Index

References are to paragraph numbers. An “n” after a paragraph number indicates that the reference is to a footnote within that paragraph.

Index

A

Ability Rights Centre, [5.7]
abnormality of mind, [5.5.3]
Aboriginal and Torres Strait Islander Child Placement Principles
Aboriginal case management policy, [6.3.3]
“active efforts”, [6.3.3.2]
adoption, and, [2.3.6]
care criminalisation, and, [6.3.3.3]
Child care and protection, [6.3.3]
compliance with, [6.3.3]
criminal justice system, and, [6.3.3.3]
cross-over kids, and, [6.3.3.3]
identification of Aboriginal children, [6.3.3.4]
intergenerational trauma, and, [6.3.3]
purpose of, [6.3.3]
Aboriginal Client Service Specialists, [2.3.1], [2.3.3.4], [2.3.4]
Aboriginal Community Justice Group, [2.3.1]
Aboriginal Justice Advisory Council, [2.3.1], [2.4]
Aboriginal Languages Act 2017
cultural heritage, [2.2.4]
NSW Aboriginal Languages Trust, [2.2.4]
Aboriginal Legal Service (NSW/ACT) Ltd, [2.4]
Aboriginal Medical Service, [2.4]
Aboriginal people — see First Nations people
community organisations, local Aboriginal, [2.4]
Justice reinvestment, [2.2.7]
life expectancy, [11.1.1]
OCHRE plan, [2.2.7]
population of in NSW, statistics of, [1.2]
Aboriginal Witness Assistance Officers, [2.3.4], [2.4]
Access to Justice
older people, [11.4.1]
ACON, [5.7]
Acquired Brain Injury
barriers in court for people with, [5.6.3]
communicating with people with, [5.6.5.4], [5.6.5.7]
likely disabilities resulting from, [5.3.5]
ACSSs, [2.3.1]
Adjournments for children and young people, [6.4.1], [6.4.6]
for disabled people, [5.6.1], [5.6.6]
for prayer and for festivals, [4.4.6]
Adoption
Aboriginal and Torres Strait Islander Child Placement Principles, [2.3.6]
affirmations — see Oaths and affirmations
Africans, [3.3.6.2]
age of consent, [8.3.1]
Aged care
serious incident response scheme, [11.2.1]
agoraphobia, [5.3.6]
AIDS
AIDS Council of NSW, [5.7]
alcohol and drug abuse, [2.3.4], [5.6.5.8]
alems, [4.2.3.3]
alternative dispute resolution (ADR), [3.3.1.4]
Alzheimer’s Association of NSW — see Dementia Australia
Anglican Church Diocese of Sydney, [4.5]
Anglicans, [4.1]
Anglo-Celtic Australian
appearance, [3.3.5.2]
backgrounds, [3.3.5.2]
behaviour, [2.3.3.3]
culture, [2.3.3.2], [2.3.3.3]
definition, [2.2.3n]
anxiety
disorder, [5.3.6]
Arabic cultures, [3.3.6.2]
Armenian Apostolic Church, [4.1]
arthritis, [5.3.1]
Assemblies of God, [4.5]
assistance animals, [5.6.2.2]
Assyrian Church of the East, [4.1]
asthma, [5.3.1]
ATSI, [2.2.1], [2.3.3.2]
audiotaping, of interviews, [6.4.3]
AUSIT, [3.3.1.3]
Auslan interpreters, [5.7]
Australian Centre for Disability Law, [5.7]
Australian Federation of Islamic Councils
(Muslims Australia), [4.5]
Australian Institute of Interpreters and Translators Inc, [3.3.1.3]

B

Baha’i, [4.1], [4.2.6]
bail, for First Nations people, [2.1], [2.3.2]
Bangladeshis, [3.3.6.2]
Baptists, [4.1]
Behaviour in court
Explanatory Note on the Judicial Process and Participation of Muslims, [4.2.3.5]
“bent”, [8.2.2.9]
Bhagavadgita, [4.2.4.2]
bias
avoiding, [1.4]
Bible, [4.2.1.2]
bipolar disorder, [5.3.6]
bisexuals
age of consent, [8.3.1]
appearance and behaviour in court, [8.5.1]
common misconceptions about, [8.2.1]
directions on evidence of, [8.5.4]
discrimination against, [8.1]
diversity of, [8.1], [8.5.3]
education, [8.1]
lack of family support, [8.1]
as parents, [8.1], [8.2.1]
possible impact of sexuality in court, [8.4], [8.5.3]
self-censorship by, [8.1]
sentencing of, [8.5.5]
statistics regarding, [8.1]
suicide attempts by, [8.1]
terms and definitions, [8.2.2.8]
using appropriate terminology, [8.5.2]
Blind Citizens Australia, [5.7]
blindness, [5.3.3]
body language
effect of religious belief on, [4.4.3]
of Indigenous people, [2.3.3.3]
of migrants, [3.3.4]
of religious persons, [4.2.2.5]
brain injuries — see Acquired Brain Injury
breaks in proceedings
for children and young people, [6.4.6]
for disabled people, [5.6.1], [5.6.6]
for prayer and for festivals, [4.4.6]
Buddhism, [4.1], [4.2.2], [4.4.2], [4.5]
bowing, [4.2.2.5]
dress, [4.2.2.5]
eye contact, [4.2.2.5]
festivals, [4.2.2.4]
forms of worship, [4.2.2.4]
holy books and scriptures, [4.2.2.2]
main beliefs, [4.2.2.1]
religious leaders, [4.2.2.3]
status of women, [4.2.2.5]
views on touching, [4.2.2.5]
Buddhist Council of NSW, [4.5]
burqua, [4.2.3.5]

