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TRANSCRIPT
Statement by the Chief Justice
Only 2 years after the dismissal of the entire judiciary and magistracy some progress has visibly been made. The task is not easy. The first priority had to be restoration of judicial officers. This task is ongoing. Because of travel bans placed on those persons joining the Fiji judiciary it is less easy to appoint locals to the senior judiciary. The second task has been to provide appropriate training. The training has been handled internally, and focused on core legal skills for Judicial officers, courtroom management, the implementation of new legislation, and better case management. A good deal of practical work is carried out which has proved efficacious. Case Management which had been first implemented in the Criminal Division of the High Court in 2002 had not been previously extended to other Divisions or to the Magistrates Court. Case Management extends now to all Divisions of the High Court. More work is to be done, but it is providing an effective tool to ensure cases do not get lost or left behind.
Part of our plans for Judicial reforms must be a transformation of the accommodation for the hearing of cases. This includes the upgrading of the equipment and the introduction of video recording of proceedings. Much should have been tackled long ago. The courts have been a neglected arm of Government; less so now. There is much to be caught up with.
A major programme for the upgrading of Government Buildings in Suva has begun. Judicial Department now occupies more than 95% of old Government Buildings. Many other projects throughout Fiji have also to be pursued to expand access to the courts for the rural areas and to raise the standard and extent of judicial services provided. A mobile Small Claims Tribunal Service is well under way with only a few more court centres to be opened.
Government Buildings in its renovation should be able to deliver a substantial increase in facilities. Some have already been achieved, but much much more is yet to be commenced and put into operation.
Modern simple serviceable courts, good sound systems, technological options and video recording of proceedings, these are the essential improvements within our reach. Of course a court system requires umpteen ancillary services and not just courtrooms – court registries, suitable and hygienic toilet facilities, chambers for judicial offi cers, secretaries offi ces, crèches, fi rst aid rooms, interview rooms, social welfare facilities, counsel’s waiting rooms and Law Society facilities to name a few. Also the holding cells for those Accused in custody need to be expanded and made compliant with every modern standard, drivers facilities, accounts, IT Section, Library, appeal courts and registries. Th ere has been a signifi cant increase in usage of courts by litigants both in civil matters and in criminal cases which is driving the need for more courtrooms and facilities generally.
Th ese are some of our aims for moving the Department forward so as to provide a better overall justice facility for the public of Fiji.
A.H.C.T. GatesChief Justice12 September, 2012
STATEMENT BY THE CHIEF REGISTRARIntroduction
I was confirmed as Chief Registrar with effect from May 2011. I consider this an opportune moment to keep the rest of you abreast the progress we have made in the year 2011.
As you are aware, after undergoing many changes, it still remains a very challenging task to administer the Judicial Department since we have embarked on a journey of revival with positive results being achieved.
We had a very ambitious business plan for 2011 with the present economic development climate of the country which augurs well for the department as well. To meet the high demands of our services throughout the country, a landmark was the achievement reached with the opening of the ‘mobile small claims tribunals’ throughout Fiji. This is the best we can do at the moment with the resources we have, to take justice to people.
A massive general upgrading started at the Government Buildings in Suva to expand the services of the Judicial Department to the public, especially in the area of Magistrate’s Courts and its Registry Facilities. Moreover, the construction of a few court rooms for the High Court and its Registry commenced in order to accommodate the volume of increasing trials.
A milestone was reached when the Public Service Commission approved many new posts whereby the establishment was increased in order to meet the present requirements; a few vital project posts were created for the smooth functioning of the department. This was an essential requirement in order to provide services which were not being provided before. I express my sincere gratitude to PSC and Ministry of Finance in this regard.
As was in 2010, several training workshops were held for the Judicial Officers as well as for support staff in order to improve the standard of service provided to the public. This year we engaged the services of the National Training and Productivity Centre to educate a selected few on Leadership and Training of the Trainer Programmes. These training has indeed assisted staff to be more professional in serving the public.
A much needed uniform too was introduced to all support staff in order to maintain our identity through out the country.
This year, we successfully conducted 3 sessions of the Supreme Court and 4 Sessions of the Court of Appeal. I am grateful to the Justices of Appeal who arrived in Fiji from Sri Lanka and Australia who made these ses-sions a success. Despite the cadre not being filled, the Judges of the High Court have continued to administer Justice. The Magistracy was further strengthened by 07 local appointees who were selected for the first time through public advertisement. This was followed by another 06 expatriates from Sri Lanka and Australia being appointed to the Magistracy. As a result, we were able to conduct regular island and circuit sittings. We now have a full time Resident Magistrate in Navua. The frequency of Nabuwalu and Savusavu sittings too have been increased.
With the assistance of PSC and MOF, this year too, we were able to advertise a number of posts in December and recruitment of these will be made 2012. In order for us to function fully, we will always need the co-operation of PSC and MOF.
I would like to thank the MOF for increasing the budget for 2012 by allocating funds to start on the much needed Lautoka High Court Complex which will enable us to provide a better service to the public in the Western Division.
The Department was fortunate enough to at least receive 02 vehicles from MOF this year. With this, we have been able to supply an additional vehicle to the Northern Division and a vehicle to be placed in Nasinu. In desperation, the Department still continues to rent 3 vehicles to cater for the pressing needs in Ba, Lautoka, Suva and for the Fine Enforcement unit. Hence our pressing need for vehicles still persists.
The plans for 2012 include fixing of a time machine for recording attendance in the Northern Division having installed two in Suva and Lautoka this year. This has regularized the attendance of our staff to a great extent.
Plans are underway to educate the High School students on the Domestic Violence Decree, Child Welfare Decree and general functioning of the Courts. We have written to the Principals to express their interest and utilize this opportunity to educate their students. As was done in 2011, the public will be educated in 2012 via media regarding the obtaining of Probate, FNPF, duties of Legal Practitioners Unit and so on in order to create awareness and upgrade the quality of service with easy access to our offices.
