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:
- The Western Australian country magistrates endorse and adopt the
principles of therapeutic jurisprudence.
- 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.
- 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.
- The magistrates seek to apply therapeutic jurisprudence within the
context of statute and the common law.
- 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.
- 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.
- Country magistrates, court stakeholders and relevant local
agencies should be included in the design and implementation of
therapeutic jurisprudence related projects in their courts.
- 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