C

Capacity
cognitive impairment, [11.5.1]
competence, and, [11.5.1.1]
case management systems, [6.4.1]
castes, [3.3.6.2]
Catholic Archdiocese of Sydney, [4.5]
Catholics, [4.1], [4.2.1.3], [4.2.1.5]
CCTV, [5.6.1], [6.4.3.2], [6.4.3.4]
Centre for Rural and Remote Mental Health, [5.7]
Cerebral Palsy, [5.3.1]
Child care and protection
Aboriginal and Torres Strait Islander Child Placement Principles, [6.3.3]
child protection services
statistics, [6.3]
Out of home care, [6.3.2]
Childcare and Protection
grandparents and, [11.1.1]
children and young people — see Appendix
alternative ways of obtaining evidence from, [6.4.3]
barriers to participation, [6.1.2]
communicating with, [6.4.4]
compellability to give evidence, [6.2.3]
competence to give evidence, [6.2.1]
criminal responsibility of, [6.2.2]
cross-examination of, [6.4.5]
culturally and linguistically diverse, [3.1]
defined, [6.1.1]
ensuring regular breaks in proceedings, [6.4.6]
examples of difficulties in court experienced by, [6.1.3]
explain court proceedings, processes adequately, [6.4.4.1]
First Nations offenders, [2.1]
improper cross-examination of, [6.4.5.1]
lesbians and gay men as parents of, [8.1], [8.2.1]
level, style of language, [6.4.4.2]
managing the giving of evidence, [6.4.3.5]
minimising delays in proceedings, [6.4.1]
oaths and affirmations by, [6.4.2]
requirement to obtain views of, [6.2.4]
sentencing of, [6.4.8]
sworn evidence, giving, [6.2.1]
unsworn evidence, and, [6.2.1]
Victim Impact Statements, [6.2.4]
Children’s Court Clinic, [6.5]
Chinese, [3.3.6.2]
Chinese names, [3.3.2.1]
Christianity, [4.1], [4.2.1], [4.4.2]
dress, [4.2.1.5]
festivals, [4.2.1.4]
forms of worship, [4.2.1.4]
holy books and scriptures, [4.2.1.2]
main beliefs, [4.2.1.1]
religious leaders, [4.2.1.3]
status of women, [4.2.1.5]
views on touching, [4.2.1.5]
chuchotage, [3.3.1.3]
Churches of Christ, [4.1]
circle sentencing, [2.2.3], [2.3.8]
classes, in society, [3.3.6.2]
clinical depression, [5.3.6]
closed-circuit television, [5.6.1], [6.4.3.2], [6.4.3.4]
coercive control
common behaviours, [7.5.3]
definition, [7.5.3]
key factors, [7.5.3]
colour blindness, [5.3.3]
coming out, [8.2.2.4]
communication
with First Nations people, [2.2.3], [2.3.3.1]
with children and young people, [6.4.4]
with disabled people, [5.6.5]
with migrants, [3.2.2], [3.3.5]
non-verbal, [2.3.3.3], [3.3.4]
community legal centres, [10.6]
compellability, to give evidence, [6.2.3]
competence to give evidence, [6.2.1]
confessions, of First Nations people, [2.3.3.4]
Confucian values, [3.3.6.2]
consecutive interpreting, [3.3.1.3]
consent
impact of trauma, [12.4.5]
jury directions, [12.4.5]
Convention on the Rights of the Child, [6.2.4]
Coptic Orthodox Church, [4.1]
costs, of interpreters and translators, [3.3.1.4]
Council for Intellectual Disability, [5.7]
courtship customs, in ethnic cultures, [3.3.6.2]
Criminal Justice Support Network, [5.7]
criminal responsibility, [5.5.3], [6.2.2]
cross-dressing, [9.1.3]
cross-examination
of children, [6.4.5]
of psychiatrically disabled witnesses, [5.6.5.8]
by self-represented parties, [10.3.4.1], [10.3.4.2]
cultural advice, [3.4]
cultural differences, [3.2.1], [3.2.2]
impact in court, [3.2.3]

D

Deaf Connect, [5.7]
Deaf Education Network, [5.7]
deafblindness, [5.3.2]
deafness, [5.3.2]
Deaths in custody
Protocol for inquiries into deaths of First Nations people, [2.2.9]
declarations, [6.4.2]
delay, in proceedings, [6.4.1]
Dementia Australia, [5.7]
Department of Communities and Justice (NSW), [5.7]
depression, [5.3.6]
dialogue interpreting, [3.3.1.3]
diminished responsibility, [5.5.3]
direct discrimination, [1.1]
directions
on disabled people, [5.6.8]
on evidence of children, [6.4.7]
on evidence of lesbians and gay men, [8.5.4]
on First Nations people, [2.3.7]
on migrants, [3.3.7]
on religious belief, [4.4.7]
on self-represented parties, [10.3.4.4]
on transgender or intersex people, [9.6.5]
Director of Public Prosecution’s Aboriginal Witness and Assistance, [2.4]
disability
definition, [5.2]
statistics, [5.2]
Disability Council NSW, [5.7]
disabled people
adjustments, reasonable, [5.6.2.1]
assistance animals, [5.6.2.2]
barriers in court for, [5.6.3]
breaks in proceedings for, [5.6.1], [5.6.6]
capacity to give evidence, [5.5.1]
communicating with, [5.6.5]
considerations for judicial officers, [5.6.1]
criminal responsibility of, [5.5.3]
directions to the jury re stereotyping of, [5.6.8]
impact of disabilities on matters relevant to court, [5.6.7]
media, dealing with, [5.6.10]
Neurological disability, [5.3.9]
oaths and affirmations by, [5.6.4]
organisational contact details, [5.7]
reasonable adjustments, [5.6.2.1]
sentencing of, [5.6.9]
statistics relating to, [1.2]
using appropriate terminology, [5.6.5.2]
disabled person
Royal Commission, [5.1]
discrimination
against First Nations people, [2.2.3]
compounding effect of, [1.4]
employment
ageism, [11.1.1]
and equality before the law, [1.1]
against homosexuals and bisexuals, [8.1]
legislation relating to, [1.1]
perceived religious discrimination, [4.3]
disrespectful behaviour in court, [4.4.3]
District Court Legal Assistance Scheme, [10.6]
District Court of NSW, [10.6]
Diversity Services, [5.6.1], [5.7]
DOCS (FACS), [6.5]
doli incapax, [6.2.2]
domestic violence
in Aboriginal communities, [2.1]
in First Nations communities, [2.2.3], [2.3.4]
coercive control, [7.5.1], [7.5.3]
domestic abuse, [7.5.1]
domestic violence related homicides, [7.5.1]
gender equality, [7.5.2]
key statistics, [7.5.1]
National Domestic and Family Violence Bench Book, [7.5.1]
offences, [7.5.2]
in same sex relationships, [8.2.1n], [8.5.3]
violence
baiting, [7.5.4]
cyber abuse, [7.5.4]
cyberstalking, [7.5.4]
dog-piling, [7.5.4]
doxing, [7.5.4]
image-based abuse, [7.5.4]
impersonation, [7.5.4]
online abuse, [7.5.4]
revenge pron, [7.5.4]
sextortion, [7.5.4]
spamming, [7.5.4]
swatting, [7.5.4]
Down syndrome, [5.3.4]
dowries, [3.3.6.2]
dress, religious — see religious dress
drug abuse — see alcohol and drug abuse
drunkenness, as a mitigating factor, [2.3.9]
Dysmorphic Disorder, [5.3.6]

