Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

SIR ZELMAN COWEN CENTRECOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

Leadership. Excellence. Justice.

THE SIR ZELMAN COWEN CENTRE COURTS AND TRIBUNALS ACADEMY, LOCATED IN THE HEART OF MELBOURNE’S LEGAL PRECINCT, WILL WORK WITH COURTS AND TRIBUNALS TO BUILD THE CAPACITY OF COURT AND TRIBUNAL PERSONNEL THROUGH TRAINING AND EDUCATIONAL PROGRAMS, RESEARCH AND THOUGHT-LEADERSHIP OPPORTUNITIES.

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Named in honour of the late Sir Zelman Cowen AK GCMG GCVO QC, the Sir Zelman Cowen Centre is the postgraduate centre of Victoria University’s College of Law & Justice and provides law and law-related training and education to the legal profession in Australia and internationally, as well as for other professionals seeking a better understanding of law, governance and regulation.

Sir Zelman Cowen was one of Australia’s most distinguished jurists. Born in Victoria in 1919, he went on to study law at the University of Oxford and in time was regarded as one of the world’s leading constitutional lawyers. He was knighted and then appointed Governor-General of Australia.

After his retirement as Governor-General, he accepted the positions of Distinguished Visiting Professor and Chair of the Victoria University Foundation. As Chair of the Foundation, he led the University’s efforts in gaining philanthropic support for students in their studies, including contributions for prizes and scholarships. On retiring as Chair of the Foundation, he was appointed its Inaugural Patron and remained a staunch friend of the University until his sad passing in 2011.

The Centre has adopted Sir Zelman Cowen’s vision of delivering programs that enhance community understanding of the law and deepen the legal profession’s understanding of community issues.

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The Sir Zelman Cowen Centre has a long tradition of providing training and research of direct relevance to the work of courts and tribunals, culminating in the establishment of a Courts and Tribunals Academy in the heart of Melbourne’s legal precinct.

The Academy will conduct specialist research, serve as consultants and provide tailored educational services, training and technical support to courts and tribunals. All at a time when courts and tribunals are reshaping their leadership, management practice and governance in response to heightened public expectations for justice services and demands for public sector transparency and accountability.

We have consulted extensively with courts, tribunals and other related organisations

to develop a practical, bespoke approach that will satisfy the immediate needs of court and tribunal staff across state and national jurisdictions. Our expert Course Advisory Committee will ensure that our work is relevant, practical and serves the needs of the sector.

Through our international collaborations, the Academy will also be a thought-leader that will establish world’s best-practice in court and tribunal management. Memoranda of understanding with the National Center for State Courts in the USA and the Research Institute on Judicial Systems in Italy are just the beginning of our global reach. Negotiations are underway for international linkages with other institutions across North America and Europe, bringing global knowledge to our students and the wider justice sector. We look forward to welcoming regular international traffic of scholars and practitioners working in this field.

The research, teaching and thought-leadership opportunities of a university-based Courts and Tribunals Academy will augment the work of courts, tribunals and agencies in enhancing the capacity of court and tribunal personnel and the court system as a whole.

The Hon. Nicola Roxon Chair, Sir Zelman Cowen Centre Advisory Board Former Commonwealth Attorney-General

Message from the Chair

Courts and tribunals are key democratic institutions responsible for promoting justice and protecting the rule of law. They face unique challenges in balancing expectations of transparency and accountability with the need to maintain the separation of powers and the independence of the judiciary. Across Australia, courts and tribunals are now facing increasing public scrutiny and expectations for responsiveness and quality.

Courts and tribunals are increasingly responsible for their own budgets and accountable for the delivery of justice services for the public. High-order strategic management and analytical skills are now required to satisfy heightened community and government expectations for an accessible, fair and efficient justice system.

The Courts and Tribunals Academy will work with courts and tribunals across national and international jurisdictions to build the capacity of court personnel and develop training and educational programs to enhance their knowledge, skills and abilities to provide judicial services.

A key aim of the Academy is to grow a cadre of researchers and skilled leaders within courts and tribunals who understand management and governance and have the skills to apply the International Frameworks for Court Excellence and Tribunal Excellence in the Australian context. The Academy will deliver this both as part of a formal qualification – the Graduate Diploma in Court and Tribunal Management - and as bespoke professional development courses that recognise the unique nature of courts and tribunals.

