Rule of Law Survey 2025

The Rule of Law Education Centre’s first national opinion survey has identified a major challenge for the legal system’s key institutions.

A majority of respondents (55 per cent) rated the legal system – Australia’s framework of laws and justice processes – as either good or very good.

Figure 1: Rating Australia’s legal system overall, by Gender

But despite that positive assessment, the Rule of Law Survey has also identified widespread concern about the ability of the legal system to deliver on the goal of equal treatment under the law.

It found overwhelming support for the equal protection of rights (93 per cent) and that level of support is broadly reflected across the political spectrum of voters in all states, age groups and employment categories.

Those polled believe the most important goal of the legal system should be to ensure everyone has the same rights, freedoms and opportunities (79 per cent) rather than the same social and economic outcomes (16 per cent).

But fewer than half (47 per cent) believe the legal system is actually providing equal treatment for everyone regardless of background.

One of the clearest findings was a strong belief in every state and across the political spectrum that the legal system favours some groups over others.

These findings have implications for those in government who are largely responsible for the design of the nation’s legal system.

They suggest that the community’s overall positive view of the legal system is being eroded by concern that certain identity groups are receiving favoured treatment which is unavailable to the general community.

Figure 2: Opinion if Australia’s legal system favours some groups, by State

This might help explain why just 38 per cent nominated Australia when asked to choose which of eight countries has the best legal system that treats people equally regardless of background.

This still placed Australia at the top of that list ahead of surprisingly strong support for Switzerland (30 per cent), followed by New Zealand (10 per cent), Canada (7 per cent), the United States (6 per cent), Britain (5 per cent), China (2 per cent) and India (1 per cent).

The Rule of Law Survey was conducted in May for the Rule of Law Education Centre by research agency Insightfully. It is based on the views of a representative sample of 1000 people and has a margin of error on the total sample of plus or minus 3.1 per cent.

It is the first in a series of annual surveys that will focus on the principles that underpin the rule of law which forms the backbone of Australia’s system of government.

The first survey has found widespread recognition that one of the most important of those principles – equal treatment under the law – is being eroded.

But it has also found that policy towards illegal immigrants is one area in which there is significant but not quite majority support for preventing this group from exercising the same legal rights as Australians.

Other key findings are:

-Almost a quarter of those surveyed do not believe judges generally decide cases based only on the law and not their personal preferences.
-There are just two states, NSW and Western Australia, in which a majority of those polled believe the legal system treats individuals equally regardless of background.
-The community is deeply divided on whether victims of crime – including race-based hate crimes – are being treated fairly and adequately by the legal system.

Figure 3: Opinion regarding who should have same legal rights and protections as Australians citizens, by vote.

Those who would extend all legal rights and protections to this group amounted to 65 per cent of Australians, while this was opposed by just 17 per cent.

There was even stronger support (77 per cent) for permanent residents who are not yet citizens having all the legal rights and protections that are enjoyed by Australians. Just nine per cent were opposed.

There was little difference on this between Labor and Coalition supporters. It was agreed by 81 per cent of Labor voters and 79 per cent of Coalition supporters.

The survey identified just two states – NSW and Western Australia – where a majority of respondents believed the legal system treats individuals equally regardless of background. And those majorities are wafer thin, just 50 per cent and 51 per cent respectively.

Yet this was enough for NSW and Western Australia to lead the rankings when the states are judged by the proportion of respondents who believe the legal system treats individuals equally regardless of background.

After NSW and Western Australia, the state with the best performance on equal treatment by the legal system was Tasmania (49 per cent), followed by South Australia (48 per cent), Queensland (47 per cent) and, in last place, Victoria (40 per cent). However the figure from Tasmania should be treated with caution because of the relatively small sample size.

Victoria is the only state where those who believe the legal system is not delivering equal treatment (43 per cent) outnumber those who believe it is delivering equal treatment (40 per cent).

Nationally, concern about favoured treatment for certain groups is held by 64 per cent of all respondents.

The survey did not seek to identify which groups are receiving preferential treatment by the legal system and was concerned instead with determining whether those polled believed the principle of equal treatment was being infringed.

The perception that the legal system favours certain groups is most apparent in Tasmania (80 per cent of respondents – again based on the views of a relatively small cohort), followed by South Australia (71 per cent), Western Australia and Victoria (65 per cent) and NSW (62 per cent).

This view is also strongly held across the political spectrum.

Greens supporters (74 per cent) were the most convinced about what they viewed as favoured treatment for certain groups, closely followed by those who would vote for One Nation (73 per cent), independents (72 per cent), the Liberal National Coalition (64 per cent) and Labor (59 per cent).

The same belief that some groups receive favoured treatment by the legal system was apparent in all age groups, peaking at 69 per cent among those aged 18 to 24.

Nationally, just 15 per cent rejected the proposition that the legal system favours some groups over others.

On victims of crime, the survey identified significant unease within the community about the way the legal system treats these people.

In five categories of wrongdoing, opinion was broadly divided between those who endorsed the current treatment of victims of these crimes and those who considered it to be unfair and inadequate.

The areas of greatest concern were the way the legal system treats victims of race-based hate crimes, sexual assault and cybercrime.

Nationally, just 40 per cent believe victims of race-based hate crimes, sexual assault and domestic violence are being treated fairly and adequately by the legal system while the figure for victims of cybercrime was even lower – 35 per cent.

On race-based hate crime, Western Australia had the worst results closely followed by Victoria.

Just 33 per cent of those surveyed in WA – and 34 per cent in Victoria – believed victims of race-based hate crimes are being treated fairly and adequately. Tasmania’s result was only slightly better at 37 per cent – again based on a relatively small sample size.

South Australia had the best result on this measure (47 per cent), followed by Queensland and NSW where 42 per cent believe victims of race-based hate crimes are fairly and adequately protected by the legal system.

The best result nationally was on the treatment of victims of theft and robbery where 43 per cent believe the legal system gives these people adequate and fair protection.

When the states are compared on this issue, NSW led the rankings with 49 per cent of those polled stating that victims of robbery and theft in that state are adequately and fairly protected by the legal system.

South Australia was in second position on this measure (48 per cent), followed by Western Australia (45 per cent), Queensland (40 per cent), Victoria (35 per cent) and Tasmania (30 per cent based on a small sample).

Figure 4: Opinion on whether judges generally decide cases only on the law and not their personal preferences

Labor and Coalition voters have slightly greater confidence in the impartiality of the judiciary (61 per cent and 60 per cent respectively) but there is much less trust among those who vote for minor parties and independents.

The poll found more than a quarter of Greens supporters (26 per cent) do not believe judges decide cases based only on the law and not their personal preferences, while this view is shared by 34 per cent of independent voters and 45 per cent of those who support One Nation.

And while the courts alone are empowered to make conclusive rulings on legal rights, most of those surveyed said that when it comes to protecting their rights they have more trust in the Australian Human Rights Commission.

When asked to rank the institutions they trust most to protect their rights, 54 per cent nominated the Human Rights Commission, followed by the police (22 per cent), the courts (17 per cent) and parliament (7 per cent).