The payout of maintenance has undergone a massive change from the year 2011 with the introduction of bank accounts and electronic money transfer. This was later introduced to pay the outstanding fines. I am indeed grateful to the Ministry of Information for allowing us to publish the names of Fine Defaulters in every issue of the Fiji Focus so that public has easy access. More publicity will be given to the operations of the Fine Enforcement Unit via media in the coming year in order to collect as much revenue as possible.
I take this opportunity to express my sincere gratitude to the Hon. Chief Justice for his timely advice and guidance, Hon. Attorney General and Minister of Justice, the former PS Justice who is now the DPP, the Acting PS Justice who is now Acting Solicitor General for their relentless support and guidance given to us. Further I would like to acknowledge the assistance given to our department by PSC, MOF, Police Department, Prisons Department, DPP, LAC, FICAC and the Unofficial Bar for their support in making our functions a success.
The department has taken many steps to upgrade the productivity and its related services and has brought about a performing culture based on our Knowledge, Skills and Attitude. The need of the hour is to work for our collective prosperity through productivity and profitability of the Judicial Department. Towards this end, as the Chief Registrar I seek the total commitment to the job by our employees, dedication to our progress and unwavering loyalty toward this organization in order to strive for highest standards of integrity and impartiality to enhance the quality of Justice in the Community by providing an effective and accessible system to all.
Last but not least a very big thank you to my support teams at Administration in Suva, Lautoka and Labasa and all staff throughout Fiji for their harmonious involvement with the management to rally and contribute in thought and effort to increase revenue, eliminate waste and optimize cost .
Judicial Department Organisation Chart
Chief Registrar
Deputy Registrar (Legal)Suv, Ltk, Lbs
Chief AdministrativeOfficer
ManagerFinanceManager HR
Magistrate’s Court Civil/
Criminal
FamilyCourt
High CourtCivil/
Criminal
SmallClaimsTribunal
SAOAssets SAO PPUSAO
Admin SAO
AO
AAO3 Post
CO18 post
Snr CourtOfficer
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretary
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretry
CourtOfficer
AsstCourtOfficer
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
AODiscipline
AOAssets
SAO(Lautoka)
AO(Labasa)
COAssets
4 - EOHR,
Travel,Leave
Transport
Court ofAppeal
EOLabsa
2 - EOAssets,
HRLautoka
CO6 post
3- SA/PIT
LibrarianSuva,
Lautoka
ASA/PLibrary
AsstSuv, Ltk,
Lbs
CO3 post
CO2 Post
Senior Secretary
Secretary
Secretary
Secretary
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretary
ComputerOperator
5 post
Statistician3 Post
SCOTraining
COTraining
2 - ACOTraining
Drivers
Messengers
Technician2 Post
TechnicianAsst
4 Post
Typist Typist
Secreatry
Typist
Secretary
Typist
Secretary
Typist
Secretary
TypistTypist
AsstStats
6 Post
Messenger
Messenger Messenger Messenger MessengerMessenger
Typist
Messenger
Prin,LegalOfficerLPU
Prin InforOfficerPR Unit
Senior LegalOfficer
LegalOfficer
Investigator
Secretary
LegalOfficer
Snr InforOfficer
InforOfficer
Asst InforOfficer
EO
CO
Technician
TechnicalAsst
Messenger/Driver
ManagerFEU
AsstAnalystProg.
AsstStats.
Driver
CO
Project Post
LegalResearchAssistant
DirectorCouncelling
Registrar/Conciliator
AssistantRegistrarLtk/Lbs
Counsellor
AssistantCounsellor
CourtReporter
Chief Registrar
Deputy Registrar (Legal)Suv, Ltk, Lbs
Chief AdministrativeOfficer
ManagerFinanceManager HR
Magistrate’s Court Civil/
Criminal
FamilyCourt
High CourtCivil/
Criminal
SmallClaimsTribunal
SAOAssets SAO PPUSAO
Admin SAO
AO
AAO3 Post
CO18 post
Snr CourtOfficer
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretary
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretry
CourtOfficer
AsstCourtOfficer
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
AODiscipline
AOAssets
SAO(Lautoka)
AO(Labasa)
COAssets
4 - EOHR,
Travel,Leave
Transport
Court ofAppeal
EOLabsa
2 - EOAssets,
HRLautoka
CO6 post
3- SA/PIT
LibrarianSuva,
Lautoka
ASA/PLibrary
AsstSuv, Ltk,
Lbs
CO3 post
CO2 Post
Senior Secretary
Secretary
Secretary
Secretary
Snr CourtOfficer
CourtOfficer
AsstCourtOfficer
SnrSecretary
ComputerOperator
5 post
Statistician3 Post
SCOTraining
COTraining
2 - ACOTraining
Drivers
Messengers
Technician2 Post
TechnicianAsst
4 Post
Typist Typist
Secreatry
Typist
Secretary
Typist
Secretary
Typist
Secretary
TypistTypist
AsstStats
6 Post
Messenger
Messenger Messenger Messenger MessengerMessenger
Typist
Messenger
Prin,LegalOfficerLPU
Prin InforOfficerPR Unit
Senior LegalOfficer
LegalOfficer
Investigator
Secretary
LegalOfficer
Snr InforOfficer
InforOfficer
Asst InforOfficer
EO
CO
Technician
TechnicalAsst
Messenger/Driver
ManagerFEU
AsstAnalystProg.
AsstStats.
Driver
CO
Project Post
LegalResearchAssistant
DirectorCouncelling
Registrar/Conciliator
AssistantRegistrarLtk/Lbs
Counsellor
AssistantCounsellor
CourtReporter
The Judicial DepartmentROLE AND FUNCTION OF THE JUDICIAL DEPARTMENT
The Judicial Department is responsible for enhancing the quality of Justice in the community by ensuring an effective and accessible System of Courts as the cornerstone of Justice. The Court System will uphold the principles of equality, fairness access and commitment while protecting the dignity and rights of all members of the community.