The Graduate Diploma will provide graduates with direct pathways into highly regarded graduate programs, such as the LLB, MBA, Master of Project Management, Master of Laws and other higher degrees by research. Every unit in the full credential can also be taken as a non-award professional development course.

By equipping court and tribunal personnel with the knowledge, skills and abilities they will acquire through the Graduate Diploma in Court and Tribunal Management, they will be able to engage in reflective practice and apply international standards of best practice to their daily work.

Professor Kathy Laster Director, Sir Zelman Cowen Centre

Message from the Director

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High-performing justice systems require executives devoted to organisational leadership and management with the skills to tackle organisational problems that are sociopolitical, cultural and human. Court executives and managers who are well-educated and held in high esteem for their expertise are best positioned to lead courts and tribunals in critical areas such as budgeting, rulemaking, strategic planning, automated case management, information and communication technology, and performance measurement and management.

Launched by His Excellency General the Honourable Sir Peter Cosgrove AK MC (Retd) and the Honourable Chief Justice Marilyn Warren AC in October 2015, the Sir Zelman Cowen Centre Courts and Tribunals Academy is a unique institution in Australia, offering thought leadership, credentialing and professional development opportunities for court and tribunal leaders and personnel as well as applied research and international outreach in the Asia-Pacific region.

The Courts and Tribunals Academy is predicated on the idea that the institutions of justice can improve only when court leaders and professional managers are supported and have access to continuous training, education, and professional development.

An Academy for Courts and Tribunals

Professionalising court and tribunal administration through a Graduate Diploma in Court and Tribunal Management.

Tailored, practical professional development courses for court and tribunal staff.

Consultancy services for courts, tribunals, public service, legal and allied professions focusing on performance and evaluation.

Applied research into court and tribunal governance and management, nationally and internationally.

Thought-leadership featuring national and international experts.

OUR WORK

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Effective judicial administration is necessary for courts, tribunals and other justice system institutions to be recognised as public-service organisations that work to meet citizens’ needs in accordance with rule-of-law principles that apply to all countries, regardless of their different social, cultural, economic, and political systems.

The Courts and Tribunals Academy will meet the needs of jurisdictions at the state and federal level and in our Asia-pacific region. Our expertise will be enhanced by collaborations with our partner international organisations and thought leaders including the National Center for State Courts in the USA among other partners.

In Victoria, the establishment of the Courts and Tribunals Academy comes at a significant time following the passage of the Court Services Victoria Act in July 2014 and the move to self-management for Victoria’s courts and tribunals. The historic legislation signals a major transformation in the justice system in Victoria.

While proudly Victorian in its genesis, the Academy is a truly national body that will expand its reach into the Asia-pacific region. In critical aspects, such as leadership and management of judicial institutions and resources, education is not unique to any one state’s justice system. Issues of self-governance, institutional independence, transparency, accountability, organisational legitimacy, public trust and confidence, and effective judicial administration are more alike than different as one crosses state and national borders.

National and International Focus

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The Courts and Tribunals Academy will remain relevant through direct engagement of rolling secondees from courts and tribunals as project leaders and teachers. Current secondees include the Director of Policy and Strategy at the County Court of Victoria and the Human Resources Projects Adviser at Court Services Victoria.

Oversight of the Academy will be provided by a profession based Course Advisory Committee.

The Academy will be able to draw on the University’s extensive adjunct appointments from across the justice sector, including the Honourable Michael Kirby, the Honourable Justice Maxwell President of the Court of Appeal, the Honourable Michael Rozenes, His Honour Judge Misso, His Honour Chief Magistrate Lauritsen and His Honour Magistrate Kumar.

Conveniently situated in the heart of Melbourne’s legal precinct at the City Queen Campus, the Academy is well positioned to engage with neighbouring courts, tribunals and justice agencies.

