Table of Contents
Our Vision for Multicultural Access and Equity Policy
Our Department or Agency
About this Multicultural Plan
Focus Areas
Action Plan
1. Leadership
2. Engagement
3. Performance
4. Capability
5. Responsiveness
6. Openness
Works Cited
Foreword
It is with great pleasure that we release the Multicultural Plan 2013-15 for the Family Court of Australia and Federal Circuit Court of Australia.
Australia has one of the most ethnically diverse populations in the world, with approximately 27 per cent of the population born overseas. Australia’s people are multilingual, multicultural and religiously diverse. This diversity is reflected in the litigants who come to the Family Court of Australia and the Federal Circuit Court of Australia. Of the approximately one third of Australian marriages that end in divorce, over forty per cent will involve couples where one or both partners are born overseas. For newly arrived families, settlement may bring many issues, potentially straining relationships and increasing the likelihood of family breakdown.
Our multicultural plan is a direct response to the challenges faced by clients from culturally and linguistically diverse communities in accessing and navigating the family law system. It builds on much of the work already done and reinforces the commitment of both courts’ to developing services that are responsive to people from diverse communities.
Through the work put forward in this plan, we have the opportunity to engage with new and emerging communities, to build partnerships and learn from each other. We know from our past collaboration with community organisations how much the courts can benefit from these partnerships and how open new and emerging communities are to learning more about Australian family law generally, as part of their desire to settle into Australian life.
The needs of litigants will inform how we deliver services, the information we provide and the languages we communicate in. Our staff will receive additional training so that they are aware of how different cultures and social norms of diverse communities may affect their understanding of, and response to, the Court’s resolution and decision making processes.
This plan is also a response to the findings and recommendations of the Family Law Council’s 2012 report Improving the family law system for clients from culturally and linguistically diverse backgrounds, which highlighted the importance of disseminating information about the law to culturally and linguistically diverse communities, building the cultural competency of staff and integrating services with other participants in the family law system.
In furtherance of the Australian Government’s Multicultural Access and Equity Policy, we commit the courts to providing services that are accessible to all Australians, responsive to their needs, and deliver equitable outcomes for them, regardless of their cultural and linguistic backgrounds. The Multicultural Plan 2013-15 makes that commitment manifest. We commend it to you.
Diana Bryant AO, Chief Justice, Family Court of Australia
John Pascoe AO CVO, Chief Judge, Federal Circuit Court of Australia
Our Vision for Multicultural Access and Equity Policy
The Family Court of Australia and the Federal Circuit Court of Australia strive for high quality, accessible and client-centric services for culturally and linguistically diverse (CALD) clients that support the resolution of their legal family disputes.
Our department or agency
The Family Court of Australia and the Federal Circuit Court of Australia have jurisdiction in family law matters in all states and territories except Western Australia, which has its own Family Court.
The courts are independent, but cooperate to provide streamlined access to the federal family law system. Clients benefit from:
- a simplified path through the family law system
- access to services for the resolution of family disputes
- a single point of filing regardless of which court handles the application
- a national enquiry centre and websites that provide information about both courts
- high quality services to litigants and the community, and
- easy transfer of cases between courts when ordered by a court.
The Family Court of Australia is a superior court of record and deals with more complex matters. The Federal Circuit Court of Australia deals with less complex matters that are likely to be decided quickly.
The courts’ administration provides resources and staff to the Family Court of Australia and the Federal Circuit Court of Australia1 to support the judiciary and to benefit the users of the respective jurisdictions. The administration respects that the jurisdictions are independent courts and each court determines its own direction.
The Family Law Council, in their 2012 report (Family Law Council, February 2012), highlighted significant challenges facing newly arrived families including strained relationships, increased likelihood of family breakdown and a heightened need for legal and family support services. The report also raised concerns about family violence within new and emerging communities, as changing gender roles within families after settlement in Australia threaten traditional power relations and family stability.
The courts have a significant role in ensuring services are accessible and culturally appropriate, and that information is provided to recently arrived and more established communities. To do this, the courts acknowledge the importance of engaging and working with organisations that support and represent migrant communities. Further, as a participant in the broader family law system, the courts must maintain and strengthen relationships with other agencies2 to ensure CALD clients can move between organisations with ease and without disadvantage.
About this multicultural plan
This multicultural plan was developed with advice and guidance from the courts' Multicultural Committee, a group with judicial and administrative representation from both the Family Court of Australia and the Federal Circuit Court of Australia.