Administration of Justice Decree 2009 – [Decree No. 9]The entire Judiciary was reformed by the Administration of Justice Decree 2009 [Decree No. 9]. Under Section 2 of Decree 9 the following Courts were re-established:-
a. The Supreme Court, which shall be the Final Appellate Courtb. The Court of Appealc. The High Court d. Magistrate’s Courte. SCT
Jurisdiction of the CourtsThe principal courts of Fiji are the Supreme Court, the Court of Appeal, the High Courts and the Magistrate’s Courts. The Small Claims Tribunal is for the settlement of a dispute below $5000 and will be presided by a Referee. Various other Tribunals such as the Central Agricultural Tribunal, Tax Tribunal, Land Transport Authority Tribunal, Liquor Tribunal will be presided by the Resident Magistrates.
The Supreme Court is the final appeal court in Fiji. It has exclusive jurisdiction, subject to such requirements as may be prescribed, as and when the need arises to hear and determine appeals from the Court of Appeal. It has power to review, vary, set aside or affirm decisions or orders from the Court of Appeal and may make such orders (including an order for a new trial and an order for award of costs) as are necessary for the administration of justice. The Supreme Court may review any judgment, pronouncement or order made by it. Its decisions are binding on all the Courts of the State.
The Court of Appeal is the intermediate appeal court. It has jurisdiction, to hear and determine appeals from the High Court, and has such other jurisdictions as conferred on it by law.
The High Court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Law. It also has origi-nal jurisdiction in any matter arising under our Constitution or involving its interpretation. (It is the Court of Disputed Returns in matters affecting elections to Parliament.) Further, it has jurisdiction to hear and determine appeals from the lower courts.
The Magistrate’s Courts are established under the Magistrate’s Courts Act (Chapter 14). In Civil proceedings a Magistrate’s Court has jurisdiction to hear all Contract or Tort claims where the amount claimed does not exceed $50,000.00 as well as in the proceedings between Landlord and Tenant where the annual rent of property does not exceed $2,000.00. If the amount in dispute exceeds these limits, a Magistrate’s Court may nonetheless hear the case if the parties consent to limit the claim up to $50,000. In the exercise of their Crimi-nal jurisdiction, Magistrate’s Courts have all the powers and jurisdiction conferred on them by the Criminal Procedure Decree, the Magistrate’s Courts Act or any other law for time being in force.
The Small Claims Tribunal has jurisdiction in respect of any Civil claim with a monetary ceiling of $5,000.00. It does not have the jurisdiction to hear disputes involving titles to or possession of land. The Small Claims Tribunal is headed by a Referee and determination of a particular matter will be made as the Referee thinks fit. No lawyers are allowed to appear in the Small Claims Tribunal to represent the parties.
The Central Agricultural Tribunal has jurisdiction to hear appeals where a Landlord or a Tenant is aggrieved by an award, order or certificate of Agricultural Tribunal made or issued under the provisions of the Agricultural Landlord and Tenant Act, Cap.270.
The Tax Tribunal (VAT & TAX) has jurisdiction to hear and determine appeals from the assessments of the Commissioner of Inland Revenue under the Income Tax Act, Cap.201.It also has jurisdiction to hear and determine appeals made under Section 50 of the Value Added Tax Decree 1991 against the decisions of the Commissioner of Inland Revenue.
The Family High Court is presided over by a Judge and Family Magistrate’s Court by Magistrates. It is vested with jurisdiction under the Family Law Act 2003. The Family Court of the Fiji Islands officially opened on 31st October, 2005. The Family Law Act 2003 came into effect on 1 November, 2005.Family Court deals with family matters, such as Application for Order of Nullity (nullify the marriage), Appli-cation for Declaration as to Validity, Dissolution of Marriage (Divorce), Maintenance & Contribution applica-tions, matrimonial property distribution between the parties, residence/contact issues in relation to children, absconding warrant application in order to stop a party from leaving the Country prior to finalization of the matter, Recovery Order application for recovering a child(ren), Contempt applications when a party breaches a Court Order, enforcement of maintenance orders and Adoption cases. Interim applications are also made in respect of some of the substantive matters.Counselling is also part of the service provided by the Family Court. It is headed by a Director, Counselling and offers counceling services free of charge. It also becomes an integral part of a proceeding when it comes to children’s issues.
FundingThe Judicial Department is fully funded by the Government of Fiji.
Strategic IntentFor this four year Strategic Plan, the Department will implement strategies which will maximise its efficiency and effectiveness for an independent judicial system for Fiji.
Relationship between Judicial DepartmentPlans and related Government of Fiji Plans,
Commitments and Requirements.
President’s Mandate People’sCharter for Change,
Peace and Progress, Seeds &Roadmap
Judicial Department’s Strategic Plan
Ministry of Justice – Annual Corporate Strategic Workforce Plan
Learning &Development
Plan
SuccessionPlan
Department’s Business Plan
Individual Work Plan
THE JUDICIAL DEPARTMENT PLANS AND PLANNING PROCESS
The Judicial Department has had formally compiled its four years (2011-2014) Strategic Plan and therefore will annually draw the Department’s Business Plan. These plans are to be in line with the Annual Corporate Plan of the Ministry of Justice. The planning process has taken into consideration the needs of our stakeholders, litigants and the people of Fiji, the President’s mandate, The People’s Charter for Change, Peace and Progress, Seeds and the Ministry of Finance’s and Strategic Planning requirements as suggested in figure 2 below.
Relationship between Judicial DepartmentPlans and related Government of Fiji Plans,
Commitments and Requirements.