E

Eastern European Orthodox, [4.1]
education
of First Nations people, [2.1]
of lesbians, gay men and bisexuals, [8.1]
Elder abuse
Aboriginal communities, [11.2]
CALD, [11.2]
capacity
capacity guidelines, [11.2.3]
financial abuse, [11.2]
guardianship, [11.2.3]
in residential care, [11.2.1]
intergenerational factors, [11.2]
legislation, [11.2], [11.2.1]
LGBTQ, [11.2]
neglect, [11.2]
physhological/emotional abuse, [11.2]
physical abuse, [11.2]
reportable assaults, [11.2.1]
“reportable incident”, [11.2.1]
risk factors, [11.2]
Royal Commission, [11.2.1]
sexual abuse, [11.2]
social abuse, [11.2]
employment
of First Nations people, [2.1]
epilepsy, [5.3.1]
Equality Australia, [8.6]
equality before the law
adapting judicial conduct to ensure, [1.5]
concept of, [1.1]
ethnic groups — see migrants
ethnic identifiers, [3.3.5.2]
ethnicity — see migrants
evidence
admissibility of, [10.3.4.2]
of children and young people, [6.1.3], [6.2.1], [6.4.3], [6.4.5], [6.4.7]
of disabled persons, [5.5.1]
presented by self-represented parties, [10.3.4.1]
testing evidence of other parties, [10.3.4.2]
eye contact — see body language

F

face covering, [4.2.3.5]
face, saving of, [3.3.6.2]
family
absence of in court, [3.3.6.3]
of lesbians and gay men, [8.1]
role of in ethnic cultures, [3.3.6]
female genital mutilation
offences, [7.5.5]
female-to-male trans people, [9.1.2]
Fernando principles, [2.3.8], [2.3.9]
Filipino names, [3.3.2.2]
final submissions, by self-represented parties, [10.3.4.3]
fines
for children and young people, [6.4.8]
for disabled people, [5.6.9]
for First Nations people, [2.3.8]
for migrants, [3.3.8]
for transgender or intersex people, [9.6.6]
First Nations burial rights
intestate, [2.3.5]
First Nations estate distribution orders, [2.3.5]
First Nations people
appearance in court, [2.3.3.3]
attitude to material possessions, [2.2.3]
bail for, [2.1], [2.3.2]
circle sentencing, [2.2.3], [2.3.8]
communication styles, [2.2.3], [2.3.3.1], [2.3.3.4]
Community Development Employment Projects (CDEP) scheme, extension of, [2.1]
criminal justice system, over-representation in, [2.2.3]
cultural differences, [2.2.3], [2.2.5]
cultural identity, [2.2.3]
cultural losses, impact of, [2.2.3]
customary law, [2.2.3], [2.3.8]
death, taboos regarding, [2.2.3]
directions to jury, points to consider, [2.3.7]
domestic assault, statistics of, [2.1]
education, statistics of, [2.1]
employment, statistics of, [2.1]
English literacy skills, statistics of, [2.1]
family and kinship ties, [2.2.3]
female homicide victims, statistics of, [2.1]
Fernando sentencing guidelines, [2.3.9]
fines, [2.3.8]
first language, statistics of, [2.1]
forced relocation of, [2.2.3]
health, statistics of, [2.1]
hearing impairment, statistics of, [2.1]
housing, statistics, [2.1]
impact of cultural differences in court, [2.2.5], [2.3.4]
imprisonment, statistics of, [2.1]
improve accessibility to court for women, [2.2.5]
infant mortality, statistics of, [2.1]
judgment or decision writing, [2.3.8]
Justice reinvestment, [2.2.5]
juveniles in detention, statistics of, [2.1]
land, connection to, [2.2.3]
language culturally offensive to, [2.3.3.2]
language level and style, [2.3.3.4]
language, statistics of, [2.1]
names of, [2.3.3.2]
National framework, [2.2.5]
non-verbal communication, [2.3.3.3]
population of in NSW, statistics of, [2.1]
pre-trial diversionary options, [2.3.1]
prosecutions, statistics of, [2.1]
reconciliation, [2.2.3]
sentencing of offenders, [2.2.3], [2.3.8], [2.3.9]
sexual assault, statistics of, [2.1]
sign language, [2.3.3.3]
silence, value of, [2.3.3.3]
spiritual beliefs, [2.2.3]
statistics, regarding, [2.1]
status of women, [2.2.3]
stereotyping, [2.3.3.2]
touching, different views on, [2.3.3.3]
verbal communication with, [2.3.3.2], [2.3.3.4]
victim impact statements, [2.3.8]
as victims of violence, statistics of, [2.1]
Walama List, [2.2.5]
women, status of, [2.2.3]
Firsts Nations people
Bringing them home report, [2.2.2]
cultural groups, [2.2.1]
cultural identity, [2.2.1]
information, general, [2.2.1]
intergenerational trauma, [2.2.2]
names of, [2.2.1]
overview of NSW Firsts Nations people, statistics of, [2.2.1]
fitness to be tried, [5.5.3]
Foetal Alcohol Spectrum Disorders, [5.3.8]
barriers, [5.6.3]
condition, physical brain-based, [5.3.8]
language, level and style of, [5.6.5.4]
Foetal Alcohol Syndrome, [5.3.8]
Forward, [5.7]
Further information
community agencies, [12.6]
information and assistance, [12.6]