In developing this plan, the courts have:
- developed actions which meet, as a minimum, the courts' obligations as set out in the Australian Government's Multicultural Access and Equity Policy (Department of Immigration and Citizenship, 2013);
- responded to the Family Law Council's 2012 report Improving The Family Law System for Clients from Culturally And Linguistically Diverse Backgrounds on how to meet the needs of CALD clients of both courts within existing resources including identifying how the courts can ensure proper information is provided to this client group, internally and externally.
- reviewed the Family Court's National Cultural Diversity Plan (Family Court of Australia, 2004), and
- aligned actions to the courts' Statement of Strategic Intent (Family Court of Australia and Federal Circuit Court of Australia, 2012)
Through this plan the courts continue their commitment to meeting the needs of Australia’s CALD population. The actions set out in this plan reflect the courts' ongoing commitment to tailoring services, products and communication to meet the needs of our diverse client community.
This plan will be championed at the highest level, by the Chief Justice of the Family Court of Australia, the Chief Judge of the Federal Circuit Court of Australia and the CEO of both courts. Its implementation will be monitored and assured by the Multicultural Committee who will also provide advice regarding any corrective actions that may be required. The Multicultural Committee will report annually on the plan's progress to the Family Law Courts Advisory Group.
A working group has been set up with responsibility for progressing and supporting many of the actions within the plan.
Focus areas
In addition to the minimum obligations set out in the Multicultural Access and Equity Policy, the courts have developed actions in response to the recommendations made by the Family Law Council in their 2012 report, Improving The Family Law System for Clients from Culturally And Linguistically Diverse Backgrounds in focus areas including:
- Community education/ legal literacy —recognises need for information about the law to be disseminated to culturally and linguistically diverse communities.
- Building cultural competence —includes capacity-building strategies within the service system, including cultural competency
- Enhancing service integration —includes maintaining and building collaboration within and between agencies to identify and address issues relating to cultural diversity, through publicising good practice, sharing information, coordinating programs and collaborating on projects
- Enhancing the use of interpreters —strategies to ensure the use adequate and competent interpreting services
Action plan
Actions that align to the minimum obligations of the Australian Government's Multicultural Access and Equity Policy are highlighted in the table. ‘Other actions’ are also set out in the following tables.
1. Leadership
Minimum obligations
Executive accountability: Appoint a Senior Executive Officer to be responsible for implementation of multicultural access and equity obligations.
Department or agency commitment: Department or agency leadership to ensure that staff understand and are committed to multicultural access and equity implementation.
Area |
Action |
Responsibility |
Timeline |
Target |
---|---|---|---|---|
1.1 Executive accountability |
1.1.1 Appoint a Senior Executive Officer to be responsible for the implementation of Multicultural Access and Equity Policy obligations |
CEO |
August 2014 |
|
1.2 Department or agency commitment |
1.2.1 This plan will be championed at the highest level, by the Chief Justice of the Family Court of Australia, the Chief Judge of the Federal Circuit Court of Australia and the CEO of both courts. Specific actions may include:
|
Chief Justice, Family Court of Australia
|
Commence January 2014 |
|
1.3 Internal Governance |
1.3.1 Establish a Multicultural Advisory Committee to sponsor, advise on and monitor the implementation of this plan. They will also provide advice regarding corrective actions that may be required |
Chief Justice, Family Court of Australia
|
Completed |
|
|
1.3.2 Establish a flexible working group comprising staff, external experts and representatives from multicultural groups, to come together on an as needs basis to progress actions in this plan |
Executive Advisor |
January 2013 |
|
|
1.3.3 Re-establish terms of reference for the Chief Justice's Community Consultation Forum to engage, communicate and consult with multicultural representative bodies on behalf of the courts |
Executive Advisor |
From November 2013 |
|
1.4 Resourcing CALD initiatives |
1.4.1 Appoint a consultant to (a) provide advice regarding new opportunities for funding and/or partnerships to progress the courts' multicultural plan and (b) review current practices and make recommendations |
Executive Advisor |
August 2013 |
|
|
1.4.2 Identify new opportunities for funding and/or partnerships to progress the courts' multicultural plan |
Consultant |
November 2013 |
|
|
1.4.3 Pursue new opportunities for funding and/or partnerships to progress the courts' multicultural plan |
Manager, Human Resources |
Ongoing |
|
1.5 Incorporate into service charter |
1.5.1 Review client service charter and update to include what CALD clients can expect from us |
Working Group |
June 2014 |
|
2. Engagement
Minimum obligations
Stakeholder engagement: Department or agency to have an engagement strategy to understand culturally and linguistically diverse communities’ interactions with department or agency.