President’s Mandate People’sCharter for Change,
Peace and Progress, Seeds &Roadmap
Judicial Department’s Strategic Plan
Ministry of Justice – Annual Corporate Strategic Workforce Plan
Learning &Development
Plan
SuccessionPlan
Department’s Business Plan
Individual Work Plan
STRATEGIC FRAME WORK 2011 – 2014
1) To develop an efficient, effective and transparent judicial system;2) To exceed the highest standards by providing an accessible system of justice through courts and tribunals;3) Facilitating community awareness.
CourtManagement
Court Support
Staff
Policy Adviceand Ministerial
Support
Performance Portfolio Statement (PPS) 2011 - 2014
Divisional Output from 2011 - 2014
JudicialEducation
Services andLibrary Services
Corporate
Ensure Effective, Enlightened and AccountableLeadership
Strengthening Law and Justice
President’s Mandate, People’s Charter for Change,Peace, Progress, Roadmap for Economic
Empowermentand Sustainable Development
A Better System of Justice
SWOT Analysis
STRENGTHS WEAKNESSES
OPPORTUNITIES THREATS
The people (HR)IT Division / Equipment
Training and DevelopmentVisionary Leadership
Assets Division (fijiwide)Case management system
Judicial WebsiteTeamwork
SOPsCommunication
The people (need training – Attitude andmindset of staff to come out of the culturalnorm, lack of experience, lack of customer
service orientation, Lack of protocol);Limited budget
Lack of office spaceOffice not OHS compliant
Geographical location of island courtsSOPs of PSC and MoFInadequate Transport
Punctuality/AbsenteeismLow Salaries & Perks
Indefinite delay in court cases.No KPI for Judicial Officers
Community awarenessPartnership with media on advertising
Review of performanceSoftware solutions &
Computerization/automationImproved office buildings
Improved work conditions (pay)Performance based merit system
More VehiclesMaximising utilization of existing technology &
resourcesEthics & Etiquette workshop for lawyers
Improve an efficient and methodical system offines collection
Scholarship based overseas Training
External Stakeholders – delays courtproceedings, poor performance
High staff turnover – better opportunitieselsewhere
Limited budgetPolitical instability
Change/repeal of legislationsUnrevised Legislation
Water/Power cutsNatural Disasters
Economical effectsOnline security risks
VisionAn independent and impartial judicial system for Fiji.
Mission• To develop an effi cient, effective and transparent judicial system.• To exceed the highest standards by providing an accessible system of justice through courts and tribunals.• Facilitating community awareness.
ValuesThe Department is committed to:1. Good Governance – an accountable and responsible workforce.2. Equity – equal treatment, impartiality and fairness.3. Professionalism – integrity, timeliness, honesty, courtesy.4. Excellent Customer Service – Responsiveness, on time service delivery.5. People Capital Development – capacity building as per departmental needs.6. Innovation & Creativity – developing, initiating, generating new ideas for growth.7. Excellent Leadership & Teamwork – Exemplary leadership and Unity.
STRATEGIESThe Strategies for the four year Plan of the Department has been developed in line with the Administration of Justice Decree number 9 of 2009, State Services Decree number 6 of 2009 and the relevant Government policies.
1. Improve access to Justice and Judicial Services.Goals and objectives• Upgrading the existing court facilities• Building new Courts• Decentralizing Court Services• Community awareness
Key Activities• Fencing of Tailevu Court• Construct Vunidawa Court • Construct Nabouwalu Court• Relocation of Ba Court (Dec end 2013)• Classification of a Support Staff to “JD”• Extension of Rakiraki Court• Build a new Complex for Lautoka High Court• Upgrading and constructing new courts in the Government Buildings• Extension of Nasinu Court• Installation of water tanks in the divisions - Navua, GovtBldgs, Sigatoka, Nadi, Nasinu• Installation of electricity generator for government buildings • Conduct sittings of the Small Claims Tribunal where ever there is a Magistrate’s Court• Educating the Secondary School students on domestic violence decree, child welfare decree, and general criminal offences• More Training for Judicial Officers and Support Staff• Review of existing Forms• Updating the Web Site
Measures
Fencing Tailevu Court
Start negotiating with lands department to demarcate the boundaries and complete the same by end of March 2012. By end of May obtain three (3) quotes and decide how to proceed- is it tender or with CR’s authority to approve (for less then $30,000). Commence in June and finalize by August 2012. Project in charge will be Jioji (Assets division) who will be on site with one officer from Nausori Court.If need be, PWD clerk can be appointed on site.
Constructing Vunidawa Court
Renewal of the lease by holding discussions with PSC office accommodation and Lands Department.Finalize the same by 31st August 2012.
Start negotiating with PWD to demarcate the boundaries and complete the scope of work to be done in Vunidawa by end of September 2012.
By end of October obtain three (3) quotes and decide how to proceed.
Generally this would go to GTB if more than $30,000.
If we cannot meet the funds, we have to persuade the MOF to put up a Cabinet Paper to secure funds - from the Consolidated Fund. This project to finish by June 2013.
Commence in March/April and finalize by December 2012.
Project in charge will be Jioji (Assets Division) who will be on site with one officer from Nausori Court.If need be, PWD clerk can be appointed on site.
Constructing Nabouwalu Court
Lands department has demarcated the boundaries.
By end of February 2013 to complete the paper work with PWD for Tender of the construction.
Advertise Tender by end March 2013.
Commence evaluate and awarding of Tender in April 2013.
Extension of Rakiraki Court
Engage a private Architect to survey the premises and provide the plan for extension by end February 2012.
Inform FPO to advertise the Tender by end March/early April.Commence evaluate and awarding the Tender in by June 2012.
Commencement of work by August 2012.
Finalize the construction by August 2013.
If no monies are pumped into our budget, explore the possibility of a Cabinet Paper and secure funds.
Building High Court Complex for Lautoka
• Upgrading and constructing new courts in the government buildings• court• Educating the Secondary School students on domestic violence decree, child welfare decree, and general criminal offences • Conduct trainings/workshops for Judicial Officers/support staff
All construction work to be closely supervised so that timelines and standards are met.
