Access to justice involves more than just courts and lawyers, and includes early access to information and services to help prevent and resolve disputes. While courts play an important role, alternatives like mediation are often faster, cheaper, and more suitable. Having good information can help parties resolve disputes on their own. Access to justice also aims to overcome barriers through clearer laws, better communication between agencies and applicants, and a strategic framework adopted by the Australian Government to target resources and reforms toward improving access.

1. About Access to Justice
Access to justice is not just about courts and lawyers, but is also about better and early access to
information and services to help people prevent and resolve disputes.
While courts are an important part of the justice system, there are many situations where other
options for resolving a dispute will be faster, cheaper and more suitable in the circumstances.
Often a full blown court case will be completely disproportionate to the issues in dispute.
Sometimes, simply having access to good information can help people to resolve their own
disputes quickly and effectively. It may also be that parties will have an ongoing relationship after
the dispute is resolved, such as a family matter or employment issue, so using a method of
alternative dispute resolution that promotes agreement between the parties may be a better
option. In complex and entrenched disputes, a court determination may be the most appropriate
outcome. Ways to resolve issues include:
 Information, advice and support
When you are in a dispute it is useful to have a good understanding of your legal rights and
responsibilities as well as an awareness of how to respond to a legal issue.
A range of information and advice services are available to help you prevent or resolve a dispute,
including community legal education services and legal hotlines such as the National Family
Relationships Advice Line.
Information and advice services can provide you with helpful guidance on your legal issue,
including options available to assist you in resolving your dispute.
 Ombudsmen
An ombudsman is a person who can assist to protect your interests in your dealings with:
Government and Industry service providers, such as banks, telecommunication providers and
energy and water providers
Ombudsmen can handle complaints and will attempt to find solutions that satisfy everyone.
Ombudsmen resolve disputes through consultation and negotiation, and, if necessary, by making
formal recommendations to the most senior levels of government.
• Government Ombudsmen
A government ombudsman can consider your complaint if you think you have been treated
unfairly by a government department or agency.
Each State and Territory has a government ombudsman who can listen to your complaints about
a State or Territory government agency and local council. Some examples of the types of
complaints they can look at are problems with:
 schools ,
 child care centres, and
 policing (except the Australian Federal Police).
There is also a Commonwealth Ombudsman who can assist you if your complaint is about the
administrative actions of a Commonwealth Government agency. Some examples of the types of
complaints the Commonwealth Ombudsman can consider are problems with:
 Centre link,

2.  Veterans’ Affairs benefits,
 child support payments,
 the Australian Defence Force,
 the Australian Federal Police freedom of information , and
 immigration , the postal industry, taxation.
• Industry Ombudsmen
An industry ombudsman can assist you if you have dispute with a service provider, such as:
o a disagreement about electricity or phone bills
o concern about unfair contracts
o concern about poor service
o External Dispute Resolution Schemes
Some industries provide external dispute resolution (EDR) schemes, which are generally
operated by industry ombudsmen. EDR schemes offer you a cheap and flexible way to resolve a
dispute. Under EDR, you do not have to pay anything if your complaint is unsuccessful.
 Administrative law remedies
Administrative law is the law relating to Government decisions. If you are querying a Government
decision then you would usually begin by seeking an internal review of the decision or situation by
the original decision maker or a more senior decision maker within the organisation. You can also
help the decision maker come to the right decision by providing all of the required information.
As a next step, you may seek redress through an appropriate tribunal. Commonwealth tribunals
are independent bodies that review decisions on the merits-standing in the shoes of the original
decision maker.
 Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) processes are where an impartial person assists people
with a dispute to resolve the issues between them. It does not include where a judge makes a
decision about how a dispute is to be resolved.
ADR can also assist people to:
o prevent or manage their own disputes without outside help
o resolve their disputes earlier, and
o identify and narrow the issues in dispute.
o You can use ADR in a wide range of disputes, including:
o Neighbor hood disputes
o Family disputes
o Business disputes
o Civil and small claim matters
o Workplace disputes
o Your ADR options include (Expand All):
o Mediation
o Conciliation
o Conferencing
o Neutral Evaluation
 Family Dispute Resolution (FDR) services

3. FDR Services help separating parents resolve disputes over issues such as parenting
arrangements, finances and property.
The practitioners of FDR Services are independent and impartial, assisting the parties to identify
the issues in dispute, develop options and try to reach agreement. Their objective is to do so
while ensuring the safety of all family members and maintaining the best interests of the children
concerned.
 Courts
Courts have a role in resolving more complex and entrenched disputes.
Courts are independent of the executive arm of government and determine disputes by
conclusively declaring the state of law between the parties. The decisions of courts are
enforceable.
Conclusion:
Access to justice also includes activities Government can do better to overcome barriers to
justice, for example, clearer laws and better communication between agencies and applicants at
the primary decision making level.
The Australian Government adopted a Strategic Framework for Access to Justice in the Federal
Civil Justice System in September 2009. Application of the Strategic Framework will ensure that
new initiatives and reforms to the justice system best target available resources to improving
access to justice. The strategic framework comprises:
 Principles for access to justice policy-making (objectives of the Australian justice system),
and
 Methodology for translating the Principles into practice.