Relevance to the Profession

Queen Street

Yarra River

King Street

Spencer Street

William Street

Elizabeth Street

Swanston Street

Bourke Street

Finders Street

Collins Street

Lonsdale Street

La Trobe StreetTHE SIR ZELMAN COWEN CENTRE

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Teaching Expertise

Emeritus Professor Arie FreibergChair, Vic Sentencing Advisory Council Victoria, Australia

Arie Freiberg is an Emeritus Professor at Monash University and Chair of the Victorian Sentencing Advisory Council and the Tasmanian Sentencing Advisory Council. In 2009 he was made a Member of the Order of Australia for his service to law, particularly in the fields of criminology and reform related to sentencing, legal education and academic leadership.

His particular areas of expertise are sentencing, non-adversarial justice and regulation. He has served as a consultant to the Federal, Victorian, South Australian and Western Australian governments on sentencing matters as well as the Australian and South African Law Reform Commissions.

Professor Kathy LasterDirector, Sir Zelman Cowen Centre Victoria, Australia

Kathy Laster is Director of the Sir Zelman Cowen Centre at Victoria University. She has taught and written widely on the history of crime and punishment, criminal law and procedure, gender and crime and multiculturalism and the law.

As well as her academic career, she has worked in public policy and also held leadership roles in not-for-profit organisations including as Executive Director of the Victoria Law Foundation and CEO of the Institute of Public Administration.

Ms Jennifer Ehmann Principal, Justice System Services Queensland, Australia

Jennifer Ehmann is a senior international management and court administration specialist with significant experience in judicial reform in post conflict settings. She has 35 years experience in justice, principally in courts, including 20 years working internationally across organisations such as the World Bank, USAID, NZAid, European Public Law Centre, Federal Court of Australia and Office of the High Representative.

She is currently lead Judicial Administration Adviser to 14 Pacific Island countries for the Pacific Judicial Development Program and is Director of Justice Systems Services International Pty Ltd.

Subjects will be team taught by senior court administrators and academics across Australia and internationally. Australian teaching staff will include:

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Mr Tin BunjevacAcademic, Victoria University Victoria, Australia

Tin Bunjavec has more than ten years practical experience in a variety of legal, academic and court-related roles. He is a member of the International Association for Court Administration (IACA) and, prior to joining Victoria University, he was a policy advisor at the courts division of the Department of Justice and Regulation.

He has considerable experience in managing and implementing court-related projects, including the introduction of the mental health court in the Magistrates’ Court of Victoria (the ARC List), for which he received a 2010 Justice Award. His key area of professional interest and academic expertise is court governance and he has published comparative studies that critically analyse the models of court administration in seven Australian and international jurisdictions.

Dr Ingo Keilitz President, Court Metrics United States of America

Ingo Keilitz is a former Justice Reform Specialist at the World Bank and a former Vice President of the National Center for State Courts. He is the head of CourtMetrics, a management consulting firm in Williamsburg, Virginia, specialising in performance measurement and management in the justice sector.

As a researcher, writer, and consultant to public, nonprofit and private-sector organisations throughout the world, he has helped shape the landscape of justice system governance and administration. He is a major contributor to the development of court performance standards and measures, including the Global Measures of Court Performance and the CourTools, and is co-inventor of CourtMetrix, a computer-based court performance dashboard.

Professor Edna Erez Academic, University of Illinois United States of America

Edna Erez is Professor of Criminology, Law and Justice at the University of Illinois, Chicago. Her research areas include violence against women, victims in the criminal justice system, and victimisation in transnational crime and terrorism.

She has received over $2 million in state and federal grants in the USA and overseas to study topics related to victims and criminal justice responses.

Her publication record includes over 100 scholarly articles, book chapters, and research reports, and she serves on the editorial board of several journals in victimology, criminology and legal studies.

INTERNATIONAL GUEST LECTURERS Each year, the Courts and Tribunals Academy will bring international thought leaders to Australia to teach in our “current issues” subjects. For 2016, our confirmed international lecturers will be:

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The Graduate Diploma provides students with the expert skills to manage and lead the staff of key democratic institutions. As a mark of professional standing, this qualification will enhance graduates’ career prospects, productivity and performance.

Future pathways

Subjects are offered from the College of Law & Justice as well as the Colleges of Business and Engineering & Science to provide students with professional expertise across law, business and management.

