiting times for justice. This backlog can be exacerbated by complex cases that require more time and resources to resolve. Lengthy and intricate legal processes can contribute to delays and inefficiencies. The complexity of procedural rules and requirements often slows down case progression and increases the administrative burden on the court system.[36]

Resource limitations further complicate the issue. Many courts operate with limited staff and facilities, which can hinder their ability to manage cases efficiently. Inadequate resources can lead to delays in scheduling, processing, and adjudicating cases. Judges who are burdened with high caseloads may struggle to manage their time effectively, potentially leading to rushed or delayed decisions. This can impact the quality and timeliness of judicial outcomes, affecting the efficiency of the system.[37]

B Implementing Effective Case Management

Effective case management is pivotal for enhancing judicial efficiency. It involves the strategic organisation and oversight of cases to ensure their timely resolution. The main components of effective case management include early case assessment, structured scheduling, and ongoing judicial monitoring.  Early case assessment involves evaluating cases at the outset to determine their complexity and resource needs. Identifying the nature of each case early on, courts can allocate appropriate resources and set realistic timelines, preventing delays caused by unanticipated complexities.[38]

Structured case scheduling ensures that cases are heard and resolved within reasonable timeframes. This includes setting clear deadlines for various stages of the case and managing court calendars efficiently to avoid unnecessary delays. Judicial monitoring involves regularly reviewing the progress of cases to identify and address any issues or delays.[39]

C Streamlining Legal Procedures

Streamlining legal procedures can help reduce delays and make the judicial process more efficient. Simplifying procedural rules, reducing bureaucratic steps, and adopting standardised practices are key strategies for streamlining procedures. Simplified rules involve revising procedural requirements to make them less complex and more straightforward. This can include consolidating multiple steps into single, more manageable procedures, reducing the administrative burden on the court system. Standardised forms and templates can help streamline submissions and documents, ensuring consistency and reducing the time spent on administrative tasks. Expedited processes for certain types of cases, such as urgent or straightforward matters, can help address them more quickly. Implementing expedited procedures allows courts to prioritise cases that require immediate attention, reducing case delays. An example of streamlined procedures is the New South Wales Civil and Administrative Tribunal (‘NCAT’). NCAT has implemented measures such as simplified forms, online lodgement, and streamlined hearings to expedite the resolution of disputes and reduce administrative delays.[40]

D Leveraging Technology

Electronic filing systems allow for faster and more efficient submission of documents, reducing the need for physical paperwork and expediting case processing. This technology facilitates quicker access to case files and improves the efficiency of document handling. Case management software helps organise and track cases, manage schedules, and facilitate communication between parties. These tools provide judges and court staff with the ability to manage cases more effectively, improving workflow and reducing administrative burdens. Online hearings and conferences offer a way to conduct proceedings remotely, which can be particularly useful for parties who are in different regions. Virtual hearings reduce travel time and logistical challenges, enabling more efficient case resolution. A notable example is the Victorian Supreme Court, which has implemented electronic filing and virtual hearings. These innovations have enhanced case management and improved access to justice, particularly during the COVID-19 pandemic.[41]

E Enhancing Judicial Training and Support

Providing judges with ongoing training and support is essential for maintaining and improving judicial efficiency. Training should focus on case management skills, technological proficiency, and time management. Case management training helps judges develop effective strategies for handling cases, including prioritising tasks, managing deadlines, and addressing procedural issues. This training equips judges with the skills to manage their caseloads efficiently and effectively.[42]

VI Aligning with International Best Practices

In an increasingly globalised world, judicial systems across nations are continually evolving to meet high standards of fairness, timeliness, and effectiveness. For Australia, aligning its judicial practices with international best practices is essential for modernising the legal system, enhancing efficiency, and strengthening its global reputation. Aligning with international best practices in judicial efficiency is crucial for several reasons. Firstly, it promotes fairness and consistency in judicial proceedings. International best practices are designed to ensure that judicial processes are equitable and predictable, which helps in delivering just outcomes.[43]

Secondly, adhering to global standards helps in improving the timeliness of case resolution. Best practices often focus on reducing delays and managing cases effectively to ensure timely justice. For Australian courts, aligning with these practices means addressing case backlogs, streamlining procedures, and expediting the resolution of disputes, which is crucial for maintaining the efficiency and credibility of the judicial system. Aligning with international best practices enhances Australia’s global standing. Adopting globally recognised standards, Australia demonstrates its commitment to high-quality justice and aligns with international trends. This alignment not only boosts the reputation of the Australian legal system but also fosters international cooperation and mutual recognition of judicial decisions.[44]