Language and communication: Department or agency to have a language and communication plan for culturally and linguistically diverse communities, including on the use of languages other than English and incorporating the use of interpreters and translators.
Area |
Action |
Responsibility |
Timeline |
Target |
---|---|---|---|---|
2.1 Stakeholder engagement |
2.1.1 Develop an engagement strategy which sets out strategies to better understand how CALD communities perceive and interact with the courts. |
Consultant |
December 2013 |
|
|
2.1.2 As advised by the Chief Justice's Community Consultation Forum, provide court tours and presentations to community leaders by judicial officers and/or registry managers to improve familiarity with court processes among refugee communities (Family Law Council (FLC) Report page 7) |
Executive Director Registry Services/Regional Registry Managers (RRMs)/Registry Managers (RMs) with support from working group |
December 2014 |
|
|
2.1.3 Action items, escalate issues and brief members of the Chief Justice's Community Consultation Forum as required |
Executive Director Client Services /Regional Registry Managers (RRMs)/ Registry Managers (RMs) |
Commences December 2013 |
|
|
2.1.4 Maintain relationships and collaborate with family law system participants with a view to identifying and addressing issues relating to cultural diversity—publicise good practice, share information, coordinate programs and collaborate on projects |
All senior executive |
Commences August 2013 |
|
2.2 Language and communications |
2.2.1 With input from peak settlement support organisations, review existing published and public resources that provide information about family law in community languages. |
Consultant |
Sept 2014 |
|
|
2.2.2 Based on the review, develop a language and communication plan for the courts' CALD communities with actions to include those set out in 2.2.3–2.2.7 |
Manager, Communications with working group |
January 2014 |
|
|
2.2.3 Further promote the courts’ language skills register for bilingual staff including protocol for bilingual staff |
Manager, HR |
June 2014 |
|
|
2.2.4 As per the plan, revise the courts’ websites to ensure they meet the needs of CALD communities
|
Manager, Communications |
June 2014 |
|
|
2.2.5 As per the plan, revise or create new general and topic-specific information documents. This includes registry handout kits for use when consulting with communities and information about annulments for forced marriag (links to FLCReport recommendation 1.2) |
Manager, Communications with working group |
June 2014 |
|
|
2.2.6 Liaise with migrant support organisations and provide information for dissemination about: the courts roles; services; how to access them; what the client should expect, and any community specific information (links to FLCReport recommendation 1.3) |
Chief Justice's Community Consultation Forum |
From November 2014 |
|
|
2.2.7 Review and update if necessary, priority language list |
Manager, Communications |
November 2013 |
|
3. Performance
Minimum obligations
Performance indicators and reporting: Agency to develop a set of Key Performance Indicators (KPIs) relating to engagement with, or outcomes of services, to culturally and linguistically diverse clients.
Feedback: Agency to have arrangements to ensure affected CALD communities are able to provide feedback on agency multicultural access and equity performance.
Area |
Action |
Responsibility |
Timeline |
Target |
---|---|---|---|---|
3.1 Performance indicators and reporting |
3.1.1 Develop a set of measurable targets, that provide evidence that the courts are providing services that are sensitive to cultural and linguistic barriers (to be reported against in annual report) |
Director, Court Services, Strategy and Policy with approval by Executive Director Registry Services |
June 2014 |
|
3.2 Feedback |
3.2.1 Review, and improve if necessary, current feedback mechanisms, including complaints processes, to ensure affected CALD communities are able to provide feedback on agency multicultural access and equity performance including the Commonwealth Courts Portal. |
Client Feedback Coordinator |
December 2014 |
|
|
3.2.2 Identify multicultural representative bodies for inclusion in community forums |
Consultant |
August 2013 |
|
|
3.2.3 Utilise existing forums, such as the Chief Justice's Community Consultation Forum to (a) understand their needs and (b) help review documents etc. for suitability |
Consultant with working group |
As needed from September 2013 |
|
3.3 Rewards and recognition |
3.3.1 Recognise strong CALD service performance on Harmony Day |
Manager, Human Resources |
21 March 2014 Ongoing |
|
4. Capability
Minimum obligations
Cultural competency: Department or agency to have training and development measures to equip staff with cultural competency skills.
Research and data: Department or agency to collect ethnicity data on the culturally and linguistically diverse groups with which the department or agency engages and to which it delivers services directly or indirectly.
