The value of court education cannot be understood separately from the broader value of civic education. The unique aim of civic education is “the formation of individuals who can effectively conduct their lives within, and support, their political community”, she said.

“Put another way, the purpose of civic education is the shaping of the young into citizens — participants in public life who are committed to the political community’s basic values and are capable of participating effectively in the subsisting system of government. That is a definition broad enough to accommodate the fact that civic education has throughout history been associated with political systems apart from our current system of liberal democracy.”

According to the Australian National University’s Australian Election Study, conducted in 2019, trust in the Australian government has fallen to its lowest level since the original study in 1969.

“In 2021, the Australian Curriculum Assessment and Reporting Authority published the results of the latest National Assessment Program testing of Australian high school students on the topic of civics and citizenship. That report records that only 38 per cent of year-10 students and 53 per cent of year-six students reached the ‘proficient’ standard on issues of civics and participatory citizenship, suggesting that students’ understanding of Australian democracy and government has ‘plateaued’, or even declined, compared to previous years,” Justice Gleeson added.

“These statistics suggest that there is ample room for the courts and the judiciary to assist with the education of our young people about the courts and the court system, in the interests of liberal democracy.”

For Australian citizens to respect the courts and their legitimacy, they need to understand them fully, Justice Gleeson noted.

“In Australia, we have a healthy culture of respect for court judgments and orders. But it is important not to take that culture of respect for granted. Within the general public, what needs to be maintained is a diffuse understanding of the importance of the rule of law, and the role of the courts in administering it,” she said.

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“What needs constantly to be demonstrated to and accepted by the broader community is that the courts are fulfilling their functions well, by delivering justice according to law. If courts are not fulfilling their functions well, it is also critical that the community be duly informed.”

Courts can demonstrate their legitimacy by conducting public proceedings, as well as publishing judicial decisions — as well as simplifying their processes in order for younger Australians and budding law students to be able to understand them better from the outset.

“The following outcomes of court education have been posited: an ability to recognise legal issues, know about legal resources and how to access them to solve legal problems; understanding that courts and the judiciary uphold the rule of law and are fundamental for civil society; community support for court decisions; and skills to serve on juries,” Justice Gleeson continued.

“Unsurprisingly, the COVID-19 pandemic resulted in a significant decline in foot traffic through the court. In a typical year prior to the pandemic, the court would receive more than 70,000 visitors, approximately half of whom were school students. In the 2020–21 financial year, however, that number was reduced to 8,500, roughly 1,000 of whom were school students. While these figures are yet to be published, I understand that in the 2021–22 financial year, there was a modest increase to these figures: there were approximately 9,000 visitors, approximately 2,000 of whom were school students.”

Moving forward, Justice Gleeson added that a “significant challenge for court educators is to provide content and experiences that are engaging and relevant”.

“On the one hand, law can rapidly descend into impenetrable detail. On the other, even very young children have an instinctive interest in fairness and in the application of just rules as protection against brute power. Opportunities for students to meet and speak with judges and lawyers can also generate enthusiastic and thoughtful discussion,” she concluded.

“When I sit in court, I sometimes see a group of school students come to visit. I do wonder what they will make of the proceedings that play out before them, and I worry about whether adequate tools are available to make the experience meaningful and educative. I think that the teachers’ task must be a very difficult one. I also think of the students’ humbling potential.”