The evolution of problem-solving courts in Australia and New Zealand: A Trans-Tasman comparative perspective

Abstract

This chapter provides an overview of problem-solving courts currently in operation in Australia and New Zealand. We explore how the evolution of the problem-solving courts has been shaped by the localized needs of the justice, health, and social service sectors and the dynamic academic, legal, and professional cultures of these countries. The recognition that many people coming before court do not have a single problem that can be identified as the sole cause of offending is highlighted and we illustrate that this has led some Australian states, and New Zealand, to develop integrated programs that address multiple and complex problems more holistically. We argue that a key issue integral to the longevity of problem-solving courts is the ability of the legal, health, and social services sectors to better address issues of coexisting mental health and addiction problems, develop integrated services, and achieve effective collaboration between the various sectors. Collaboration is a multifaceted concept that is integral to the successful operation of problem-solving courts but may be hard to achieve because of the complexities of the wider health and social service systems. We argue that collaboration is a concept that has not yet adequately been explored in the literature or in the practice of these courts. However, we suggest ways in which problem-solving courts can bring about meaningful and effective interdisciplinary collaboration between the legal, health, and welfare sectors beyond paying lip service to the concept.