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Cultural diversity a reflection on honesty, reliability in tribunal, president says
Members of the recently established Administrative Review Tribunal have been trained to understand that evidence given by culturally diverse people may differ from those with Anglo-Celtic backgrounds.
Naomi Neilson
In a speech delivered late last year, Justice Emilios Kyrou, president of the Administrative Review Tribunal – established in October 2024 – said “significant emphasis” has been placed on diversity training, education, and professional development for its members.
“It is important for tribunal members to be aware of the possibility that people from culturally and linguistically diverse backgrounds may give evidence or engage with the tribunal in ways that differ from those from Anglo-Celtic backgrounds,” Justice Kyrou said.
In the speech, delivered at the Asian Australian Lawyers Association’s National Cultural Diversity Summit, Justice Kyrou said having an awareness of the “cultural dimensions” of a witness’s evidence provides tribunal members with not only context for the evidence itself but also a greater assessment of “their honesty and reliability”.
Ignorance of these dimensions creates the risk of an inaccurate impression and a miscarriage of justice, Justice Kyrou added.
“Members need to be culturally aware in order to avoid the performance of any of their functions being inappropriately influenced – whether consciously or unconsciously – by assumptions that are based on cultural stereotypes,” Justice Kyrou said.
In addition to this training, Justice Kyrou said the tribunal has adopted translation and interpretation services and has been provided with $2.6 million in targeted funding to pilot a First Nations liaison officer program that commenced in November 2024.
Following an accessibility audit in mid-2024, Justice Kyrou said the tribunal has also accommodated hearing loop systems, closed captioning, and interpreters. Information on its features and translation technology has also been made available on its website.
The membership of the tribunal has also been a major focus, with Justice Kyrou explaining diversity in its composition is important in making the tribunal “more accessible and ensuring members make the correct or preferable decision in each of their cases”.
“This commitment to ensuring respect for, and understanding of, cultural differences should not be seen as tokenistic,” Justice Kyrou said.
“Members of the tribunal take an oath to ‘well and truly serve in the office [of member], and do right to all manner of people according to law without fear or favour, affection or ill-will’.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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