Remote hearings - practice and learning from Australia and New Zealand: research findings

Open Justice

There were also mixed views on whether remote hearings promote open justice. Open Justice is an issue addressed by commentators in Australia, some suggesting remote hearings increase the openness of the system while others suggesting it impacts negatively on openness.

An article from commentators in Australia discussed the principle of open justice as the key to justice not just being done but being seen to be done. And they suggested that

"online hearing technology introduced in the wake of COVID-19 to facilitate remote access to justice has – for the most part – safeguarded the public interest in open justice"

The commentators gave a number of reasons for this. Two examples are that the use of technology makes it easier for both journalists and the public to access to court proceedings. And further they argued that, but for, technology the justice system in Australia would have "ground to a halt"^[8].

An article, that lands on the other side of this issue, is published on the Australian Public Law website. It suggests COVID-19 has endangered open justice in Australia, as the quick move to remote hearings actually put in place barriers and challenges for the public and for journalists^[9]. These commentators do not think that remote hearings necessarily do restrict openness rather that solutions were not in place at the time of writing. In conclusion they say if Australia's judiciary adopted widespread open-access live streaming, its proceedings would suddenly become far more accessible.