Access to Justice
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This resource outlines the core elements of access to justice in Australia, explaining why a fair, impartial, and adequately resourced legal system is essential to the rule of law. It highlights barriers such as legal complexity, limited Legal Aid funding, and the rise of self‑represented litigants, while pointing to mechanisms like pro bono work and government policy initiatives that help maintain fairness in the justice system.
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This explainer outlines the three interconnected principles of justice—access, equality and fairness—and shows how they ensure people are treated with respect under the law. It explains that justice requires clear and predictable laws, equal treatment in legal processes, and genuine opportunities for individuals to understand and exercise their rights. The factsheet highlights how these principles uphold the rule of law by promoting transparency, accountability and a fair legal system for all Australians.
What is Access to Justice?
Overview
It is a core principle of the rule of law that justice must be accessible to all.
Provision of justice through a functioning, adequately resourced legal system is a core responsibility of the government. Budget crises require budgetary responses, not inroads into the rule of law and access to justice. The sheer volume of legislation passed by parliament and the complexity of some laws can make it extremely difficult to know what the law is, and compounds the complexity of cases that come before the courts.
This trend ultimately reduces certainty and confidence in the legal system which erodes the rule of law.
Elements of Access to Justice
People require access to the courts and legal processes
The court system is an adversarial system, requiring both parties to present evidence and argue their case in court.People who make legal decisions must be free from bias and make decisions based on the law
Decision-makers in courts and tribunals must make decisions according to the law and be impartial. They must also ensure that each party receives a fair trial or hearing.Legal Aid is important in a complex and adversarial legal system
Legal Aid is an essential service that provides legal representation for those who cannot afford a lawyer. Its funding is limited and it cannot assist all people who have a legal issue.Pro bono work from lawyers where Legal Aid is not available
Many lawyers and law firms provide their time for free to assist people who cannot afford legal representation. This is called ‘pro bono’.The Legal System must make reasonable allowances for self-represented litigants
Due to the high cost of legal representation, many people have started representing themselves in court. These people are called self-represented litigants (SRLs).
The Magna Carta and Access to Justice
The Magna Carta is an important document in legal history that set out many of the principles on which we base the rule of law. It was granted in 1215, over 800 years ago, but the ideas about access to the courts, due process and that judges should know the law and follow it remain as important now as they did then.
Clause 17 – Access to Courts
“Common pleas shall not follow our court, but shall be held in some fixed place.”
Clause 40 – Due Process
“To no one will we sell, to no one will we refuse or delay, right or justice.”
Clause 45 – A Qualified and Independent Judiciary
“We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well.”
Related Resources
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This poster forms part of the Informed Playing Card Project, showing how fairness, equality and access to justice help ensure everyone can have their rights protected.
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This activity helps students apply the three principles of justice—access, equality and fairness—to real‑world scenarios. Students identify which principle is involved, analyse how it is upheld or limited, and discuss why each principle is essential for a fair legal system. The task builds understanding of how justice operates in practice and how these principles support the rule of law in Australia.
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This case note explains the High Court’s landmark decision in Dietrich v The Queen, which established that an accused facing a serious criminal charge should not be tried without legal representation unless exceptional circumstances exist. It highlights the case’s significance for the right to a fair trial, access to justice, and judicial discretion in staying proceedings to ensure fairness.
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