Judges can use constitutional recognition of First Nations to change all laws in the name of justice in the "broader sense"- Tom Bathurst AC QC, NSW Law Reform Commissioner, former Chief Justice NSW

 by Ganesh Sahathevan 

Tom Bathurst AC QC , the current NSW Law Reform Commissioner, and recently retired Chief Justice NSW told lawyers gathered to mark his retirement:

“A just legal system is not one which is only just to most people,.“We won’t achieve a system that is just until First Nations communities and elders are not merely consulted but have an active role in the formation of the laws and processes which affect them, including, I think, constitutional recognition.....“while the court might fulfil justice in the narrow sense, the broader sense may be neglected”

Bathurst's comments were reported by Jill Rowbotham  of The Australian who also noted:

However, Mr Bathurst returned to the theme of justice for Indigenous Australians when he urged the adoption of a more holistic view of the legal system given the risk that “while the court might fulfil justice in the narrow sense, the broader sense may be neglected”. He stressed the importance of “solution-based courts such as the Drug Court” and the necessity of “focusing on particular problems such as over-incarceration of First Nations peoples. What might be described as therapeutic justice will become increasingly important”.



To be read with

BLM exposes Indigenous injustice: judge

Updated August 18 2020 - 5:36pm, first published 5:32pm

Chief Justice Tom Bathurst says Black Lives Matter and #MeToo will challenge the legal profession.


The Black Lives Matter movement has exposed the criminal justice system as "a tool of injustice for Indigenous Australians", NSW's most senior judge says.

Chief Justice Tom Bathurst said the movement "has brought the racism, inequality and abuses of power that have haunted our nation for so long to the forefront of public consciousness".

"This year marks 250 years since Captain Cook first landed in Australia," he said on Tuesday at a welcoming ceremony for lawyers freshly admitted to the profession.

"Despite this significant passage of time, the Black Lives Matter movement has exposed that our criminal justice system remains a tool of injustice for Indigenous Australians, who are one of the most incarcerated people in the world."

Chief Justice Bathurst said BLM and the #MeToo movement presented a challenge to the legal profession to make systemic reforms and ensure justice for all.

 He called for change to systemic barriers, inappropriate workplace behaviour and prejudices hindering women and people from diverse cultural and socio-economic backgrounds in the profession.

The chief justice delivered his speech by video on YouTube from the Supreme Court because of coronavirus restrictions.

He quipped that he didn't know what a Vlogger was until last week, "but I guess I am one now".

The "virtual ceremony" reflected the profession's agility in delivering justice outside courtrooms, with dining tables becoming the new bar and family dogs the new courtroom security, he said.

Australian Associated Press