Introduction
The Australian Legal System is comprised of a vast and complex rules and regulations that operates the legislative, executive and the judicial system. It is designed to safeguard the rights of the Australian citizens and it ensures that the citizens are treated equally in the eye of the law. However, in today’s date, there are several allegation along with justifications that vividly shows that there are flaws and loopholes in the legal systems that fails to safeguard the vulnerable Australians by its strict yet complicated and orthodox legal system[1]. The paper would strive to highlight the vulnerability of the people in the hands of the inefficient legal system.
The Australian legal system in theory
As discussed by Australian Law Commission, the Australian Legal System vouch for its impartial and independent court system and disseminate the message that the courts ensure that the citizens receive an unbiased and fair trial before the court[2]. Along with this, the judicial system ensures that the people have a right to appeal when they are unsatisfied by an order of the court. Equality before the law being one of the major principles of the Australian Legal System which signifies that the citizens would be safeguarded from any discrimination irrespective of their race, gender, ethnicity, economic status or even mental capacity and they would be treated equally under the legal system[3]. For example, there are legal provisions that entrusts people with the right to be silent and not answer when arrested by the police and ask for legal help. On a similar note, legal provisions safeguard people and give them the right to be observed as to when investigated or interrogated by the police. As mentioned by the Australian Human Rights Commission, the criminal justice system ensures that the accused are presumed to be innocent until they are proved to be guilty under the law and this includes the privilege of the grant of bail unless denied for a strong reason[4].
The Conscious Media highlighting the loopholes of the legal system
However, the conscious media of today’s world cannot be fooled by the letters of the law that fails the citizens of their basic right to institute a suit or a case even when the Constitution guarantees it[5]. As argued by the ABC news, the number of Australians suffering in the hands of inefficient legal system is growing by leaps and bound. People suffering from social and economic challenges faces more number of legal issues than usually pertaining to health benefits, consumer issues, dealing with the government administrations, et cetera. As per the recent statistical data 160,000 people have been turned down by the community legal service centres due to lack of legal help and capacity. In addition, it is stated that only 8 percent of the Australians are helped with legal aid service while Australia has over 13 percent of its population below the poverty line. Additionally, the Courts are so heavily burdened that minor trials are being pushed for a period of 2-3 years for hearings. This is resulting to the minor unresolved suits or cases growing into complex matters, increasing the burden of the court more and more each day. The sufferings of the Aboriginals are more highlighted than others for the number of arrested and imprisoned indigenous people.
Newspapers like The Conversation argued that the Australian Courts are extremely slow, formal, complicated and expensive. This affects the poor citizens who are incapable of getting hold of an attorney every time they are involved with a legal dispute. This information has been supported by the report of the productivity Commission that inquired into the matters of accessing justice over a period of time. The law and Justice Foundation of the NSW surveyed in 2008 and found out that 20,000 Australians have been facing legal issues in the year[6]. On the other hand, The Guardian has argued that the people with mental health issues are among the most vulnerable to suffer for the lack of accessibility of the legal system for they find it difficult and shocking to deal with the police and court system[7]. However, the Australian Government launched a ‘liaison and diversion’ service in order to identify and help the vulnerable adults and children to refer to the appropriate legal service for their legal issues, yet it did not succeed to achieve a success story by assisting the vulnerable. The service has lacked serious funding issue along with a lack of disseminating its awareness. The Prison Reform Trust (PRT) argued that the government, have tried to stop people from being captive in prison cells in the name of ‘pace of safety’, while the national Appropriate Adult Network (NAAN) counter-argued that such initiative of the PRT has failed for there has been thousands of vulnerable who has been held in a prison cell[8].
Conclusion
Therefore, to conclude the critical
analysis of the statement that the Australian legal system effectively and
efficiently provides justice to the Australians is not completely true to its
sense. Even though the legal system tries its best to comfort the society, yet
the ever-growing society with its issues are not always addressed with the
right remedy. The Legal system requires better and more efficient legal
provisions that would ensure simplicity and flexibility of law and the judicial
system in Australia.
Bibliography
“160,000 People Turned Away: How The Justice System Is Failing Vulnerable Australians”, ABC News (Webpage, 2019) https://www.abc.net.au/news/2017-08-03/how-the-justice-system-is-failling-vulnerable-australians/8770292
“Equal Before The Law? How The Criminal Justice System Is Failing People With Disability | Australian Human Rights Commission”, Humanrights.Gov.Au (Webpage, 2019) https://www.humanrights.gov.au/news/speeches/equal-law-how-criminal-justice-system-failing-people-disability
“‘Slow, Expensive, Complicated’ Legal System Must Be Improved”, The Conversation (Webpage, 2019) <https://theconversation.com/slow-expensive-complicated-legal-system-must-be-improved-25382>
Australia. Law Reform Commission. Equality before the law: Justice for women. The Commission (1994)
Findlay, Mark, Stephen Odgers, and Stanley Meng Heong Yeo. Australian criminal justice. South Melbourne, VIC: (Oxford University Press, 1999)
Joudo-Larsen, Jacqueline. “Restorative justice in the Australian criminal justice system.” (2014) AIC reports. Research and Public Policy series: v
O'Hara, Mary, “Why Is Our Justice System Failing Vulnerable People? | Mary O’Hara”, The Guardian (Webpage, 2019) <https://www.theguardian.com/society/2015/sep/09/prison-system-failing-vulnerable-people>
Williams, John M.
“The Australian Constitution.” A Documentary History (2005)
[1] “160,000 People Turned Away: How The Justice System Is Failing Vulnerable Australians”, ABC News (Webpage, 2019) <https://www.abc.net.au/news/2017-08-03/how-the-justice-system-is-failling-vulnerable-australians/8770292>.
[2] Australia. Law Reform Commission. Equality before the law: Justice for women. The Commission (1994).
[3] Williams, John M. “The Australian Constitution.” A Documentary History (2005)
[4] “Equal Before The Law? How The Criminal Justice System Is Failing People With Disability | Australian Human Rights Commission”, Humanrights.Gov.Au (Webpage, 2019) <https://www.humanrights.gov.au/news/speeches/equal-law-how-criminal-justice-system-failing-people-disability>.
[5] Ibid.
[6] “‘Slow, Expensive, Complicated’ Legal System Must Be Improved”, The Conversation (Webpage, 2019) <https://theconversation.com/slow-expensive-complicated-legal-system-must-be-improved-25382>.
[7] Mary O'Hara, “Why Is Our Justice System Failing Vulnerable People? | Mary O’Hara”, The Guardian (Webpage, 2019) <https://www.theguardian.com/society/2015/sep/09/prison-system-failing-vulnerable-people>.
[8] Ibid.