Area |
Action |
Responsibility |
Timeline |
Target |
---|---|---|---|---|
4.1 Cultural competency |
4.1.1 Review existing professional development training and development strategy and associated products, including e-learning and make recommendations |
Consultant |
November 2013 |
|
|
4.1.2 Build cultural competency into professional development framework based on recommendations from consultant (links to FLC Report recommendation 2.2.3) |
Manager, HR |
June 2014 |
|
4.2 Research and data
|
4.2.1 Review current collection methods for CALD data and if necessary implement appropriate systems for collection of data and analysis |
Forms committee with Statistics Unit |
Commence January 2014 |
|
|
4.2.2 Provide regular reports to the courts' judicial officers and managers on trends in the data analysis, to assist with service delivery planning |
Executive Advisor |
Commence July 2014 |
|
5. Responsiveness
Minimum obligations
Standards: Any whole-of-government standards and guidelines developed by the department or agency must address multicultural access and equity considerations.
Policy, program and service delivery: Provision to ensure that policies, programs, community interactions and service delivery (whether in-house or outsourced) are effective for culturally and linguistically diverse communities.
Outsourced services: Where relevant, provision for incorporation of multicultural access and equity requirements into contracts, grant agreements and related guidance material of which the department or agency has carriage.
Area |
Action |
Responsibility |
Timeline |
Target |
---|---|---|---|---|
5.1 Standards |
5.1.1 As part of the review of the courts' CALD client service delivery, adopt and integrate DIAC's Multicultural Language Services Guidelines for Government Agencies |
All undertaking work in this plan |
From January 2014 |
|
|
5.1.2 As part of the review of the courts' CALD client service delivery, adopt and integrate the standards in the Framework for Court Excellence |
All undertaking work in this plan |
From January 2014 |
|
5.2 Policy, program and service delivery |
5.2.1 Review and make recommendations regarding core operational protocols, including those of the National Enquiry Centre, to ensure good practice for CALD clients (links to FLC recommendation 2.2.4) |
Consultant |
November 2014 |
|
|
5.2.2 Update protocols based on the review’s recommendations |
Working group |
January 2014 |
|
|
5.2.3 Ensure the NEC is making links to migrant service providers (links to FLC recommendation 3.1) |
Manager, National Enquiry Centre |
June 2014 |
|
|
5.2.4 Ensure all counter service staff are aware of migrant support services and are able to link CALD clients to them (links to FLC recommendation 3.1) |
RRMs/ RMs |
June 2014 |
|
5.3 Outsourced services |
5.3.1 For interpreters – review and make recommendations regarding contractual arrangements to ensure they meet or are updated to include minimum appropriate requirements |
Consultant |
November 2013 |
|
|
5.3.2 For interpreters – update contractual arrangements based on the review’s recommendations if required |
Manager, Contracts |
January 2014 |
|
|
5.3.3 Review and update websites to provide information to CALD clients about interpreting and translation services (refer to Federal Court of Australia site for example) |
Manager, Communications |
January 2014 |
|
6. Openness
Minimum obligations
Publishing: Department or agency to publish AMPs on department or agency websites and performance reports against KPIs for culturally and linguistically diverse clients in department or agency annual reports.
Data: Department or agency to make culturally and linguistically diverse data available to other departments or agencies and the public.
Area |
Action |
Responsibility |
Timeline |
Target: |
---|---|---|---|---|
6.1 Publishing |
6.1.1 Make this plan available on the courts websites |
Manager, Communications |
August 2013 |
|
|
6.1.2 Report against KPIs in annual report |
Executive Director Registry Services |
July 2014
|
|
6.2 Data |
6.2.1 Share relevant CALD data with the public other departments or agencies—particularly participants in the family law system |
Executive Advisor |
From July 2014 |
|
Works cited
Department of Immigration and Citizenship. (2013). Australian Government's Multicultural Access and Equity Policy. Canberra: Commonwealth of Australia.
Department of Immigration and Citizenship. (2013). Multicultural Language Services Guidelines for Government Agencies. Canberra: Commonwealth of Australia.
Family Court of Australia and Federal Circuit Court of Australia. (2012). Statement of Strategic Intent. Canberra: Commonwealth Government of Australia.
Family Court of Australia. (2004). National Cultural Diversity Plan 2004-2006. Canberra: Family Court of Australia.
Family Law Council. (February 2012). Improving the Family Law System for Clients from Culturally and Linguistically Diverse Backgrounds. Canberra: Commonwealth of Australia.
Footnotes:
1 In addition to family law, the Federal Circuit Court of Australia also handles general federal law. Administrative support for the Federal Circuit Court of Australia's general federal law work is provided by the Federal Court of Australia and is out of the scope of this Plan.
2 Such as family relationship services providers (including Family Relationship Centres), Legal Aid Commissions, Community Legal Centres, or the Department of Human Services (Child Support) and the private legal profession.