Signing of the Annex to the MoU between the Family Court of Australia, the Federal Court of Australia and the Supreme Court of Indonesia
Speech of The Honourable Diana Bryant
Chief Justice of the Family Court of Australia
Thursday 30 July 2009
Thank you Honorable Chief Justice Harifin Tumpa for welcoming me and Chief Justice Black to your beautiful country. This is the second time as Chief Justice of the Family Court that I have had the honour of visiting Indonesia.
May I first congratulate you on your election to the position of Chief Justice of the Supreme Court of Indonesia. Australia has long enjoyed a warm and productive relationship with your court, its judges and staff. I am sure that with the experience, wisdom and vision you bring to the role of Chief Justice, the bond between our two countries will continue to grow.
The relationship between the Supreme Court of Indonesia, the Federal Court of Australia and the Family Court is unique. It is, so far as I know, the only direct international relationship between superior Courts in different countries in existence anywhere in the world; one that I believe is rightly held up as a model for cooperation between courts from countries with very different cultures.
During the five years that the three courts have worked together, we have fostered understanding of our respective legal systems, learned from and supported each other and shared our experiences for mutual benefit. Indeed, it seems to me that we have learned from you as much as you have learned from us. Our relationship is strong precisely because is a truly cooperative and reciprocal one.
In the process I have made many new and valuable friends and I have gained a far deeper understanding of the challenges we all share in ensuring our courts are open, accessible and transparent.
The achievements during our 15 year period of cooperation are almost too numerous to mention. We have worked together in areas as diverse as case management, court administration, information technology, client services and supporting vulnerable litigants.
There are, however, two that deserve particular mention.
The first is the ‘blueprints for judicial reform’, developed by the Supreme Court of Indonesia in 2003. That important and significant document made recommendations for judicial reform. One recommendation was the publishing of court verdicts and revitalizing the Court information system
I’d like to use ‘publishing court verdicts’ as an example of what two countries, with different histories, cultures and religions, can achieve when working together towards a desired end.
Access to justice issues generally and increasing judicial transparency in family law by the publication of anonymised judgments to the internet have been issues of particular interest to both our countries.
A willingness to observe and capitalise on best practice in this area was a hallmark of the Supreme Court and the Religious Courts of Indonesia’s interaction with us.
Both courts realized that judgment publication was critical to fostering public confidence in the judicial process. That understanding was embodied in the 2007 Decision on the Transparency of Court Information decreed by the former Chief Justice of Indonesia. As a result there are now more than 12,000 Supreme Court judgments accessible on the Court’s website. A significant achievement in judicial transparency over the last two years.
The Family Court has enjoyed working with the Supreme and Religious Courts of Indonesia, to share what we have learned and experienced in making our judgments more broadly available to the public. Balancing the parties’ right to privacy with open and accountable decision making has been a particular challenge.
That process culminated in the signing of a Memorandum of Understanding between the Supreme Court of Indonesia, the University of Technology Sydney, and the University of New South Wales in relation to the online publication of judgments. I had the honour of presiding over the signing of that document.
As a result of the Memorandum of Understanding, AsianLII, the free access website for Asian Law, was requested to publish the decisions of Indonesian courts coming under the jurisdiction of the Supreme Court on the AsianLII website.
The other achievement I wish to mention was the decision made by the Religious Courts of Indonesia in 2007 and the General Courts in 2009, with the support of the Supreme Court, to carry out a survey of court users in the area of family law. This had not previously been done in Indonesian courts.
The idea for the client survey was developed during the Religious Courts’ visit to the Family Court of Australia in November 2005 and the Family Court of Australia was a study partner to both the Religious and General Courts in undertaking the surveys.
The Access and Equity survey undertaken by the Religious Courts of Indonesia culminated in the report Justice to the Justice Seeker – A report on the Indonesian Religious Courts Access and Equity Study 2007.
As a result of the study, and what it revealed, the Supreme Court of Indonesia, through the State Budget Process, has supported a 20-fold increase in the Religious Courts’ budget for fee waiver for those who could not afford fees. The budget supplement has also enabled circuit courts to be held in remote areas, to assist those who could not afford to come to court.
Improving access to justice and ensuring courts remain responsive to the community’s needs is an ongoing process, for all of us.
Only this month I gave evidence to the Australian Parliament about access to justice initiatives and challenges in the family law arena.
I spoke of some of the difficulties we face in assisting people who are unable to afford legal representation.
I discussed the difficulties Indigenous Australians have faced, and continue to face, in negotiating the family law system. I directed the Parliament’s attention to a review we are undertaking of our existing programs for Indigenous clients and how to best meet their needs.
I referred to the importance of circuit court sittings, across Australia, in bringing ‘the court to the person’ rather than ‘the person to court’. I mentioned the importance of technology, and how telecommunications can reduce the ‘tyranny of distance’ for people living in rural and regional areas.
Above all, I reiterated that access to justice is critical to a functioning democratic system and the rule of law. Ensuring that courts operate fairly, efficiently and expeditiously for the benefit of all who need them is a vital component of the broader access to justice initiative. Indonesia has come a very long way towards making that a reality. We in the Family Court are inspired by your vision and commitment. There is much we can continue to learn from you.
We would not have the close and enduring friendships we now enjoy without the assistance and support of AusAID and the Australian Embassy in Jakarta. I take this opportunity to acknowledge their significant support.
The future of our relationship looks bright. For the first time funding has been made available for two Judges of the Supreme Court of Indonesia to attend an international family law conference in London early next month, which I will be attending also. Prof. Dr Abdul Gani Abdullah and Bapak Moh. Zaharuddin Utama will be presenting to us on Indonesia’s work in the area of Child Protection. It should be a stimulating and thought-provoking presentation
Chief Justice, I speak for all judges and staff of the Family Court of Australia in saying that we look forward to continuing our valued relationship long into the future with the Supreme Court of Indonesia and the Religious and General Court jurisdictions that work in the area of family law.
