A Study of Client Services in Australian and New Zealand Courts, Meeting the
Needs of Court Users Whilst Supporting Service Providers
Abstract.
Client service is an integral part of court administration. It is expected that different courts with different
jurisdictions and their different stakeholders may place different emphasis on the role that client service
plays in the way the court operates. The research literature on service quality makes it clear that whilst
there is perceived to be a direct relationship between how service organizations treat their client service
staff and the quality of the service experienced by their clients it also makes it clear that this is by no
means a simple or direct relationship [Schneider and White, 2004]. The marketing and service
management research literature also highlight the wide range of other factors that have been found to
influence the effectiveness of service organizations. This includes, but is not limited to, the attitude and
competency of service staff, the ways in which services are delivered, where they are delivered, and the
strategies, structures and systems that service organizations use to support these processes. All four
objectives of the Court Safety Project readily lend themselves to an examination of the impact, planned
and actual, that client services are seen to have on how lay court users experience the court system.
This study looks at client services in a select number of Australian and New Zealand courts that deal with
family-related matters. The study seeks to compare and contrast client support services across these
courts in terms of the types of services that are delivered, how they are delivered, what things work, what
things have the most impact in meeting user requirements and what the trends are for continuous
improvement in service delivery in the foreseeable future. The results are expected to complement the
Court Safety Project’s core findings about how users perceive courts in terms of people, places and
processes.
Study Objectives
The Study of Client Services in Australian and New Zealand Courts, Meeting the Needs
of Court Users Whilst Supporting Service Providers (hereafter titled the Client Services
Study) is being undertaken amongst five organizations that are partners to the Court
Safety Project. These are the Magistrates’ Court of Victoria; the Courts Administration
Authority of South Australia, The Department of the Attorney General, Government of
Western Australia; the Family Court of Australia and the Ministry of Justice, Government
of New Zealand.
The Client Services Study has four formal objectives. The first is to describe client
service policies, processes and practices that may affect safety and security for lay
clients and staff. The second is to document the nature and type of the client services
provided by courts that potentially impact on lay client and staff safety. The third is to
identify policies, processes and practices associated with safer (or unsafe) court
environments. The fourth is to identify trends and developments in the nature, type and
delivery of client services in courts involving family-related matters that have the
potential to impact upon the extent to which these services are seen to be effective in
continuing to contribute to safer court environments. This Study is designed to
complement the Court Safety Project.
1
The Court Safety Project entitled ‘Fortress or sanctuary? Enhancing court safety by
managing people, places and processes’, and known by the abbreviated title of the
‘Court Safety Project’ itself has four objectives, presented below and depicted visually in
relationship to the Client Services Study in Figure 1:
1. To identify actual and perceived safety needs of court user communities
(‘stakeholders’).
2. To identify the features of court processes, practices and designs that contributes
to safer court environments.
3. To measure the impact of changes to court processes, practices and designs on
the safety of court environments.
4. To develop best practice guidelines for improving the safety environments of
courts.
Figure 1 – Court Safety Project Aims
Court Safety
Project Objective 1
-
Court Safety
Project Objective 2
-
User needs
Things that work
Court Safety
Project Objective 3
–
Court Safety
Project Objective 4
What has the most
impact
Link 1
Improvements
Link 2
Link
Link
3
4
Client Services
Study
All four objectives of the Court Safety Project readily lend themselves to an examination
of the impact, planned and actual, that client support services are seen to have on how
lay court users experience the court system. The Client Services Study looks
specifically at client support services in terms of the types of services that are delivered,
how they are delivered, what things work, what things have the most impact in meeting
user requirements and what the trends are for continuous improvement in service
delivery in the foreseeable future.
2
Research Purpose and Research Questions
The Client Services Study is seen to have three research purposes as depicted in
Figure 2 below. These are to identify service improvements that link directly or
indirectly to lay clients and staff feeling safer whilst at court; to document trends and
developments in the types of services being delivered and how they are being managed
within and between partner organizations; and how this information might be seen to
contribute to ‘best practice’ for facilitating safer court environments from a ‘client service’
perspective.