G

Gay & Lesbian Rights Lobby, [8.6]
gay men
age of consent, [8.3.1]
appearance and behaviour in court, [8.5.1]
coming out, [8.1]
common misconceptions about, [8.2.1]
directions on evidence of, [8.5.4]
discrimination against, [8.1]
diversity of, [8.1], [8.5.3]
education, [8.1]
lack of family support, [8.1]
as parents, [8.1], [8.2.1]
possible impact of sexuality in court, [8.4], [8.5.3]
self-censorship by, [8.1]
sentencing of, [8.5.5]
statistics regarding, [8.1]
suicide attempts by, [8.1]
terms and definitions, [8.2.2]
using appropriate terminology, [8.5.2]
The Gender Centre, [9.7]
gender disadvantage
domestic work, [7.2]
paid work, [7.2]
gender discrimination
working mothers, [7.2.1.3]
gender equality
and violence, [7.2]
gender identity
incidence of issues with, [1.2]
legal gender identity, [9.4]
sex affirmation procedure, [9.4]
trans people common misconceptions about, [9.2.2]
gender inequality
women, [7.1]
gender transition, [9.1.1]
Gooris, [2.2.1n]
gout, [5.3.1]
Greek Orthodox Christians, [4.1], [4.5]
Greeks, [3.3.6.2]
guide dogs, [5.6.1]
Guide Dogs NSW/ACT, [5.7]
gurus, [4.2.4.3]

H

Hasidic Jews, [4.2.5.5]
Health Equity Matters, [5.7]
health, of First Nations people, [2.1]
infant mortality rates, [2.1]
hearing impairments, [5.3.2], [5.6.5.5]
hearing loops, [5.6.1]
Hearing Matters Australia, [5.7]
heuristics — see unconscious bias
Hijab, [4.2.3.5]
Hindu Council of Australia, [4.5]
Hinduism, [4.1], [4.2.4], [4.4.2], [4.5]
dress, [4.2.4.5]
festivals, [4.2.4.4]
forms of worship, [4.2.4.4]
holy books and scriptures, [4.2.4.2]
main beliefs, [4.2.4.1]
religious leaders, [4.2.4.3]
status of women, [4.2.4.5]
views on touching, [4.2.4.5]
Hoarding Disorder, [5.3.6]
home detention, for First Nations offenders, [2.3.8]
homophobia, [8.2.2.6]
homosexual advance defence, [8.1], [8.5.3]
homosexual panic defence, [8.1], [8.5.3]
homosexuality — see bisexuals; gay men
lesbians defined, [8.2.2.1]
views of non-homosexuals on, [4.4.4], [4.4.5], [8.1]
honour, in ethnic cultures, [3.3.6.2]
housing, of First Nations people, [2.1]
CDEP programme, changes to, [2.1]
Human immunodeficiency virus (HIV)
closed court, suppression and non-publications orders, [5.6.7]
directions to jury, [5.6.8]
false assumptions, [5.6.8]
sentencing of, [5.6.9]

I

Icelandic names, [3.3.2.1]
Identification/de-identification of Aboriginal children
relevant caselaw, [6.3.3.4]
imams, [4.2.3.3]
imprisonment
of First Nations people, [2.1]
of migrants, [3.1]
of transgender or intersex people, [9.6.6]
“in the closet”, [8.2.2.4]
income
of lesbians and gay men, [8.1]
statistics relating to, [1.2]
Indian names, [3.3.2.1]
Indians — see Hinduism; Islam; Sikhism
courtship and marriage customs, [3.3.6.2]
hierarchical culture, [3.3.4.2], [3.3.6.2]
matriarchy in Kerala, [3.3.6.2]
religious affiliations, [4.1]
role of family, [3.3.6.2]
tolerance for specific social issues, [3.3.6.2]
Indigenous estate distribution orders, [2.3.5]
Indigenous intestacy, [2.3.5]
Indigenous people — see Firsts Nations people
indirect discrimination, [1.1]
infra-red assistive hearing devices, [5.6.1]
Inner City Legal Centre, [8.6], [9.7]
intellectual disability, [5.3.1], [5.3.4], [5.5.1], [5.6.4], [5.6.5.2], [5.6.5.4], [5.6.5.6]
cognitive impairment, [5.3.4]
Intellectual Disability Rights Service Inc, [5.7]
intellectually disabled people
barriers in court for, [5.6.3]
communicating with, [5.6.5], [5.6.5.6]
criminal responsibility of, [5.5.3]
difficulties experienced by, [5.3.4], [5.3.5]
unsworn evidence of, [5.6.4]
using appropriate terminology with, [5.6.5.2]
intention, [5.5.3]
interpreters and translators
accreditation of, [3.3.1.3]
advice or opinion, no provision of, [3.3.6.3]
alternative dispute resolution (ADR), [3.3.1.4]
appropriate explanations, [3.3.5.1]
AUSIT, [3.3.1.1]
Auslan interpreters, [5.7]
consecutive interpreting, [3.3.1.3]
dialogue interpreting, [3.3.1.3]
emerging community language, [3.3.1.3]
JCDI
Recommended national standards for working with interpreters in courts and tribunals, [3.3.1.1]
National Accreditation Authority for Translators and Interpreters (NAATI), [3.3.1.3]
paraprofessionals, [3.3.1.3]
provision of before proceedings start, [3.3.1.7]
right to an interpreter, [3.3.1.1]
sight translation, [3.3.1.3]
sign language interpreting, [3.3.1.3]
simultaneous interpreting, [3.3.1.3]
suppliers of, [3.3.1.4]
techniques of interpreting, [3.3.1.3]
Translating and Interpreting Service (TIS National), [3.3.1.4], [3.4]
type of interpreter or translator to use, [3.3.1.3]
use of to ensure a fair trial, [3.3.1.1]
when to use, [3.3.1.1]
who pays for, [3.3.1.5]
working with interpreters, [3.3.1.7]
intersectional discrimination
definition, [7.4]
instances, [7.4]
intersex
common misconceptions about, [9.2.2]
directions to the jury on, [9.6.5]
legal gender identity, [9.4]
marriage rights, [9.4]
modes of address and gender, [9.6.1]
possible impact of gender identity in court, [9.5], [9.6.4]
terminology, [9.1], [9.6.3]
using appropriate language with, [9.6.3]
intersex pople
sentencing of, [9.6.6]
intoxication, [5.5.3]
Islam
community organisations, [4.5]
diversity of, [4.1]
dress, [4.2.3.5]
face covering, [4.2.3.5]
forms of worship and festivals, [4.2.3.4]
holy books and scriptures, [4.2.3.2]
main beliefs, [4.2.3.1]
oaths and affirmations by Muslims, [4.4.2]
prayer breaks in court for Muslims, [4.4.6]
religious leaders, [4.2.3.3]
statistics, [4.2.3]
status of women, [4.2.3.5]
stereotypes of, [4.4.7]
Sunnis and Shi’ites, [4.2.3]
views on touching, [4.2.3.5]
Islamic Council of NSW, [4.5]