Students can articulate from the Graduate Diploma into the LLB, MBA, Master of Project Management or Master of Laws (by Research).

Single units can be taken as non-award professional development.

Flexible delivery modes

The mode of delivery will largely be face-to-face at the Sir Zelman Cowen Centre, located in the heart of the CBD legal precinct.

Most subjects are offered in an intensive or burst mode, making it practicable to study part-time. Some units will be offered in blended mode – a combination of online and face-to-face – for the convenience of regional, interstate or international staff.

Work-integrated learning

Our units are specifically designed for work-based learning and include placements cross-jurisdictionally, interstate and internationally, research projects tailored to the workplace and opportunities to attend conferences and learn from distinguished scholars and practitioners in the field.

Graduate Diploma in Court and Tribunal Management

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PATHWAYS

HDR PhD

Professional doctorate

Master of Business Administration

(MBA)

Master of Project Management

(MPM)Master of Laws

(LLM)

Graduate Diploma in Court ManagementSingle Unit Study Bachelor of Laws

(LLB)

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Subjects

Students undertaking the Graduate Diploma are required to complete eight subjects.

Three core subjects, which are compulsory for students undertaking the full qualification, provide grounding in court and tribunal management, leadership and legal systems.

In addition, students can choose from a range of electives.

There are jurisdiction-specific subjects, focussing on sentencing, appropriate dispute resolution, current issues in court and tribunal management and access to justice.

There are subjects focussed on the principles and practice of management, where students can learn alongside other students undertaking the MBA and Master of Project Management.

Other subjects provide opportunities for research and work integrated learning, with placements and the chance to attend professional conferences.

All subjects can be taken as one-off professional development courses.

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LEADERSHIP, CULTURE AND INNOVATION

Court and tribunal leaders and personnel need to be innovative and responsive in the face of major organisational system challenges, and lead and inspire teams. This unit of study examines organisational and human resource management principles in front-line court and tribunal management, grounded in leadership and organisational theory. The focus will be on the importance of credible and effective communication, research as a management tool, the politics of resource allocation, and methods for innovation and adaptation in managing change. Case studies of transformative organisational change in courts, tribunals and other organisations will be explored.

Core subject overviews

AUSTRALIAN LEGAL SYSTEM AND PROCESS

Courts and tribunals as institutions are shaped by a combination of legal principles, historical structures and modern procedures. The unit of study will cover the purpose, values and role of courts and tribunals and review the history and origins of common law and the principles underlying Australian jurisprudence. These will be contrasted with those of other legal systems, including civil law and customary law. Key concepts in Australian law, including the rule of law, the adversarial system, trial by jury, and natural justice, will be explored alongside the role of court and tribunal administrators within this framework.

COURT AND TRIBUNAL GOVERNANCE AND MANAGEMENT

Courts and tribunals as organisations need professional management of their resources and workforce. This unit of study explores models of court governance under the separation of powers doctrine in theory and practice. New and emerging challenges in improving court accountability and governance, such as workload measurement systems, information and data management, and performance measurement and management, will be examined. Participants will also examine the role and ethical obligations of court and tribunal leaders and personnel in the exercise of their administrative and managerial responsibilities within the context of an independent judiciary. Other issues concerning access, privacy, security and knowledge management will be studied.

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SENTENCING THEORY AND PRACTICE

Sentencing of offenders is the dominant work of judicial officers in many jurisdictions and is also, by repute, one of the most challenging aspects of their work. This unit of study examines the basis of sentencing law; the distribution of sentencing authority between the legislature, judiciary and executive; the role of courts and court support services; the application of sentencing principles and discretion by judges; the impact of sentencing on victims; and sanctions and orders available to courts.

Jurisdiction Specific subject overviews

APPROPRIATE DISPUTE RESOLUTION

This unit of study provides an introduction to processes for resolving both court and non-court based disputes. The unit interrogates the theory underlying negotiation and mediation, including the impact of therapeutic jurisprudence, and critically reflects on the contexts in which various forms of dispute resolution are used. It investigates the causes of conflicts and analyses the roles and objectives of appropriate dispute resolution (ADR) processes. The unit also examines remedies, obligations, confidentiality, admissibility and enforcement of ADR outcomes from the perspective of both practitioners and participants. It considers the obligations of practitioners of ADR from legal, ethical and social perspectives. The focus is national and global, historical and future-directed.