• Conduct sittings of the Small Claims Tribunal where ever there is a Magistrate’s Court
Renovations of Government Buildings
Refurbishing of the remaining old wind Government Building. Liaise with PWD to go for tender having prepared the scope of work by March 2013
Relocation ofthe High Court Library to former Legal Aid Commission (LAC) Wing.
The following Work Should Run through May 2013 till about May 2014
1. Relocation of High Court Library to where LAC was.2. Convert the Library to a Supreme Court - Court Room3. Refurnish the existing Court of Appeal - Court Room4. Refurnish the Banco Court5. Develop / Refurnish existing Training and IT Division6. Relocate High Court Civil Archives to space occupied be Accounts for this moment7. Expand High Court Civil Registry8. Create a Proper Chief Justice’s Chamber on Level 3 - (present CR’s Office)9. Convert existing CJ’s Chamber to house 3 or 4 Judges’ Chambers.10. Shift Admin, Accounts, LPU, FEU, Training, CR, DR, Stats, Assets, SCT, Drivers once office
space is identified (possibly to Kelton House). This should be accomplished by December 2012.
11. Upgrade Magistrate’s Courts 4 and 5.12. Create toilet and kitchenette where Chambers are.13. Expand Court Reporting Unit14. Find more Archiveble spaces for files.15. Renovation of 4 existing Judges’ chambers December 2012.
Goals & objectives1. Implementation of Proper Case Management system2. Public Information Center3. Efficient and effective Human Resource Planning & Management
Key Activities
1. Implementation of Proper Case Management system• Establishment of statutory timelines within which cases to be disposed• Awareness programs for stakeholders.• Implementation of Workload and Registry management software
2. Public information Center• Establishment in all Divisions• Dedicated and trained staff to manage• Comprehensive and user friendly website• One stop shop for information for the general public
3. Efficient and effective Human Resource Planning & Management• Develop human resource plan for the department (manning/ workload balance/ Career path & Succession planning) • Customer oriented services training• Performance based merits system• Quarterly review and performance assessment• Strategized development training
2. Effective assistance in the delivery of Justice in an expeditious and timely manner
Activity Resources Budget ($) Comments Workload and Registry management software
• Established IT Department
• Servers • Software licences • End point Hardware
and equipment
$500k Deployment will be fijiwide and software to be developed in house. All data to be stored in Suva. All documents to be scanned and stored.
Finally training to be provided to users.
Commence 2012, testing stage by September 2012
completion and final delivery by June 2013
Awareness programs for stakeholders.
• Training Department
• Stakeholders • Universities
$100k per annum Public awareness programs at least 4 in the
year Lawyers programs
at least 2 in the year • Establishment of
Public InformationCenter in all divisions
•
Dedicated and trained staff to manage
•
One stop shop for information for the general public
• Recruitment and redeployment of staff
• Printed material- Brochures, posters and forms
• furniture
$100k (establishment cost)
In most registries an area can be converted
and a staff can be trained to handle.
Commence
establishment from Central outwards to West
then North starting March 2012 and all
centers to be established by August 2013. Staff training in
August 2012 Comprehensive and user friendly website
• IT Department • High bandwith
capable host
$15k (establishment) $2k per annum
People friendly website. Availability of forms
online Availability of judgments
online with search feature.
Establishment January
2012 and full implementation by December 2012
Activity Resources Budget ($) Comments
Deployment will befijiwide and softftf ware tobe developed in house.All data to be stored inSuva. All documents tobe scanned and stored.
Finally training to beprovided to users.
Commence 2012,testing stage bySeptember 2012
completion and finaldelivery by June 2013
Public awarenessprograms at least 4 in the
yearLawyers programs
at least 2 in the yearIn most registries an
area can be convertedand a stafffff can betrained to handle.
Commenceestablishment from
Central outwards to Westthen North starting
March 2012 and allcenters to be
established by August2013. Stafffff training in
August 2012People friendly website.
Availability of fofof rmsonline
Availability of judgmentsonline with search
fefef ature.
Establishment January2012 and full
implementation byDecember 2012
• Established ITDepartment
• Servrvr ers• Softftf ware licences• End point Hardware
and equipment
• TrainingDepartment
• Stakeholders• Universities
• Recruitment andredeployment ofstafffff
• Printed material-Brochures, postersand fofof rms
• furniture
• IT Department• High bandwith
capable host
$500,000
$100,000 per annum
$100,000(establishment cost)
$15,000(establishment)
$2,000 per annum
ActivityCustomer oriented services training –
Annual Training Plan
Training Department Service excellence
program
$200k per annum Specialized trainings for all staff from experts. Improving services to
make user and customer friendly registries.
As per annual Training
Plan
Performance based merits system
Quarterly review and
performance assessment
Equipped HR team Performance
Management System as per PSC
$- As per PSC’s PMS framework.
As per PSC’s PMS implementation plan.
Strategized development training
Training Department Human resources
department Administration
$350k As per annual training plan.
Activity Resources Budget ($) Comments
Specialized trainings fofof rall stafffff from experts.Improving servrvr ices to
make user and customerfriendly registries.
As per annual TrainingPlan
As per PSC’s PMSimplementation plan.
As per annual trainingplan.