A Adopting Best Practices in Case Management

Effective case management is a cornerstone of judicial efficiency. International best practices in case management focus on optimising the handling of cases to ensure timely resolution and reduce delays. By identifying the nature of each case upfront, courts can allocate resources appropriately and set realistic timelines. Early assessment helps in managing cases more efficiently and preventing delays caused by unforeseen things.[45]

Implementing structured scheduling systems for managing caseloads effectively. Structured scheduling involves setting deadlines for various stages of a case and coordinating court calendars to avoid conflicts. This approach ensures that cases progress in an orderly manner and reduces the risk of delays. Regular monitoring of case progress helps in identifying and addressing potential issues that may cause delays. Judicial monitoring involves reviewing case status periodically and intervening when necessary to keep cases moving efficiently. The SICC employs sophisticated case management techniques, including early case assessments and structured scheduling, to handle commercial disputes efficiently and ensure timely resolution.[46]

B Streamlining Procedural Rules

Streamlining procedural rules is another important strategy for aligning with international best practices. Revising procedural rules to make them more straightforward helps reduce the administrative burden on courts and speeds up case processing. Simplified rules eliminate unnecessary steps and complexities, making it easier for courts to manage cases effectively. Using standardised forms and templates for documents and submissions ensures consistency and speeds up processing. Standardised forms reduce the time spent on administrative tasks and minimise errors. Implementing expedited procedures for certain types of cases, such as urgent or straightforward matters, allows courts to address them more quickly. Expedited procedures help prioritise cases that require immediate attention. The United Kingdom's Civil Procedure Rules (CPR) provide an example of streamlined procedural rules. The CPR includes simplified and standardised procedures designed to reduce complexity and expedite case resolution, serving as a reference for improving procedural efficiency.[47]

C Enhancing Judicial Training and Development

Ongoing judicial training and development are vital for maintaining and improving judicial efficiency. International best practices in judicial training focus on equipping judges with the necessary skills and knowledge. Providing judges with training in effective case management techniques helps them handle cases more efficiently. This training includes strategies for prioritising tasks, managing deadlines, and addressing procedural issues. Ensuring that judges are proficient in using technology and case management systems. Technological proficiency training helps judges adapt to digital innovations and improve their efficiency. Training in time management and prioritisation helps judges balance their workloads and allocate time effectively. This training supports judges in managing their schedules and ensuring timely case resolution.[48]

D Promoting International Cooperation

International cooperation is essential for aligning with global best practices and facilitating cross-border legal interactions. Establishing agreements and protocols for mutual recognition of judicial decisions and cooperation in cross-border cases helps streamline international legal processes. Engaging with international legal organisations and participating in global forums allows for the exchange of best practices and experiences. Providing mutual assistance in legal matters, such as information sharing and collaborative case management, supports efficient resolution of cross-border disputes. Australia’s participation in the Hague Conference on Private International Law exemplifies its commitment to international cooperation. The Hague Conference facilitates cross-border legal cooperation and the mutual recognition of judicial decisions, aligning with international best practices.[49]

VII Conclusion

In conclusion, the pursuit of fairness in judicial decisions necessitates a multifaceted approach. Addressing implicit bias is crucial; judges must be educated about how unconscious prejudices can influence their judgments, impacting the impartiality of legal outcomes. This involves implementing training programs and systemic changes to raise awareness and mitigate the effects of these biases, ensuring that decisions are based on objective legal principles rather than personal prejudices.

Enhancing public trust in the judicial system is equally vital. Transparency in court processes and decisions helps the public understand and have confidence in how judgments are made. Accountability mechanisms, such as reviews and feedback channels, further reinforce this trust by addressing concerns about bias and unfairness. Engaging with the community and promoting a culture of openness also contribute to a more trustworthy and respected legal system.

Fostering an inclusive judicial environment requires acknowledging and integrating diversity within the judiciary. By promoting diversity and cultural competence, the legal system can better reflect and address the varied experiences and needs of the community it serves. This not only improves the fairness of decisions but also strengthens the credibility of the judiciary.

Improving judicial efficiency involves streamlining case management and leveraging technology. Effective case management practices, such as early case assessments and structured scheduling, help reduce delays and optimise resource use. Technological advancements, including electronic filing systems and virtual hearings, enhance the speed and efficiency of the judicial process.

Finally, aligning with international best practices ensures that the judicial system remains modern, fair, and effective. Adopting globally recognised standards and engaging in international legal cooperation can enhance judicial practices, foster international respect, and improve the quality of justice.

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[1] Stanford University, The Stanford Encyclopedia of Philosophy, (online at 21 July 2024), David Miller, Justice (revised 6 August 2021).

[2] Fatma E. Marouf, ‘Implicit Bias and Immigration Courts’ (2010) 45 New England Law Review. 417.