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Jurisdiction Specific subject overviews

ACCESS TO JUSTICE: CURRENT ISSUES

The unit of study examines current issues relevant to courts, tribunals and justice, and in access to justice. Topics will change from semester to semester according to the expertise of the teaching staff. Likely topic areas include: victims in the criminal justice system; family violence; white collar crime and integrity; access to justice in courts and tribunals for communities with non-English speaking backgrounds; and self-represented litigants.

CURRENT ISSUES IN COURT AND TRIBUNAL MANAGEMENT

Court and tribunal management is a dynamic field of work. This unit of study examines current issues relevant to courts, tribunals and justice, in particular court and tribunal management. Areas included in this unit will be: the impact of changing demographics on courts and tribunals; advances in science and technology and their impact on courts and tribunals; case flow and case management; particular challenges for justice systems internationally; and the International Frameworks for Court Excellence and Tribunal Excellence in comparative focus. Additional contemporary issues will be covered by guest presenters who will share their current experiences and expertise.

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Principles and Practice of Management subject overviews

PUBLIC SECTOR FINANCIAL MANAGEMENT

This unit of study provides advanced knowledge of financial management principles within the context of the state and Commonwealth public sector as well as the conventions and practices underpinning these principles. The unit provides an overview of key financial management challenges for public administration including accountability and transparency requirements. Students will be introduced to the concepts of accounting and their application in financial planning, reporting and financial management systems. Students will develop specialised knowledge, skills and learning capabilities in building a business case, financial planning and financial reporting for public sector audiences.

PROJECT RISK MANAGEMENT

In this subject participants will develop the requisite knowledge and skills to identify and classify complex aspects of risk management within a project. The fundamentals of risk management and risk management theories are explored including: definitions of risks and opportunities; risk management systems; risk identification and classification; risk probability and impact; qualitative risk analysis techniques; quantitative risk analysis techniques; risk treatment methods; decision making; risk perception; risk communication; and risk analysis software introduction. Case studies are used to examine and develop understanding of risk management system and its implementation.

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STRATEGIC MANAGEMENT AND BUSINESS POLICY

Strategic Management examines the decisions, actions and processes undertaken by organisations for success, growth and change. Managers at all levels need to be involved in the strategic planning process. This unit of study will explore the principal elements of strategic planning and management and critically review the major models used in strategic analysis. Students will evaluate designated strategic management tools in order to recommend appropriate strategic responses to organisational issues. High level analytical and planning skills will be required to prepare relevant business, operational and strategic plans.

PROJECT MANAGEMENT AND INFORMATION TECHNOLOGY

This unit addresses the ways in which information technology (IT) can facilitate the project management process in relation to feasibility and sensitivity analysis, planning and monitoring, information processing and decision support functions. It focuses on the application of software packages in the areas of both general project management information systems and specialised project management information systems. The subject content includes computerised procurement considerations, identification of available computer hardware and software and analysis of current IT trends. Problem solving in relation to change and risk management and issues of quality control are also addressed. Learning scenarios which highlight the emergent and dynamic nature of IT and project management will be used to contextualise course content.

ART AND PRACTICE OF LEADERSHIP

The unit examines the contextual challenges facing leaders, seeking to develop a deep personal understanding of leadership as a complex process of scanning the environment, setting the strategic direction, and achieving organisational goals through influencing people both inside and outside the organisation. The dynamics of interpersonal power are investigated, with particular attention given to the leader as a social architect, implicit in the concepts of transformational and values-based authentic leadership.

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CAPSTONE RESEARCH PROJECTIn this unit, students carry out a work-related research project under the guidance and supervision of an appropriate academic staff. Students will explore complex problems, analyse results, and interpret evidence with regard to different bodies of knowledge and practice and advocate recommendations. The unit also requires students to communicate these propositions to specialist and non-specialist audiences both orally and in writing in a scholarly manner as a professional, balancing individual and public good.