Training DepartmentServrvr ice excellence
program
Equipped HR teamPerfrfr ofof rmance
Management System asper PSC
Training DepartmentHuman resources
departmentAdministration
$200,000 per annum
$350,000
Measures
1. Implementation of Proper Case Management system
• Awarenessprogramsforstakeholders-Publicawarenessprogramsatleast2inayear,lawyers programs at least 4 in a year.• ImplementationofWorkloadandRegistrymanagementsoftware-Commence2012,testingstageby September 2012 completion and fi nal delivery by June 2013
2. Public Information Center
• EstablishmentinallDivisions• Dedicatedandtrainedstafftomanage• Onestopshopforinformationforthegeneralpublic-CommenceestablishmentfromCentralout wards to West then North starting March 2012 and all centers to be established by August 2013. Staff training in August 2012• Comprehensiveanduserfriendlywebsite-EstablishmentJanuary2012andfullimplementationby Dec 2012
3. Efficient and effective Human Resource Planning & Management
• Develophumanresourceplanforthedepartment(manning/workloadbalance/Careerpath& Succession planning) - As per PSC’s PM’s implementation plan• Customerorientedservicestraining-AsperannualTrainingPlan• Performancebasedmeritssystem-Yettodevelop• Quarterlyreviewandperformanceassessment-AsperPSC• Strategizeddevelopmenttraining-AsperAnnualTrainingPlan
3.HighQualityCourtSystemstosupportthedeliveryofJustice
Objective: • Improved court facilities • Implementation of technical support (networking, cctv, skype) & recording systems• Experienced and qualified personnel• Timeliness of disposal of cases
Key Activities:• WaterTanks:Installationofwatertanksinneedyareassothatcourtsessionscanbeconducted uninterruptedly• Disabilityaccessinallcourts:installationoframps,carparkallocation,liftsandrestrooms• Networkingforallcourts:networkinginstallation• Settingupoftimeframefordisposalofcases-KPIforJudicialOfficerscommencingAugust2012.• ReviewofcurrentSOPs,Forms,Housekeepingsystem,5S,uniforms• ImproveManagementofcourtcauselistings• EnhanceStatisticalCollationandanalysis• ImprovedintegrationandliaisonandhaveMOUstakeholderssuchasPolice,DPP,LegalAid,Prisons
MEASURES• Th rough Govt. Tenders & Procurement procedures to commence from January 2012 and • con struction completed by June 2013• Th rough Govt. Tenders & Procurement procedures to commence from March 2012 and construction completed by June 2013• Th rough Govt. Tenders & Procurement procedures to commence from January 2012 and construction completed by December 2014
Activity Resources needed Budget $ Comments Water Tanks for
Tavua, Rakiraki, Ba
Purchase & PWD to implement
$30, 000 Obtain 3 quotations for purchase of tanks and negotiate with PWD for
installation Disability access in all
Courts Allocate within current
structure $50,000 Obtain 3 quotations for
construction and negotiate with PWD for construction
Networking for all court rooms
PCs, Internet connections, Servers,
Software licensing, Training, IT personnel, TV Screens, cameras,
recorders,
$1.5m Obtain 3 quotations for resources and tender for
establishment
Setting up of time frame for disposal of cases
KPIs by Magistrate’s to CM
KPIs by Judges to CJ List of pending matters to be submitted and to be disposed within a
month
No cost Through CJ and CM’s directives
Review of current SOPs, Forms, Housekeeping system, 5S, uniforms
Current SOPs $50,000 Mandatory Compliance after review
Improve Management of court listings
TV Screens, Website, software
$50, 000
Enhance Statistical Collation and analysis
PCs and software $20,000
Improved integration and liaison and have MOU
with Police, DPP, Legal Aid, Prisons
Regular Meetings, Practice Directions
$20,000 By CJ, CR & CM & Stakeholders
Activity Resources Budget ($) Comments
Obtain 3 quotations forpurchase of tanks andnegotiate with PWD for
installationObtain 3 quotations for
construction and negotiatewith PWD for construction
Obtain 3 quotations forresources and tender for
establishment
Through CJ and CM’sdirectives
Mandatoryryr Compliance aftftf erreview
By CJ, CR & CM &Stakeholders
Purchase & PWD toimplement
Allocate within currentstructure
PCs, Internetconnections, Servrvr ers,
Softftf ware licensing,Training, IT personnel,TV Screens, cameras,
recorders,KPIs by Magistrate’s to
CMKPIs by Judges to CJ
List of pending mattersto be submitted and tobe disposed within a
monthCurrent SOPs
TV Screens, Website,softftf ware
PCs and softftf ware
Regular Meetings,Practice Directions
4. Accurate and timely Ministerial advice to uphold the Rule of Law
Goals and Objectives• To create awareness on the need to educate our internal and external stakeholders with the changing laws
(decrees).• To benchmark against international justice law sectors.• To ensure that policies enacted are implemented within the ambit of the rule of law.
Key Activities• Toreachouttothecommunitiesbyprovidingtrainings,communityandprovincialmeetings awareness using diff erent modes of media coverage and languages.• Monthly,QuarterlyandAnnualreportarecompiled.• Th eenforcementoftheruleoflawtoearntheconfidenceofthegeneralpublic.
MEASURE• Th ereviewingoffeedbackfromstakeholdersandcontinuousassessmentineveryquarter.• Th ereviewingofthelawswhentheneedarisetoammendliaisewiththeSolicitorGeneral’soffice.• Th edisposalofbacklogcasesinthesystembyreferringtothemonthlyreportsandstatistics.• Toensurethatcasesaredisposedinatimelymanner.
ACTIVITY RESOURCES BUDGET( $) COMMENTS Community Awareness
through Radio, Television, Dailys and Provincial and village
meetings
Skilled workforce Computers and internet
$80,000 Process to continue throughout the four
years.
Appointing of more judges and magistrates
Expatriates Qualified Judicial officers
$2,000,000. At the end of 2012
Case Management System
-Technology -Software and Database
Programs. -Data entries (personnel)
$300,000. To be developed in other district court starting on
May 2012
Monthly Report, Quarterly and Annual
Report
Statistical report No Cost Monthly, Quarterly and Annually
Activity Resources Budget ($) Comments
Process to continuethroughout the four four f
years.
