Justice

Everyone has a right to a safe, peaceful and ecologically sustainable existence, free from crime and fear of violence, including that exercised by the state.

Principles

The Australian Greens believe that:

1. Everyone has a right to a safe, peaceful and ecologically sustainable existence, free from crime and fear of violence, including that exercised by the state.
2. The rule of law, the protection of human rights and timely access to justice for all people are fundamental to a democratic society.
3. The separation of powers between the executive, the parliament and the judiciary is crucial to the maintenance of freedom, justice and democracy.
4. Equality before the law can only be achieved when there is recognition of the way in which cultural, social and economic structures and practices influence decision-making processes and affect people's choices and opportunities.
5. Laws must address the cultural and social needs of First Nations people and must respect cultural practices.
6. The fundamental principles of the right to a fair hearing (such as access to open, impartial and independent courts and, in the case of criminal proceedings, habeas corpus; the right to silence; the right to be presumed innocent until proven guilty according to law; and the right to competent representation and the right to trial by jury) must be preserved and upheld.
7. Our justice system must value and respect the role played by whistle-blowers in uncovering corruption and corporate malfeasance.
8. Access to justice requires policies and resources that overcome social, economic and cultural inequalities to ensure equality before the law.
9. Commonwealth, state and territory laws must address the historical and ongoing injustices faced by First Nations people. 
10. A fairer, socially just, more economically equal, and inclusive society will improve social cohesion and reduce harm.
11. The over-representation of First Nations peoples in the criminal justice system must end.
12. The over-representation of disabled people in the criminal justice system must end.
13. Disabled people in prisons and detention must receive equitable access to services.
14. Coercion and control in any relationship is unacceptable, especially in the context of domestic violence or abuse.
15. Individual victims of crime should have access to compensation, counselling and other such measures. This should be accessible in all regions and also accessible in terms of financial access, language barriers, disability access, and being culturally appropriate.
16. The criminal justice system must include a universal presumption in favour of bail, while ensuring that serious risks to community and individual safety are taken into account.
17. Criminal justice should be based on restorative justice principles, with a focus on education and rehabilitation. 
18. Work programs for people in prison are positive if they have individual agency and choice over their engagement with those programs. Participants in these programs should be paid a fair wage.
19. There should be a high degree of oversight, regulation and limits on police use of firearms.

Aims

The Australian Greens want:

1. Courts and tribunals that are impartial, well-resourced and independent of the government of the day.
2. Domestic laws that fully incorporate Australia's international legal obligations.
3. An end to politically motivated law and order campaigns that exploit and fuel public anxieties; and an end to the threat of terrorism being used to undermine or discard basic principles of law.
4. An end to the criminalisation and suppression of non-violent protest, such as through legislated restrictions, violent policing and pre-emptive arrests.
5. Secure funding for community legal centres and legal aid in both criminal and civil jurisdictions to ensure access to justice for all Australians.
6. A criminal justice system that is human rights-compliant and based on principles of restorative justice and the rights of victims and the accused.
7. A comprehensive, multidisciplinary and evidence-based approach to reduce crime by addressing the underlying causes of crime and recidivism.
8. The implementation of preferred alternatives to imprisonment, including restorative justice, diversionary programs and justice reinvestment strategies.
9. The implementation of alternatives to police as first responders, prioritising community-based safety initiatives that include intervention by health and mental health professionals.
10. All those held in Australian prisons to have access to quality rehabilitation, education and training programs in an effort to reduce recidivism.
11. To uphold judicial discretion in sentencing and repeal mandatory sentencing legislation.
12. Customary law to be taken into account by judges in determining sentences.
13. A family law system that is fair, accessible and based on the best interests of the child.
14. The urgent implementation of the outstanding recommendations of the Royal Commission into Aboriginal Deaths in Custody.
15. Action to address the continued over-representation of Aboriginal and Torres Strait Islander Peoples in the justice system.
16. The decriminalisation of consensual adult sex work.
17. Stronger citizens' privacy protection.
18. The prohibition of racial profiling and the arbitrary use of racial descriptors by police or other government agencies.
19. To progress gun law reform, including prohibition of the possession and use of semi-automatic handguns in the community.
20. To implement a prohibition on the use of electroshock weapons and Tasers, starting with disallowing their distribution to general duties police and restricting their use to situations where life is threatened.
21. To ensure that judges, magistrates and tribunal members have tenure in order to protect their independence.
22. To oppose attempts to restrict litigants' capacity to seek compensation under the civil law.
23. Strengthening of the public interest defence to protect whistleblowers from retaliation.
24. Further harmonisation of national defamation law, which should include consideration of placing the burden of proof on the complainant when it is appropriate, who must show serious harm and the falsity of the claim.
25. To raise the age of criminal responsibility to at least 14 years. 
26. The right to vote not to be limited by any form of incarceration.
27. All individuals to have a right to freedom from arbitrary searches.
28. Unreasonable restrictions on applying for bail, including show cause requirements, removed.
29. Bail conditions to be limited to mitigating unacceptable risk to the community or preventing flight.
30. All disabled people to be provided with effective supports while engaging with the justice system.
31. All eligible disabled people to retain access to the NDIS, and be supported to apply for the NDIS, while in prison.
32. Health services, including Medicare, the Pharmaceutical Benefits Scheme, and mental health services, to be provided to all people in prison.
33. End the use of dogs by police for: 
    1. drug detection to justify invasive searches of individuals
    2. attacking and/or apprehending suspects
    3. intimidating civilians.

(Justice Policy as amended by National Conference June 2024.)