In a turbulent world, the defenders of the principles underpinning democracy and the rule of law are sometimes found in surprising of places.
One of the greatest champions of these ideas is to be found not in parliament but on the bench of the NSW Local Court – the first rung on the hierarchy of courts – and the busiest court in the nation.
Deputy Chief Magistrate Theo Tsavdaridis, who is the recipient of this year’s Protector of the Law award, helps lead a court that deals with about 420,000 matters annually.
“Often, it feels like we are drinking from a fire hose with legal work and complex disputes coming at us from every angle at enormous speed,” he told a dinner last year.
Tsavdaridis was presented with his award on Thursday by the Rule of Law Education Centre, which has been working with him on school tours of the courts.
The award was created by the Education Centre to recognise those who have made significant contributions towards upholding and protecting the principles of the rule of law which have their origin in Magna Carta.
It recognises the major role Tsavdaridis has played in supporting open justice and legal education by briefing school students during tours of the courts organised by the Education Centre.
Last year the Education Centre arranged tours for 2860 students, 201 teachers and 119 schools.
The centre’s education manager, Justice Hanks, said the Deputy Chief Magistrate had helped students develop trust in Australia’s system of governance and confidence in the judiciary’s independence and impartiality.
In major speeches last year Tsavdaridis explained how equality before the law took root in this country and how courts were sometimes required to make unpopular decisions in order to adhere to the law.
“Judges and magistrates are not making decisions based on how we think the next Newspoll will go,” he told a dinner in October hosted by the Parramatta and Regional Law Society.
“For a judicial officer who likes every outcome, he or she might well be a bad judge, stretching for policy results he or she prefers rather than those the law compels.
“Courts do not have armies or police forces. All they have is trust, respect and credibility.
“Judicial legitimacy depends on the public maintaining a level of confidence that cases would be decided by a competent and impartial judiciary according to law without fear or favour … ”
In November, at the NSW Justices Association conference, he outlined how equality before the law was established in Australia in 1788 by the first civil case which involved two convicts from the First Fleet – Henry and Susannah Kable.
But it took almost a century before the courts were allowed to accept evidence from Indigenous people, including evidence of massacres, he told that conference.