At the end of 2012
To be developed in otherdistrict court starting on
May 2012
Monthly, Quarterly andAnnually
Skilled workfofof rceComputers and internet
Expatriates QualifiedJudicial offfff icers
-Technology-Softftf ware and Database
Programs.-Data entries (personnel)
Statistical report
5. A well informed Judiciary to sustain Public confi dence
Goals and Objectives• Competent and capable judicial offi cers• Appoint more locals to the Judiciary and Magistracy• Strategize Training and Development • Deliver judgments, sentencing and rulings in the timely manner
Key Activities1. Appoint highly qualifi ed and experienced offi cers who are well versed with local laws.2. Attract applicants through advertisements.3. Conduct regular training and workshops on general topics (Time Man-agement, team building, stress management, personal budgeting, changing attitude, customer service ethics and etiquette, controlling of court)4. Conduct regular training workshops on specifi c topics such as introduc-tion of new laws and repealing of old laws, best practice for Fiji, changing procedures
Budget
Appoint highly qualified and
experienced officers who are well versed
with local laws.
Local Applicants Overseas Applicants
Will be provided along with the appointments
Since there is dearth of qualified persons in Fiji or since the qualified
persons are not interested in joining the judiciary, for the next 4
years, we have to continue with expatriate
appointments Attract applicants
through advertisements
Local and overseas news papers
$5,000 Local advertisement in Jan 2012
Overseas in March 2012(2011 we advertised too)
Conduct regular training and
workshops on general topics (Time
Management, team building, stress
management, personal budgeting, changing
attitude, customer service ethics and
etiquette, controlling of court)
In house and external presenters
$100,000 Hon Chief Justice and NJEC has to vet and give their approval to
conduct the same(Annually Done)
Conduct regular training workshops on specific topics such as
introduction of new laws and repealing of old laws, best practice
for Fiji, changing procedures
In house and external presenters
$300,000 Hon Chief Justice and NJEC has to vet and give their approval to
conduct the same(Annually Done)
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ption of new laws and repealing of old laws, best practice for Fiji, changing
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persons are notinterested in joining thejudiciary, fofof r the next 4
years, we have tocontinue with expatriate
appointmentsLocal advertisement in
Jan 2012Overseas in March 2012(2011 we advertised too)
Hon Chief Justice andNJEC has to vet andgive their approval to
conduct the same(Annually Done)
Hon Chief Justice andNJEC has to vet andgive their approval to
conduct the same(Annually Done)
attitude, customer service ethics and etiquette, controlling of court)4. Conduct regular training workshops on specifi c topics such as introduc-tion of new laws and repealing of old laws, best practice for Fiji, changing
Lattitude, customer service ethics and etiquette, controlling of court)
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ption of new laws and repealing of old laws, best practice for Fiji, changing
p4. Conduct regular training workshops on specifi c topics such as introduc-p4. Conduct regular training workshops on specifi c topics such as introduc-tion of new laws and repealing of old laws, best practice for Fiji, changing
ption of new laws and repealing of old laws, best practice for Fiji, changing
l4. Conduct regular training workshops on specifi c topics such as introduc-l4. Conduct regular training workshops on specifi c topics such as introduc-i4. Conduct regular training workshops on specifi c topics such as introduc-i4. Conduct regular training workshops on specifi c topics such as introduc-c4. Conduct regular training workshops on specifi c topics such as introduc-c4. Conduct regular training workshops on specifi c topics such as introduc-a4. Conduct regular training workshops on specifi c topics such as introduc-a4. Conduct regular training workshops on specifi c topics such as introduc-n4. Conduct regular training workshops on specifi c topics such as introduc-n4. Conduct regular training workshops on specifi c topics such as introduc-t4. Conduct regular training workshops on specifi c topics such as introduc-t4. Conduct regular training workshops on specifi c topics such as introduc-s4. Conduct regular training workshops on specifi c topics such as introduc-s4. Conduct regular training workshops on specifi c topics such as introduc-
Local and overseasnews papers
In house and externalpresenters
In house and externalpresenters
Measures1. Appoint highly qualified and experienced officers who are well versed with local laws.2. Attract applicants through advertisements
Advertise locally in January 2012, process application by February 2012, conduct interviews in early March, recommend and finalize in order to be appointed in late May. If the need arises advertise in overseas papers in April 2012.
3. Conduct regular training and workshops on general topics (Time Management, team building, stress management, personal budgeting, changing attitude, customer service ethics and etiquette, controlling of court).
At least to cover one topic of the above in the regular monthly meetings of the Magistracy.
6. Good Governance and Professionalism
Goals and Objectives• Toprovideatransparent,effective,efficientandimpartialjusticesystem.• Tocreateasafeandharmoniousworkingenvironmentbymaximizingonpersonaldevelopmentofhe officers.
Key Activities• Recruitmentofqualifiedjudicialofficers.• Productionofrulings,judgmentsandsentencesinatimelymanner.• Thecompliancetotheruleoflaw.• Workshopsandtrainingingoodgovernancetoallcadrestoincreaseproductivity.• Benchmarkingagainstinternationaljusticesystems
MEASURES• Shortlistingofcandidatesafter14daysofadvertisementandinterviewandconfirmationthroughstaff board within one month.• TrainingconductedinlinewithTrainingandDevelopmentPlans. January to December annually.• QCCformedandregularlyadviceonareasofimprovementfor management’s decision making during heads of section meetings weekly.• ServicechartercompiledbyadminincompliancewithPSCinstructionsbyFebruary2012and published by March 2012.
