Analyzing Systemic Barriers to Justice in Australia's Legal Framework

This essay examines the systemic barriers to justice within the Australian criminal justice system, particularly focusing on the challenges faced by disabled and indigenous people. It highlights issues such as communication barriers, access to support, difficulties in legal representation, and the financial burdens of legal processes. The essay also addresses the over-representation of indigenous Australians in the criminal justice system, the impact of cultural differences, and the lack of adequate services. Furthermore, it discusses the problems faced by individuals with disabilities, including inadequate support, architectural barriers, and systemic abuse. The essay concludes by emphasizing the need for comprehensive reforms, including improved communication, early intervention, enhanced service capacity, proper training, and increased accountability to ensure equitable access to justice for all, advocating for the implementation of treaties and policies that address corporate responsibility and promote disability justice strategies.

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The criminal justice system of Australia is certainly conventional in nature. This subject
became topic of debate in the capacity to attain justice. The branch of the court is faulty in
achieving the target to get justice as per the rule of law. The existence of jury in the criminal
cases and matters evolves their participations or lack of the treatment of females and
susceptible person in the criminal justice. The rule of law describes that all the people must
be treated equally like rich people or poor people, with or without fear citizen or migrant,
men or women. By extension, there are some restrictions on the state to follow the laws or
the principles of law. In this essay, the main barriers for disabled and indigenous people to
get the justice in the courts of Australia by evaluating the features of the criminal justice
system are discussed and examined.
The range of private issues and logical problems or challenges can influence the capacity of
person with the incapacity or disability to take participation completely in the court
procedures (Gorski, 2015). The main barriers or obstacles may include the barriers related to
the communication or interaction, problem to access the essential help or support, difficulties
in making the adjustments, difficulty related to participation in the system of justice, and cost
related to legal presentation. The problem connected with providing directions to legal
representative and ability to take participation in the lawsuit is significant barrier to be
considered (Tarman, Baytak and Duman, 2015).
The fee related to the legal process such as court filing cost, copy of case file charges and the
fees of transcription is main disadvantage to approaching the court by many person. The
communication barrier is also an important factor to be considered at the time of visiting the
barriers related to justice. There is complex procedure of court to file a case and get justice.
The legal response for the filed case by the court is very slow (Saloner, et. al, 2016). The
people cannot get the justice quickly by the court. The overburdened legal system is also a
problem of the court. There are not so much facilities and advance technologies in the court

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to deliver the justice quickly and in the effective manner. The legal fee is also not certain.
The lawyers, advisors or consultants charge the fee on their own wishes. Sometimes, a
common person cannot bear the expenses of the court and fees of the lawyers, consultants or
advisors. The other problem is over-reliance on the nonprofit sector to state the problems. In
the case of Eldridge v British Columbia [1997] 3 SCR 624, it was held by the court that the
right of access to justice is not divisible, mutually dependent and consistent with human
rights of persons with disabilities (Thompson, 2016).
The barriers related to justice for the children and youngsters are deficiency of expert legal
services, no awareness or less awareness of the rights, no awareness about legal powers,
dependence on adults to facilitate the access to services related to law, fear of not to be
believed, fear of not taking seriously by providers of the service. Further, there are many
lawyers, attorneys, or consultants who do not talk to children with interest (Piller, 2016). On
the other hand, the problem for elders in accessing justice is their physical incapacity. They
are not so able to go to the court on hearings, for other proceedings and consulting with the
lawyers. They are depended on their children, relatives or any other person. They do not have
self-confidence and faith in themselves to get the justice.
This is very difficult for the indigenous Australians to get justice in the court (Slater, et. al,
2014). Indigenous peoples have similar legal issues as non-indigenous people, and a number
of exclusive ones as well, they do not revolve to the system of the law to solve them. This is
so even where indigenous peoples live in community where court is voluntarily accessible.
For indigenous Australians, the main issue is that the criminal justice system in Australia is
an imposed and foreign system. In respect of society to admit the criminal justice system as
piece of its life and its community, it should see the system and practice it as being a
affirmative influence working for aboriginal people. In Australia, the indigenous peoples
have a complex relationship with criminal justice system. The indigenous Australians are

ESSAY 3
over-represented in supervision and also over-represented as sufferers of crime. The problem
arises between indigenous peoples and the police and there are additional difficulties which
arise when indigenous criminals present in the courts and are sentenced (Tshibambe, 2016).
The reasons include long-term disbelieve of the legal system, long procedure of the system
related to law and its services, lack of awareness related to the culture, sensitivity and
sympathy among the providers of legal service, deficiency of services for indigenous people
and fear in taking the legal services. There are very less indigenous people in organisations
that render services related to law. There are few services available for indigenous females
and child.
In the recent time, the condition concerning indigenous people and the justice system has
declined rather than developed. The reason is that aboriginal distance from criminal justice
system is not just an environmental incident, it is also a intellectual. This is due to the unclear
language of the court, even to a person for whom English is considered as primary language.
The theoretical problems are compounded by this matter that courts and advocates do not
have equivalent in indigenous community. The Peace has not been accommodated easily by
an adversarial and adjudicative system (Ratts, 2016).
Further, it is necessarily required to accommodate and acknowledge for the large numbers of
people with different disabilities who are confined as well. For decades, the issues about
criminal justice have made focus on race and poverty alone. However, the issues miss the
lens of what happens to individuals with disabilities whose family do not have the sources to
make sure that they have accurate disability signs, IEPs and accommodation. There are
several elements which contribute to the over-representation of people with learning
disabilities in the criminal justice system. The major difficulties are poor life conditions,
lower rates of education, less chances of employment, poverty, lower social background,

