What are the principles of justice and how are they applied in the Australian legal system?
the principles of justice (fairness, equality and access) and their application in the Australian legal system
A focused VCE Legal Studies Unit 3 answer on the principles of justice. Defines fairness, equality and access, gives examples of how each is applied in the Victorian criminal and civil justice systems, and identifies the main shortfalls.
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What this dot point is asking
VCAA wants you to define the three principles of justice and apply them to the Australian legal system. The principles are an assessable framework across Units 3 and 4 and appear in almost every Unit 3 exam question.
The answer
The three principles
- Fairness
- All people can participate in the justice system and its processes are impartial and open. The accused has access to a fair hearing; processes are conducted without bias; outcomes are based on the evidence.
- Equality
- All people engaging with the justice system should be treated in the same way, with no advantage or disadvantage. Where treating people in the same way creates substantive disadvantage, adjustments are required (for example, providing an interpreter under the Evidence Act 2008 (Vic) s 30, or providing remote witness facilities for vulnerable witnesses under the Criminal Procedure Act 2009 (Vic)).
- Access
- All people should be able to understand their legal rights and pursue their case. Access includes financial access (the ability to afford a lawyer), procedural access (the ability to use court processes), and informational access (the ability to understand the law).
How fairness is upheld
- the right to a fair hearing at common law and reinforced by the Charter of Human Rights and Responsibilities Act 2006 (Vic) s 24;
- the right to silence under the Evidence Act 2008 (Vic) and at common law;
- judicial independence (Constitution Act 1975 (Vic) Part III);
- the right to appeal (Criminal Procedure Act 2009 (Vic) Part 6).
How equality is upheld
- the prohibition on discrimination under the Charter of Human Rights and Responsibilities Act 2006 (Vic) s 8 and the Equal Opportunity Act 2010 (Vic);
- adjustments for vulnerable witnesses (Criminal Procedure Act 2009 (Vic) Part 8.2);
- interpreter provision (Evidence Act 2008 (Vic) s 30);
- specialist Koori Courts (a division of the Magistrates' Court of Victoria providing culturally sensitive sentencing for eligible Aboriginal and Torres Strait Islander offenders).
How access is upheld
- Victoria Legal Aid under the Legal Aid Act 1978 (Vic);
- duty lawyer services in Magistrates' Courts;
- Community Legal Centres (e.g. Fitzroy Legal Service, Springvale Monash Legal Service);
- court information offices and self-represented litigant coordinators;
- the Victims of Crime Assistance Scheme under the Victims of Crime Assistance Act 1996 (Vic) (now being replaced by the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) from 2024).
Main shortfalls
- Funding shortfall in Victoria Legal Aid. The Productivity Commission Access to Justice Arrangements report (2014) and subsequent VLA annual reports confirm chronic underfunding of legal aid, particularly for civil matters.
- Court delays. Criminal trial backlogs in the Magistrates', County and Supreme Courts of Victoria. The County Court Annual Report 2023 documented ongoing delays following pandemic disruption.
- Geographic access. Limited circuit court services in regional and remote Victoria.
Past exam questions, worked
Real questions from past VCAA papers on this dot point, with our answer explainer.
2024 VCAA5 marksDefine the three principles of justice and explain one way in which the Victorian criminal justice system upholds the principle of access.Show worked answer →
A 5-mark response needs definitions of all three principles and a worked example for access.
- Fairness
- All people can participate in the justice system and its processes are impartial and open.
- Equality
- All people engaging with the justice system should be treated in the same way, with no advantage or disadvantage, except where this would be substantively unfair (in which case adjustments are required).
- Access
- All people should be able to understand their legal rights and pursue their case.
- Example of access in the Victorian criminal justice system
- Victoria Legal Aid is established under the Legal Aid Act 1978 (Vic). It provides duty lawyers in Magistrates' Courts and grants legal assistance for serious indictable matters. This upholds access by reducing the financial barrier to legal representation.
Markers reward (1) all three definitions, (2) a specific institution or program with the enabling statute, (3) explicit link between the example and access.
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