J

Jehovah’s Witnesses, [4.1], [4.5]
Jewish names, [3.3.2.1]
Judaism, [4.2.5], [4.5]
dress, [4.2.5.5]
festivals, [4.2.5.4]
forms of worship, [4.2.5.4]
holy books and scriptures, [4.2.5.2]
main beliefs, [4.2.5.1]
religious leaders, [4.2.5.3]
status of women, [4.2.5.5]
views on touching, [4.2.5.5]
judgments
fair and non-discriminatory judgments, [4.4.8]
involving children and young people, [6.4.8]
involving First Nations people, [2.3.8]
involving lesbians, gay men and bisexuals, [8.5.5]
involving migrants, [3.3.8]
involving self-represented parties, [10.4]
involving transgender or intersex people, [9.6.6]
Judicial Commission of NSW, [10.6]
Judicial Council on Cultural Diversity, [3.4]
intersectional discrimination, [7.4]
judicial officers, conduct of, [1.1], [1.5]
jury directions — see directions
Justice Advocacy Service, [5.7]
Justice Health and Forensic Mental Health Network, [5.7]
justice, perception of, [1.3]
Juvenile Justice NSW, [6.5]

K

kinship networks, [3.3.6.2]
Kirby Institute, [5.7]
Kooris, [2.2.1], [2.3.3.2]
kosher food, [4.2.5.1]

L

language
of First Nations people, [2.1]
avoiding culturally offensive language, [2.3.3.2], [3.3.5.2]
avoiding religiously offensive language, [4.4.4]
communicating with children, [6.4.4]
of migrants, [3.1]
taking language difficulties into account, [3.3.5.3]
using non-legal language with self-represented parties, [10.3.1]
Latter Day Saints, [4.1]
Law Society of NSW Pro Bono Scheme, [10.6]
LawAccess NSW, [10.6]
Laws of Manu, [4.2.4.2]
Legal Aid Commission of NSW, [10.6]
lesbians
age of consent, [8.3.1]
appearance and behaviour in court, [8.5.1]
coming out, [8.1]
common misconceptions about, [8.2.1]
directions on evidence of, [8.5.4]
discrimination against, [8.1]
diversity of, [8.1], [8.5.3]
education, [8.1]
lack of family support, [8.1]
as parents, [8.1], [8.2.1]
possible impact of sexuality in court, [8.4], [8.5.3]
self-censorship by, [8.1]
sentencing of, [8.5.5]
statistics regarding, [8.1]
suicide attempts by, [8.1]
terms and definitions, [8.2.2]
using appropriate terminology, [8.5.2]
lesbophobia, [8.2.2.6]
literacy skills, [1.2]
live links, to give evidence, [6.4.3.2]
Local Court Aboriginal Client Services Specialist, [2.4]
Lutherans, [4.1], [4.5]

M

Magistrates Early Referral Into Treatment (MERIT), [2.3.1]
Mahabharata, [4.2.4.2]
male-to-female trans people, [9.1.2]
manic depressive illness, [5.3.6]
marriage customs, in ethnic cultures, [3.3.6.2], [4.4.4], [4.4.5]
matajis, [4.2.4.3]
matriarchy, [3.3.6.2]
“McKenzie friend”, [10.3.1]
mediation, [10.3.1]
Mental Health Advocacy Service, [5.7]
Mental Health Commission of New South Wales, [5.7]
Mental Health Coordinating Council, [5.7]
Mental Health Information for Rural and Remote Australia, [5.7]
Mental Health Liaison Officers, [5.6.1], [5.6.5.8], [5.7]
mental illness, [5.5.3] — see also psychiatrically disabled people
MERIT, [2.3.1], [2.3.8]
migrants — see interpreters and translators
appearance in court, [3.3.4]
birthplaces, statistics, [3.1]
body language in court, [3.3.4]
communication styles, [3.2.2]
courtship and marriage customs, [3.3.6.2]
crime and stigma, [3.1]
crime statistics, [3.1]
cultural differences, [3.2.1], [3.2.2], [3.3.6.3]
culturally offensive language, avoidance of, [3.3.5.2]
demographic statistics, [3.1]
directions to jury re stereotyping of, [3.3.7]
examples of customs and values, [3.3.6.2]
explaining court procedures to, [3.3.5.4]
grandparents, [3.3.6.2]
impact of customs on attitudes, [3.3.6]
imprisonment of, [3.1]
inter-generational conflict, [3.3.6.1]
marriage, arranged, [3.3.6.2]
mixed race families, [3.3.6.1]
modes of address, [3.3.2.1], [3.3.2.2]
non-attendance of family in court, [3.3.6.3]
oaths and affirmations by, [3.3.3]
over-represented groups in detention, [3.1]
population, statistics of, [3.1]
prejudiced perceptions of, [3.1]
religious affiliations, [3.1]
role of women, [3.3.6.2]
sentencing of, [3.3.8]
socio-economic status, [3.1]
stereotyping, avoidance of, [3.3.5.2]
taking cultural differences into account, [3.3.6.3]
taking language difficulties into account, [3.3.5.3]
tolerance of for specific social issues, [3.3.6.2]
unemployment among, [3.1]
verbal communication with, [3.3.5]
ministers, [4.2.1.3]
missions, [2.2.3]
mixed race families, [3.3.6.1]
modes of address, [9.6.1]
choosing, [3.3.2.2]
different naming systems, [3.3.2.1]
for religious leaders, [4.4.1]
monks, [4.2.2.3], [4.2.2.5]
MS Australia, [5.7]
Muhammadanism — see Islam
Multicultural Disability Advocacy Association of NSW, [5.7]
Multicultural NSW, [3.3.1.1], [3.3.1.4], [3.3.1.5], [3.4], [5.7]
multiple personality disorder, [5.3.6]
Murdis, [2.2.1n]
Murris, [2.2.1], [2.3.3.2]
Muslim names, [3.3.2.1]
Muslims — see Islam