[3] Miller (n 1).

[4] Ivor Richardson, ‘Changing Needs for Judicial Decision-Making’ (1991) 1 Journal of Judicial Administration.

[5] Hassan Al Imran, ‘Procedural Fairness in Administrative Decisions and Rights of Non-Citizens in Australia’ (2022) 10 (3 & 4) Journal of Indian Research.

[6]  Daniel Ghezelbash, Keyvan Dorostkar, and Shannon Walsh, ‘A Data-Driven Approach to Evaluating and Improving Judicial Decision-Making: Statistical Analysis of the Judicial Review of Refugee Cases in Australia’ (2022) 45(3) The University of New South Wales Law Journal 1085.

[7]  Ibid.

[8]  R v Donnelly [2001] NSWCCA 394

[9]  Ibid.

[10] Ghezelbash, Dorostkar, and Walsh (n 6)

[11] Joe McIntyre, The Judicial Function, (Palgrave Macmillan, 2019) 278.

[12] Ibid.

[13]  Ibid.

[14] Chris Guthrie, Jeffrey J. Rachlinski and Andrew J. Wistrich, ‘Blinking on the Bench: How Judges Decide Cases’ (2007) 93 Cornell Law Review 1.

[15]  T.F. Bathurst, ‘Trust in the Judiciary’ (2021) 14 (4) The Judicial Review 263.

[16] Gabrielle Appleby and Suzanne Le Mire, ‘Judicial Conduct: Crafting a System That Enhances Institutional Integrity’ (2014) 38 (1) Melbourne University Law Review 1.

[17] R v Rondo [2001] NSWCCA 540.

[18] Evidence Act 1995 (NSW) s 138

[19] Ibid

[20]  Marcia Neave, ‘Building Trust: Can Courts Learn from Royal Commissions?’ in IJCA (Hein Online, 2021) 1.

[21] Amelia Simpson, ‘Public Confidence in Judicial Institutions: Are We a Player Short? A Review of The Australian Judiciary by Enid Campbell and HP Lee’ (Taylor & Francis, 2004).

[22] Ibid.

[23] Ibid.

[24] Aidan Ricciardo, ‘Fostering Inclusion and Wellbeing for Transgender and Gender Diverse People: A Practical Guide for Lawyers and Legal Workplaces’ (2023) 50 (5) Brief 28.

[25] Ly Ly Lim, ‘A Multicultural Act for Australia’ (2018) 10 (2) Cosmopolitan Civil Societies: An Interdisciplinary Journal 47.

[26] Ibid.

[27] R v Cattell [2019] NSWCCA 297.

[28] Ibid.

[29] Ibid.

[30] Stephen Colbran, ‘The Limits of Judicial Accountability; the Role of Judicial Performance Evaluation’ (2003) 6 (1) Legal ethics 55.

[31] Lim (n 20).

[32] Ibid.

[33] Ibid.

[34] Guthrie, Rachlinski, and Wistrich (n 12).

[35] Colbran (n 22).

[36] Ghezelbash, Dorostkar, and Walsh (n 6).

[37] Ibid.

[38] Anthony Kreis, John Szmer and Robert K Christensen, ‘Comparative Judicial Efficiency: Examining Case Disposition in Five Countries’ Courts of Last Resort’ in Comparative Law and Economics (Edward Elgar Publishing, 2016) 393.

[39] Ibid.

[40] Appleby and Le Mire (n 14).

[41] Eyal Zamir and Ilana Ritov, ‘Loss Aversion, Omission Bias, and the Burden of Proof in Civil Litigation’ (2012) 41(1) The Journal of Legal Studies 165.

[42]  Appleby and Le Mire (n 14).

[43] Brian J Caldwell, The Alignment Premium: Benchmarking Australia’s Student Achievement, Professional Autonomy and System Adaptivity (ACER Press, 2018).

[44]  Rochelle Steven et al, ‘Aligning Citizen Science with Best Practice: Threatened Species Conservation in Australia’ (2019) 1(10) Conservation Science and Practice e100; Sergio Puig and Anton Strezhnev, ‘Affiliation Bias in Arbitration: An Experimental Approach’ (2017) 46 (2) The Journal of Legal Studies 371.

[45]  Steven et al (n 36).

[46]  Ibid.

[47] Usha Iyer-Raniga et al, ‘Aligning Goals for Sustainable Outcomes: Case Study of a University Building in Australia’ in Engaging Stakeholders in Education for Sustainable Development at University Level (Springer Cham, 2016) 163.

[48]  Ben Wellings et al, ‘Narrative Alignment and Misalignment: NATO as a Global Actor as Seen from Australia and New Zealand’ (2018) 14 (1) Asian Security 24.

[49] Ibid.