ESSAY 4
lower financial status, lack of help and social separation than the common population. The
people of colour and others from susceptible populations are mainly at risk due to
overlapping and compounding effects of bigotry, cabalism and other forms of discrimination.
The barriers for disabled people involve insufficient details, improper guidance, inadequate
sources, unapproachable architectural design, unreachable data and ineffective
communication procedures (Kohli and Pizarro, 2016).
When people with a disability are in the system, they face significant difficulties involving
access to advice, the lack of facilities, complex laws and regulations, systematic abuse and
private confinement. Many disabled people are abused behind bars. For an example, the blind
people or deaf people are kept in private as accommodation for the years. But it may cause
them to have problems related to mental health. Failure to sufficiently and properly deal with
these problems of disability increases the cycle of failure, recidivism and crime. The reform
of criminal justice will not accomplished unless and until disability is specified at all levels of
the criminal justice system from premature involvement to re-entry and reintegration (Mika
and Zehr, 2017).
The function of legal assistance means test rule was considered to be a main element in
denying access to legal help for the person of low incomes who cannot otherwise manage the
services of a private lawyer or attorney or the consultant. The people on low incomes were
seen as deprived in respect of the stage of legal assistance they can access, when conflict to
litigants with effectively various resources (Ballan, et. al, 2014)
The state is required to take the actions to solve the problem in all jurisdictions. The states are
careful about making one-sided or independent action so there are solid reasons to offer a
compulsory treaty as a foundation for early collective movement and union of norms (Hooks
and Smith, 2015). Treaty should be used to eliminate the barriers related to jurisdiction. The

ESSAY 5
proper framework should be created for the jurisdiction. The treaty may reduce the
probability of long term jurisdictional battle, making sure that cases will carry to trial of
substantive issues more rapidly. The treaty should be used to eliminate the legal barriers to
accountability of company and to put on companies a duty of care in mostly all conditions
applicable to the corporation cases of human rights. The holding corporations do not
complete the responsibilities of Subsidiaries Company in current company law regime. This
creates a thoughtful legal obstruction causing rejection of access to solution in corporate
cases of the human rights. The treaty may make a method or system for making a parent
corporation responsible for the conduct of subsidiary, allowing the sufferers to practise
compensation from the holding company if the local corporation was not able to fulfil the
duties or responsibilities. A duty of care may be restricted to the subsidiaries of company or
applied more usually during the supply chain (Amartya, 2017).
The criminal law in various nations is not sufficiently framed to handle with companies as
victims, however illustrations of modern strategies do exist. In this situation, the treaty may
help move all systems of law to the essential criminal law situation for victims of company.
The criminal confidence and sentencing of victims may render ethical agreement for the
serious business of the offenders related to the abuse of human rights and also public
identification that harm has been imposed. Furthermore penalty, if set at a proper scale, may
serve as the proper restriction (Howson, et. al, 2017).
It is required that in respect of stating these barriers, the Australian jurisdiction should
improve the strategy related to disability Justice and integrating the following essential set of
principles and activities-

ESSAY 6
A proper communication- communication is essential to personal sovereignty and decision-
making. According to disability justice strategy, an effective and proper communication
should be secured.
Early involvement and alteration- early involvement and alteration in the proper program
may both increase the presence of person with incapacities and encourage the interests of
justice.
Enhanced capacity related to service- enhanced service capacity and assistance must be
properly resourced.
The proper training- the proper training must specify the powers of people with incapacities
and avoidance of and proper answers to violence and exploitation, involving violence based
on gender.
Increased responsibility and observing- Person with disabilities involving disabled children
are accessed and actively involved as same members in the progress, application and
observing procedures, policies, programs and legislature to advance the access to impartiality
or fairness.
Good policies and structures -Particular measures to state the connection of incapacity and
gender must be accepted in legislature, procedure and programs to get proper knowledge and
answers by service providers (Allen, 2014).
As per the above analysis, it can be concluded that access to justice is very important element
of the rule of law. An individual will be able to access the court and permissible the
procedures or the law cannot implement the rights, powers and duties of the people. The
access to justice is recognised very significant problem or challenge in the Australia.
However, there are many barriers for the legal assistance and the legal process. There is
presently a great desire for proper responsibility and duty of the corporate businesses for their

ESSAY 7
difficult and unfavourable influences of human rights, and nowhere was this more noticeable
than in procedure leading up to the acceptation of the UNGPs and treaties. It is found from
the above discussion that the UNGPs and the treaty must be considered as corresponding
approaches for attaining the similar targets. In this way, it is significant to remind ourselves
that these obstacles continue to present despite of both incomplete efforts to eliminate
barriers and the better objective of consultants, regulators, advisors, advocates and other legal
members. It is required to consider the issues of indigenous and disabled people timely to
know new solutions of removal of barriers of justice.

ESSAY 8
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