N

NAATI, [3.3.1.3]
naming systems, [3.3.2.1], [3.3.2.2]
National Accreditation Authority for Translators and Interpreters (NAATI), [3.3.1.3]
National Children’s and Youth Law Centre, [6.5]
National Organisation for Fetal Alcohol Spectrum Disorders Australia, [5.3.8]
NDIS, [5.3.4]
non-binary people, [9.1.1]
non-English speaking persons — see interpreters and translators; migrants
non-verbal communication, [2.3.3.3], [3.3.4]
Northcott, Disability Services, [5.7]
NSW Aboriginal Land Council, [2.4]
NSW Ageing and Disability Commission, [5.7]
NSW Association for Mental Health, [5.7]
NSW Bar Association Legal Assistance Referral Scheme, [10.6]
NSW Commission for Children and Young People, [6.5]
NSW Council for Intellectual Disability, [5.7]
NSW Department of Community Services (FACS), [6.5]
NSW Department of Justice, [5.7]
NSW Disability Discrimination Legal Centre, [5.7]
NSW Ecumenical Council, [4.5]
NSW Health, [5.7]
NSW Jewish Board of Deputies, [4.5]
NSW Native Title Services Ltd, [2.4]
NSW population diversity of, [1.2]
nuns, [4.2.2.3], [4.2.2.5]

O

Oaths and affirmations
by children and young people, [6.4.2]
by disabled people, [5.6.4]
influence of religion on, [4.4.2]
by migrants, [3.3.3]
obsessive compulsive disorder, [5.3.6]
Older people
access to justice, [11.4.1]
accommodation, [11.1.1]
Ageing and disability commissioner, [11.4.1]
capacity — see Capacity
communication guidance, [11.5.3]
community agencies, [11.6]
court proceedings
barriers, [11.5.4], [11.5.7]
crimes against, [11.3.1]
criminal behaviour
brain disease, [11.3.4]
custodial statistics, [11.3.4]
definition of older, Introduction
demographic trends, Introduction
digital confidence, [11.1.1]
disadvantage, [11.1.1]
education, [11.1.1]
elder abuse, [11.2]
employment, [11.1.1]
Evidence Act, [11.3.3]
gender diversity and,, [11.1.1]
general barriers, [11.4.1]
giving evidence, [11.5.1.1]
grandparents, [11.1.1]
health, [11.1.1]
income, [11.1.1]
information and assistance, [11.6]
Law Council
National strategic plan, [11.4.3]
neglect, [11.3.1]
NSW Guardian ad Litem, [11.5.1.2]
offences, [11.3.1]
offending rates, [11.3.4]
population, statistics, [11.1.1]
reasons for under reporting, [11.3.2]
regional, rural and remote
statistics, [11.1.1]
rural, regional and remote
access to justice, [11.4.3]
scammers, [11.3.2]
social isolation, [11.4.3]
specific barriers, [11.4.1]
statistics regarding, [11.1.1]
technology, [11.4.2]
types of offences, [11.3.4]
victims of crime, [11.3.2]
volunteering, [11.1.1]
vulnerable persons, [11.3.3]
witnesses, [11.3.3]
OOHC
juvenile detention, and, [12.3.4]
Organisation Intersex International Australia, [9.7]
Oriental Christians, [4.1]
Orthodox Christians, [4.1]
osteoarthritis, [5.3.1]
Out of hone care
Child care and protection, [6.3.2]
“out of the closet”, [8.2.2.4]
outing, of homosexuals, [8.2.2.4]
overseas born NSW residents — see interpreters and translators; migrants
statistics of, [3.1]

P

paganism, [4.1]
panic attacks, [5.3.6]
paraplegia, [5.3.1]
Paraplegic and Quadraplegic Assoc of NSW, [5.7]
patriarchy, [3.3.6.2]
Pentecostals, [4.1], [4.5]
People with Disabilities Australia, [5.7]
periodic detention, for Indigenous offenders, [2.3.8]
Physical Disability Council of NSW, [5.7]
physically disabled people
barriers in court for, [5.6.3]
communicating with, [5.6.5], [5.6.5.5]
pre-court preparation for, [5.6.1]
population
of First Nations people, [2.1]
diversity of in New South Wales, [1.2], [3.1]
of homosexuals, [8.1]
of migrants, [3.1]
pravarajikas, [4.2.4.3]
Presbyterian Church, [4.5]
Presbyterians, [4.1]
priests, [4.2.1.3]
Pro Bono
court assistance, [10.6]
schemes, [10.3.1], [10.6]
solicitor, [10.6]
pronouns, [1.3]
prosecution, of First Nations people, [2.1]
psychiatrically disabled people
barriers in court for, [5.6.3]
characteristics, [5.3.6]
common disorders, [5.3.6]
communicating with, [5.6.5], [5.6.5.8]
criminal responsibility of, [5.5.3]
cross-examination of, [5.6.5.8]
dealing with the media, [5.6.10]

Q

quadriplegia, [5.3.1]
queer, as a term, [8.2.2.7]
Qur’an, [4.2.3.2], [4.2.3.4], [4.4.2]

