Western Australian Country Magistrates Resolution on Therapeutic Jurisprudence 2004

On 9 November 2004 at their annual conference in Perth the Western Australian country magistrates unanimously passed the following resolution:

  1. The Western Australian country magistrates endorse and adopt the principles of therapeutic jurisprudence.
  2. In adopting therapeutic jurisprudence, the magistrates seek a more comprehensive resolution of legal problems coming before the court for the greater benefit of litigants and the communities served by the court. A more comprehensive resolution of legal problems may require addressing health, educational, relationship, financial, cultural or other underlying issues.
  3. In using therapeutic jurisprudence, the magistrates seek to use the authority and standing of the court to minimise any negative effect of court processes and, as far as possible, to promote the wellbeing of those affected by court processes be they victim of crime, defendant, other party to court proceedings, witness, counsel or court staff. This can be done consistent with traditional judicial principles such as independence, impartiality, fairness and integrity.
  4. The magistrates seek to apply therapeutic jurisprudence within the context of statute and the common law.
  5. A more comprehensive resolution of legal problems requires country magistrates to consult with local stakeholders and to meaningfully include professionals from other disciplines in the therapeutic jurisprudence related projects that they operate.
  6. The magistrates believe it is important to consult with each other in relation to therapeutic jurisprudence related projects so that best practice may be promoted throughout the state.
  7. Country magistrates, court stakeholders and relevant local agencies should be included in the design and implementation of therapeutic jurisprudence related projects in their courts.
  8. For these purposes, the country magistrates have formed a reference group to monitor the implementation of therapeutic jurisprudence related court projects in country magistrates' courts. The reference group comprises Magistrates Edwards, King, Sharratt and Wilson.

For your information, Western Australia occupies just under one third of the continent of Australia. The country magistrates exercise lower court jurisdiction in all of the state except the Perth metropolitan area and a couple of towns near Perth, which are covered by metropolitan magistrates. Country magistrates exercise criminal, family and civil jurisdiction and are also district coroners--in Australia, as in England, the officer of coroner is judicial. Some magistrates also exercise mining jurisdiction in the Warden's Court.

The work of these magistrates is discussed at: http://www.murdoch.edu.au/elaw/issues/v10n2/king102nf.html