7. Leadership, Teamwork and Service Delivery
Goals and Objective:• Selectionofhighcalibreleaders;• Teambuildingandunity• Worldclassservice
Key Activities• Recruitmentandselectionprocessformostmeritoriousofficers• Traininganddevelopmentprograms• Collaborativeapproachtodecisionmaking• Implementationofservicecharter
• Training and development programs• Collaborative approach to decision making• Implementation of service charter
Activity Resources needed Budget $ Comments Recruitment and
selection process for most meritorious
officers
Advertisement in FPSOC Interview Panelists
Staff Board
$60,000/year Liaise with PSC on advertisement & recruitment
Training and development programs
Venue, Qualified Trainers, Stationeries
$100,000/year Training and Development Plans developed and implemented annually Jan – Dec each year
Collaborative approach to decision making
QCC No cost Weekly meetings with staff to gather best approach for
recommendation to management
Implementation of service charter
Publication $5,000 Liaise with PSC and management’s decision
Activity Resources Budget ($) Comments
Liaise with PSC onadvertisement & recruitment
Training and DevelopmentPlans developed andimplemented annuallyJan – Dec each year
Weekly meetings with stafffff togather best approach fofof r
recommendation tomanagement
Liaise with PSC andmanagement’s decision
• Implementation of service charter• Implementation of service charterA• Implementation of service charterd• Implementation of service charterd• Implementation of service charter• Implementation of service charterv• Implementation of service chartere• Implementation of service chartere• Implementation of service charter• Implementation of service charterr• Implementation of service chartert• Implementation of service chartert• Implementation of service charter• Implementation of service charteri• Implementation of service charters• Implementation of service charters• Implementation of service chartere• Implementation of service chartere• Implementation of service charter• Implementation of service charterm• Implementation of service chartere• Implementation of service chartere• Implementation of service charter• Implementation of service chartern• Implementation of service chartert• Implementation of service chartert• Implementation of service charter• Implementation of service charteri• Implementation of service charter• Implementation of service chartern• Implementation of service charter• Implementation of service charterF• Implementation of service charter• Implementation of service charterP• Implementation of service charterS• Implementation of service charterS• Implementation of service charterO• Implementation of service charterO• Implementation of service charterC• Implementation of service charterC• Implementation of service charterIntervrvr iew Panelists
Stafffff Board
Venue, QualifiedTrainers, Stationeries
QCC
Publication
Activity Resources needed Budget $ Comments Recruitment and selection process for most meritorious officers
Advertisement in FPSOC Interview Panelists
Staff Board
$60,000/year Liaise with PSC on advertisement & recruitment
Training and development programs
Venue, Qualified Trainers, Stationeries
$100,000/year Training and Development Plans developed and implemented annually Jan – Dec each year
Collaborative approach to decision making
QCC No cost Weekly meetings with staff to gather best approach for
recommendation to management
Implementation of service charter
Publication $5,000 Liaise with PSC and management’s decision
Activity Resources Budget ($) Comments
Liaise with PSC andmanagement’s decision
Publication
Opendoor policyManagement byWalking around /
talking around
JUDICIAL DEPARTMENT’S STRATEGIC PLAN 2011 – 2014CHALLENGES AND ISSUES
There are many issues which have been identified as being relevant to the effective and effi-cient disposal of cases (both Civil and Criminal) by the Court. These challenges and issues will be taken into consideration in the implementation of the Strategic Plan.
Reviewing scope of the Judiciary, such as the number of Judges, Magistrates and other Judicial Officers [including the creation of new positions like the Master of the High Court).
Court Administration: Improved case management.
Jurisdiction: Specialized Courts and tribunals in all geographical areas including Islands.
Legal Profession: The performance and conduct of all Legal Practitioners including Government Lawyers and prosecutors to be standardised.
The introduction and availability of Alternative Dispute Resolution and more informal settlement procedures in order to have expedient disposal if cases.
Court congestion and a backlog of cases is currently the major hindrance to providing equal access to Justice and ensuring the effective enforcement of Law through the Court system. The Sir David Beattie Report recommendations applicable as to present day will continue to be progressively implemented to alleviate these problems.
Measures to be taken to call for greater cooperation and co-ordination between major stakeholders namely FICAC, LAC, Police, Prisons, Social Welfare, A-G’s Office, the Director of Public Prosecutions and also the Fiji Law Society particularly in relation to the development of standards that need to be met to ensure cases are handled properly and disposed of efficiently.
Measures will be implemented to strengthen the independence and accountability of the Judiciary. This involves the adoption and enforcement of conduct standards for Judges, Magistrates and other Judicial Officers appointed in accordance with the Administration of Justice Decree 2009.
Productivity Management and Human Resource Development.
Asset Management – Upgrading of existing Court facilities and building of New Court Houses.
The lack of Financial Resources would certainly be a major hindrance to the full implementation of the Strategic Plan.
The Judicial Department through the implementation of its Strategic Plan has aligned itself to the outcomes of the People’s Charter for Change, Peace and Progress to:-
PILLAR 1: Ensuring Sustainable Democracy and Good and Just Governance.
PILLAR 3: Ensuring Effective, Enlightened and Accountable Leadership.
PILLAR 1
PILLAR 3
[i] To Redress the Law
and Order situation
- Restoring Justice through alternative sentencing, community service and efficient disposal of cases
[ii] Ending the Coup Culture
The Courts to be empowered to penalize including orders of Dissolution of Political Parties that engage in activities that breach important values of the Constitution
Enact, and effectively enforce a Code of Conduct for Public Servants, Public and Independent Constitutional Office holders, municipal Councils and members of Parliament and persons who hold Statutory appointment of Governing of Executive positions in Statutory Authorities
Enact, and efffff efef ctively enfofof rce a Code ofConduct fofof r Public Servrvr ants, Public andIndependent Constitutional Offfff ice holders,municipal Councils and members ofParliament and persons who
[i] To Redress the Lawand Order situation
- Restoring Justice throughalternative sentencing,community servrvr ice andefffff icient disposal of cases
[ii] Ending the CoupCulture
The Courts to beempowered to penalizeincluding orders ofDissolution of PoliticalParties that engage inactivities that breachimportant values of theConstitution
holdStatutory appointment of Governing ofExecutive positions in Statutory Authorities
PILLAR 1 PILLAR 3