R

racism, [2.2.3], [3.2.2]
Ramayana, [4.2.4.2]
reconciliation, [2.2.3]
religions — see Buddhism; religious dress
addressing religious leaders, [4.4.1]
avoiding religiously offensive language, [4.4.4]
diversity of, [4.1]
impact of religious values in court, [4.3], [4.4.3], [4.4.4], [4.4.5]
of migrants, [3.1]
statistics relating to, [1.2], [4.1]
taking breaks for prayer and festivals, [4.4.6]
religious dress
Buddhist, [4.2.2.5]
Christian, [4.2.1.5]
in court, [4.4.3]
Hindu, [4.2.4.5]
Jewish, [4.2.5.5]
Muslim, [4.2.3.5]
religious festivals, [4.2.1.4]
rheumatoid arthritis, [5.3.1]
Royal Blind Society of NSW, [5.7]
Royal Commission
aged care, [11.2.1]
Violence, abuse, neglect and exploitation, into, [5.1]
Royal Commission into Aboriginal Deaths, [2.3.8]
Russian names, [3.3.2.1]

S

Salvation Army, [4.1], [4.5]
same sex relationships, [8.2.2.5], [8.3.2], [8.5.3]
parenting, [8.3.2]
sanyasinis, [4.2.4.3]
schizo-affective disorder, [5.3.6]
Schizophrenia Spectrum Disorders, [5.3.6]
Self Advocacy Sydney Inc, [5.7]
self represented parties
role of judge, [10.3.3]
self-represented parties
court-based information and assistance, [10.6]
cross-examination by, [10.3.4.1], [10.3.4.2]
difficulties faced by, [10.1]
District Court pro-bono assistance, [10.6]
evidence presented by, [10.3.4.1]
explaining court procedures to, [10.3.2], [10.3.4]
final submissions by, [10.3.4.3]
impact of on the court, [10.2]
pre-court preparation, [10.3.1]
reasons for, [10.1]
right to, [10.1]
sentencing of, [10.4]
in sexual offences, [10.3.4.2], [10.3.4.4]
sovereign citizens, [10.1]
statistics, [10.1]
Supreme Court pro-bono assistance, [10.6]
sentencing
of First Nations offenders, [2.2.3], [2.3.8]
of children and young people, [6.4.8]
consideration of religious beliefs, [4.4.8]
of disabled people, [5.6.9]
of HIV-infected people, [5.6.9]
of lesbians, gay men and bisexuals, [8.5.5]
of migrants, [3.3.8]
of First Nations offenders, [2.3.9]
of self-represented parties, [10.4]
of transgender or intersex people, [9.6.6]
Seventh Day Adventists, [4.1], [4.5]
sexual assault
consent law reforms, [7.5.6]
prevalence, [7.5.6]
sexual assault communications privilege, [7.5.6]
sexual harassment
judiciary, [7.3.1]
statistics, [7.3]
women, [7.1]
sexual offences
closure of court during complainant’s evidence, [6.4.3.4]
cross-examination of complainants, [10.3.4.2], [10.3.4.4]
self-represented parties in cases of, [10.3.4.2], [10.3.4.4]
sexuality — see gender identity; homosexuality
distinguished from gender identity, [9.2.2]
statistics relating to, [1.2]
shame, in ethnic cultures, [3.3.6.2]
Shari’ah law, [4.2.3.2]
Shi’ite Muslims, [4.2.3]
sign language interpreting, [3.3.1.3]
sign language, of First Nations people, [2.3.3.3]
Sikhism, [4.1], [4.2.4], [4.2.6]
silence
by First Nations people, [2.3.3.3]
by migrants, [3.3.4.2]
simultaneous interpreting, [3.3.1.3]
single parent families, [1.2], [1.4]
social anxiety, [5.3.6]
solution-focussed courts
, [12.4.8]
therapeutic jurisprudence, and, [12.4.8]
South East Asian cultures, [3.3.6.2]
South Pacific Islanders, [3.3.6.2]
sovereign citizen
beliefs, [10.5]
pseudolaw, and, [10.5]
responding to, [10.5]
speech impairments, [5.6.5.5]
Spinal Cord Injuries Australia, [5.7]
Sri Lankan Tamils, [3.3.6.2]
standard of proof, [10.3.1], [10.3.4.1]
State Library of New South Wales, Legal Information Access Centre, [10.6]
Statewide Community Court Liaison Service, [5.7]
stereotyping
avoiding, [1.4]
of disabled people, [5.6.8]
of First Nations people, [2.3.7]
in language, [2.3.3.2]
of lesbians and gay men, [8.2.1], [8.5.3], [8.5.5]
of migrants, [3.3.6.1], [3.3.7]
of religious beliefs, [4.4.7]
of transgender or intersex people, [9.6.5]
“Stolen” generation, [2.2.2]
“straight”, [8.2.2.9]
stroke, [5.3.5]
sub-cultures, within ethnic cultures, [3.3.6.1]
substantive equality, principle of, [1.5]
Succession Act 2006 (NSW) Pt 4.4
s 101, [2.3.5]
s 134, [2.3.5]
Sufism, [4.2.3]
suicide, by lesbians and gay men, [8.1]
Sunna, [4.2.3.2]
Sunni Muslims, [4.2.3]
support persons, in court, [5.6.1]
Supreme Court Legal Assistance Scheme, [10.6]
Supreme Court of NSW, [10.6]
swamis, [4.2.4.3]
Sydney, cultural diversity of, [3.1]
Synapse
Brain Injury Association of NSW, [5.7]