Research and Work Integrated Learning subject overviews

ADVANCED RESEARCH AND WRITINGThis unit of study provides a comprehensive introduction to research methodologies in law, including the consideration of possible research topics for academic thesis/dissertations. Included in the unit of study matter of the course are examinations of the research process; considerations of ethical issues in research, problem definition and the research proposal; survey research; questionnaire design; quantitative research in law; and an exploration of different research paradigms and writing styles in research.

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PROJECT PLACEMENT

The practice of court and tribunal management can be shaped by the work of other organisations in the public and private sector that deal with similar issues and clientele. This unit enhances student learning through a workplace experience with an external partner organisation, an interstate court or tribunal or, in some cases, a negotiated international exchange. It will encourage reflexive learning supported by research skills training.

Further units can be offered subject to demand, including:

• Work and Organisation Systems

• Organisation Change Management

• Managing Innovation and Entrepreneurship

• Project Planning and Control

• Project Stakeholder Management

• Project Procurement Management.

PROFESSIONAL SKILLS PRACTICUM

Senior leaders require high level presentation and persuasion skills. This unit allows students to undertake a self-directed course of study by, for instance, attending a designated professional conference and preparing and presenting their work to peers. The unit provides a mechanism for reflective participation in a variety of professional fora, including conferences, working parties, formal and informal meetings, to hone skills for effectiveness in diverse professional settings. This unit will focus on presentation skills, influencing skills, and giving and receiving feedback, as well as writing in a variety of genres.

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The Honourable Michael Kirby AC CMG

Former High Court Judge and human rights advocate

“Victoria University and its law school tends to be innovative. I think the new Courts and Tribunals Academy is very exciting and I congratulate the Sir Zelman Cowen Centre for taking this initiative. Courts and tribunals are means of bringing justice - in the case of tribunals especially - to people who don’t have a lot of money and rely upon skilled decision-making and talented, independent and uncorrupted court and tribunal staff. An Academy dedicated to supporting and professionalising court and tribunal staff is a move that will have broad positive ramifications for the justice system as whole. It will be very interesting to see the new course unfold and give new forms of instruction to the large numbers of our fellow citizens who work in the independent courts and tribunals in Australia.”

Messages of Support

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Mr John Meeks

Vice President, Institute for Court Management, National Center for State Courts (USA)

“We at the National Center for State Courts look forward to establishing a working relationship with the Courts and Tribunals Academy and conducting transpacific projects for the benefit of Australian and US court leaders and personnel, including exchange opportunities and research collaborations.”

The Honourable Duncan Kerr Chev LH

President of the Administrative Appeals Tribunal

“I am delighted that the Courts and Tribunals Academy intends to offer a Graduate Diploma. The administration of courts and tribunals requires high levels of professional competence in quite specialised areas. An award course coordinated through a university would complement and extend the learning available to tribunal staff. It is likely to have great appeal to our existing and intending staff and, I dare say, to their colleagues in other jurisdictions.”

Dr Ingo Keilitz

President, Court Metrics

”The Academy promises to provide the courts, tribunals and justice institutions across Australia with educational services, technical support, and research as they reshape their leadership, management practice and governance at a time of heightened public expectations for justice services and demands for public sector transparency and accountability. With so many talented and dedicated individuals positioned to ensure that it succeeds, I know that great success will surely come its way.”

The Honourable Marilyn Warren AC

Chief Justice of the Supreme Court of Victoria

“At this historic time when Victorian courts have been able to secure self-management of their affairs with the establishment of Court Services Victoria, court governance and management is of particular interest. This is a very timely and important initiative and I will watch the development of the Courts and Tribunals Academy with particular interest.”

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Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

SIR ZELMAN COWEN CENTRECOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

Sir Zelman Cowen CentreCOURTS AND TRIBUNALS ACADEMY

CRICOS Provider No. 00124K (Melbourne) CRICOS Provider No. 02475D (Sydney) RTO Code: 3113

vu.edu.au

For further information please visit vu.edu.au/courts-tribunals-academy

To arrange a briefing about the Academy and its work please contact the Sir Zelman Cowen Centre on (03) 9919 1843 or cta@vu.edu.au