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Access to Justice is a Fundamental Right that Cannot be Bought or Sold

Rosalie Woodruff MP

Rosalie Woodruff MP  -  Tuesday, 17 November 2015

Tags: Courts, Justice

That this House:

(1)             Closely scrutinises any policies, including ‘user-pay’ models, that put at risk the fundamental and essential function of courts in dispensing justice in a modern and democratic society.

(2)             Acknowledges that for a just and fair society to function, every member of our community must be treated equally before the law, free from the influence of money, status or power.

(3)             Further acknowledges the impact of Article  40 of the Magna Carta on shaping our justice system in providing, “To no one will we sell, to no one deny or delay right or justice”, giving every member of our community an unalienable right to justice and access to the legal system.

(4)             Recognises that access to justice is the fundamental right of every Tasmanian and that it is not a service that can be bought or sold.

(5)             Remembers that policies that increase the cost of accessing justice have a disproportionately greater impact on the most vulnerable members of our community who are least able to pay and who make up the majority of those who are currently seeking justice through our courts.

(6)             Further recognises that our justice system should not be based on a “best business case” that ignores its fundamental purpose, ensuring the rule of law.