T

Tamils, [3.3.6.2]
telephone typewriters, [5.6.1]
terminology
“sex” and “gender”, [7.1]
The Gender Centre, [9.1.1]
Torah, [4.2.5], [4.2.5.1], [4.2.5.2]
Torres Strait Islanders, [2.2.1]
touching
Buddhist attitude to, [4.2.2.5]
Christian attitude to, [4.2.1.5]
effect of religious belief on attitude to, [4.4.3]
Hindu attitude to, [4.2.4.5]
Islamic attitude to, [4.2.3.5]
Jewish attitude to, [4.2.5.5]
Tranby Aboriginal College, [2.4]
trangender people, [9.1.1]
trans people
appearance and behaviour in court, [9.6.2]
common misconceptions about, [9.2.2]
legal gender identity, [9.4]
marriage rights, [9.4]
modes of address and gender, [9.6.1]
possible impact of gender identity in court, [9.5], [9.6.4]
terminology, [9.1]
Transcultural Mental Health Centre, [5.7]
transgender people
directions to the jury on, [9.6.5]
sentencing of, [9.6.6]
terminology, [9.6.3]
using appropriate language with, [9.6.3]
transgenerational trauma — see
First Nations People, [12.3.3]
Translating and Interpreting Service (TIS), [3.4]
translators — see interpreters and translators
transsexuals, [9.1.1], [9.1.2]
transvestism, [9.1.3]
trauma
Bugmy Bar Book, [12.4.6]
causes, [12.2]
child sexual abuse, [12.3.2]
children, [12.2.1]
complex, [12.2]
definition, [12.2]
disadvantage, deprivation, and, [12.4.6]
effect of DV exposure, [12.3.1]
behaviour, [12.3.1]
homelessness, [12.3.1]
impaired learning, [12.3.1]
wellbeing, [12.3.1]
epigenetics, and, [12.2.1]
freeze response, [12.2.1]
HPA axis, and, [12.2.1]
intergenerational/transgenerational, [12.2]
intersectionality, [12.3]
LGBTQI people, [12.3.8]
lived trauma
social and emotional deprivations, [12.3.5]
memory and recall, impact on, [12.4.2]
neurophysiology, and, [12.2.1]
OOHC, [12.3.4]
PTSD, [12.2]
refugees
suicide, and, [12.3.5]
re-traumatisation, [12.4.1]
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability, [12.3.7]
sexual assault, [12.3.2]
sexual harassment, [12.3.6]
single incident, [12.2]
special witness provisions, [12.4.3]
stolen generations, [12.3.3]
transgenerational, [12.3.3]
trust issues, [12.4.3]
vicarious trauma, [12.4.2]
trauma-informed
principles, [12.4.2]
solution-focussed courts, [12.4.1]
therapeutic jurisprudence, [12.4.1]
trauma-informed practice
complex trauma, [12.1]
criminal law, [12.1]
history, [12.1]
intergenerational trauma, and, [12.1]
therapeutic jurisprudence, and, [12.1]
Tripitaka, [4.2.2.2]

U

ulamas, [4.2.3.3]
unconscious bias
and gender discrimination, [7.2.1.3]
characteristics, [1.4.1]
definition, [1.4.1]
demeanour and appearance, [1.4.1]
unemployment
among migrants, [3.1]
unemployed crime victims, [1.4]
United Nations, conventions relating to human rights, [1.1], [6.2.4]
Uniting Church, [4.1]
Uniting Church of Australia — NSW Synod, [4.5]
unrepresented litigant — see self-represented parties

V

Vedas, [4.2.4], [4.2.4.2]
verbal abuse, of homosexuals, [8.1]
vexatious litigants, [10.3.1], [10.3.4.1]
vicarious trauma, [12.4.2]
victim impact statements, [9.6.1]
in cases involving First Nations people, [2.3.8]
in cases involving children, [6.4.8]
in cases involving disabled people, [5.6.9]
in cases involving homosexuals, [8.5.5]
in cases involving migrants, [3.3.8]
in cases involving intersex or transgender, [9.6.6]
in matters related to religion, [4.4.8]
victims of crime, statistics relating to, [1.4]
Victims’ Services Aboriginal Contact Line, [2.4]
videotaping, of interviews, [6.4.3]
Vietnamese
concept of honour, [3.3.6.2]
kinship networks, [3.3.6.2]
non-verbal communication, [3.3.4.1]
religious affiliations, [4.1]
role of family, [3.3.6.2]
Vietnamese names, [3.3.2.1], [3.3.2.2]
violence
2008 Wood Report, [2.1]
First Nations people as victims of, [2.1]
homosexuals and bisexuals as victims of, [8.1]
Vision Australia, [5.7]
visual impairments, [5.3.3], [5.6.5.5]
vulnerable witnesses
directions and warnings, [12.4.4]

W

WayAhead Mental Health Association of NSW, [5.7]
witnesses — see Appendix
cross-examination of, [5.6.5.8], [10.3.4.1], [10.3.4.2]
disallowing improper questions to, [2.3.3.4]
women
apprehended domestic violence orders, [7.7]
carer responsibilities, [7.2.1.4]
coercive control, [7.5.1]
criminal penalties, [7.6.2.2]
definition, [7.3]
domestic abuse, [7.5.1]
domestic violence, [7.5.1]
domestic work
COVID-19, [7.2.1.4]
economic disadvantage, [7.2]
education
and employment, [7.2.1]
family violence, [7.5.1]
females in custody, [7.6.1]
gender pay gap
superannuation, [7.2.1.1]
wages, [7.2.1.1]
gender-based violence, [7.5.1]
“glass ceiling”, [7.2.1.3]
“glass escalator”, [7.2.1.3]
impact of imprisonment, [7.6.2.1]
imprisonment of, [2.1]
income statistics, [1.2]
intimate partner violence, [7.5.1]
organisations
crisis support and legal advice, [7.8]
parental leave, [7.2.1.4]
part-time employment
impact of COVID-19, [7.2.1]
population, [7.1.1]
poverty and homelessness, [7.2.1.2]
risk of poverty, [7.2]
role in ethnic cultures, [3.3.6.2]
Rural, regional and remote
domestic violence, [7.2.1.5]
housing, [7.2.1.5]
sexism and discrimination, [7.2.1.5]
workplace participation rates, [7.2.1.5]
safe participation in court proceedings, [7.7]
statistics, [7.6.1]
status of First Nations women, [2.2.3]
status of in Buddhism, [4.2.2.5]
status of in Christianity, [4.2.1.5]
status of in Hinduism, [4.2.4.5]
status of in Islam, [4.2.3.5]
status of in Judaism, [4.2.5.5]
superannuation, [7.2]
the mental load, [7.2.1.4]
as victims of crime, [1.4], [2.1]
violence
trolling, [7.5.4]
Worship, forms of, [4.2.1.4]

Y

young people — see children and young people
Your Story Disability Legal Support, [5.7]
Youth Justice Conferencing, [6.4.8n]
Youth Koori Court, [2.3.1], [6.4.8]