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‘Always had an eye to the future’: NSW profession farewells longest-serving chief magistrate
Reflecting on the 33 years spent at the bar, the NSW profession has bid farewell to the state’s longest-serving chief magistrate and commended him for his years spent ensuring transparency in court processes, putting a much-needed spotlight on mental health, striving for gender parity and persistently pushing for vital resources.
Naomi Neilson
Long before the global pandemic forever changed the Australian justice system, the Honourable Chief Magistrate Graeme Henson AM had committed to making the changes that the judiciary – but particularly, the Local Court – desperately needed. Over his 33 years, Chief Magistrate Henson did just that time and again.
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Commenting on the Chief Magistrate's career ahead of his retirement this Friday, 27 August, NSW Law Society president Juliana Warner said she has really appreciated the “close and productive relationship” that he has fostered with the Law Society and the legal profession, “not just during the pandemic, but over many, many years”.
“In a profession that is traditionally resistant to change, Justice Henson has always had an eye to the future, pushing for courts to adopt technology that increases access to justice,” Ms Warner said. “On behalf of the state’s solicitors, I would like to thank Judge Henson for his decades of service to the legal profession.”
Chief Magistrate Henson was appointed as a magistrate in 1988, a deputy magistrate in 1994 and chief magistrate of the Local Court in 2006 before finally being appointed judge of the District Court in 2010. Prior to the bench, he served as deputy solicitor for public prosecutions in the Office of the Director of Public Prosecutions.
Taking on the position of head of the Local Court meant overseeing one of the busiest jurisdictions in the country. In a 2019 annual review – during which he campaigned for more resources – Chief Magistrate Henson urged the government to remember that given it deals with 96 per cent of all criminal prosecutions and 90 per cent of all civil litigation, “it is a jurisdiction that constantly operates under pressure”.
He persistently fought for more resources for the Local Court, often criticising the government for its “no real response” to these requests. When the pandemic hit, he turned to making major changes with the limited resources the court had available, while still asking the attorney-general to not overlook the court in a time of crisis.
“I am enormously proud of the contribution made by magistrates during the time of COVID-19 in 2020 but I have seen the impact of health and morale of the court. Both are at serious risk of decline. The Local Court is not an inexhaustible source of contribution. The potential impact of expecting too much for too long without regular reviews of the sufficiency of resources is highlighted in the research paper into the impact of vicarious trauma on the judiciary,” Chief Magistrate Henson said in 2020.
In announcing the Chief Magistrate's retirement, Attorney-General Mark Speakman praised him for the strong leadership role he played during the lockdowns, including a number of effective measures to “keep court users safe and the wheels of justice moving”. This included increasing the use of audiovisual links, postponing certain non-urgent hearings and keeping foot traffic in courts to a minimum.
“He’s displayed significant leadership in guiding the courts through the uncertainties of the COVID-19 pandemic, ensuring the health and safety of those who come into contact with the courts, while keeping the wheels of justice turning,” Ms Warner said.
As he did while calling for more resources during COVID-19, Chief Magistrate Henson has long been an advocate for mental health in the judiciary. Many times, he fought for a range of entitlements for magistrates that included a minimum two-week break over the holiday season and midyear breaks for the Local Court Conference.
Additionally, the Chief Magistrate has been a champion of other vital wellbeing services, such as long service leave, greater carer’s leave entitlements and free travel on public transport. Ms Warner said he played a “significant role in opening up an important conversation about the mental health and wellbeing of the judiciary”.
When it came to looking after the mental health of magistrates, he told media that it must start with them looking after themselves: “I tell every magistrate I appoint to put their health and family first and the job second. It’s important to keep that mantra in your mind and have the willingness to put your hand up if you’re not coping.”
This same commitment was given to achieving gender equality on the bench. When he was appointed chief magistrate in 2006, he addressed the profession shortly afterwards. During it, he said the numbers of women at the bench had increased from four in 1985 to 44 in 2006 – an achievement on its own, but one he said the court and his work would be “committed to increasing” over the rest of his career.
As promised, during his tenure, the Chief Magistrate's position and his commitment to gender parity saw the proportion of female magistrates hit record highs. At the Local Court, Mr Speakman said women made up 49.6 per cent of magistrates.
Minister for women Bronnie Taylor praised the Chief Magistrate for being a “champion for equality in law”, not only for appointing more women to the bench but for also “encouraging more women to apply for judicial roles to reflect the growing numbers entering the legal ranks” and inspiring female graduates to seek legal roles.