Figure 2
A Study of Client Services in Courts
Meeting the Needs of Court Users
AREAS OF
QUESTIONS
RESEARCH PURPOSE
Main features of
the key services
offered by the
partner
organization
Specific courts and
services within
courts that relate to
(i) family-related
court matters and
(ii) lay clients and
staff feeling safer
whilst at court
Service improvement that links
directly or indirectly to lay clients
and staff feeling safer whist at
court [planned and actual]
Key service
improvements that
directly or indirectly
should make lay
clients and staff
feel safer whilst at
court
Trends and
developments
known of or
foreseen in
services – within
particular familyrelated courts or
courts within the
partner
organization
Input to development or
refinement of best practice
for improving the safety
environment of courts from
a ‘service perspective’
Trends and developments in
services [basis to compare and
contrast policies and practices
within and between partner
organizations]
How do we know if
a particular service
or array of services
are being effective
(measuring impact)
The Study Process
All courts amongst the partner organizations of the Court Safety Project are being
encouraged to participate in the Client Services Study. The first step that has been
taken has been to pilot the Study approach by focusing on two of five partner
organizations, the Courts Administration Authority of South Australia and the Family
Court of Australia. The study process piloted so far has involved analysing and
summarising the contents of the partner organisation’s web sites and most recent
annual reports, with specific reference to information on client support services. This
information has then been modelling in terms of key service features; service features
related to safer court environments and service initiatives and service-related issues
that may impact on the future delivery of client support services. These documents
3
have been provided to partner organization representatives and refined after a phone or
face-to-face interview. Interviews have been held with Mr. Mark Stokes, the Sheriff of
the Courts Administration Authority of South Australia and Mr. Simon Kelso, A/g
Manager, HRM and Executive Adviser, Client Services, from the Family Court of
Australia. Once feedback from these representatives on the information collected on
their organizations has been received and feedback obtained from the Third Justice and
Environment Conference, on the basic study approach, it is proposed that the remaining
three court organizations that are partners to the Court Safety Project will be
approached in a similar manner. It is expected that the data collection phase of the
study will be completed by the end of June 2010.
Preliminary Observations
It should be noted that the versions of the maps presented in this paper have yet to be
validated with the relevant partner organisation representatives so any interpretation
placed upon them needs to be qualified.
The Map of Service Features for the Courts Administration Authority (CAA) is illustrated
in Figure 3 below. It is understood that family-related matters are handled by all courts
within the CAA portfolio to varying degrees depending upon the nature of each court
and its jurisdiction. Figure 3 indicates a range of continuous improvement initiatives
relating to the client support services offered by different courts to support improved
access to judicial services. There is a clear emphasis on the improved use of
technology and ensuring court staffs are better trained for their demanding roles.
Figure 3
Map of Service Features
As at 14 May 2010
A range of support programs are run for
the indigenous community, the youth and
those with drug dependence
Shopfront and call centre staff and the Sheriff’s
Officers are better trained to deal with difficult
client matters
Education of stakeholders is a major theme
with significant benefits for the judiciary and
the community
Some innovative aspects of the CAA central
web site (e.g. single site for access to all
courts and jurisdictions, on-line court tours,
user guidance material using U Tube)
Courts Administration
Authority of South Australia
Technology is being used to improve remote access to the
judicial process (e.g. video camera) and to improve
document transmission and management (e.g. electronic
lodgement, E-trial, digital court reporting)
A range of transactional (e.g. on-line payment, online lodgement of court documents) and relational
services (care and protection meetings, community
meetings by Aboriginal Justice Officers) are offered
to court users
Technology is being used to improve business processes (e.g. Ecommerce, digital recording) and safety (e.g. video camera to
protect vulnerable witnesses or to minimise movement of prisoners)
Increase in quasi professional and professional staff (e.g.
Aboriginal Justice Officers in remote areas; Social Workers in
Coroner’s court)
4
Figure 4 provides a map of service features seen to be related to safer court
environments amongst the courts in the CAA portfolio.
Figure 4
MAP OF
SERVICE FEATURES
RELATED TO SAFER COURTS
14 May 2010
STAFF TRAINING AND
DEVELOPMENT
STAKEHOLDER EDUCATION
E.G. Judiciary meetings with remote community
members; use of ‘out doors’ court; Aboriginal Justice
Officers, Care and Protection Meetings
E.G. Shopfront staff, call centre staff,
Sheriff’s Officers appropriately training to
do the job not learning on the job.
Courts Administration
Authority of South Australia
IN-HOUSE SECURITY
STAFF
TECHNOLOGY
E.G. Video conferences to improve remote access,
minimise prisoner movements, protect vulnerable
witnesses, on-line payment system to minimize need for
lay court users traffic in the court house)
E.G. Enhanced flexibility; more influence
over selection, training and conduct
Stakeholder education is seen to be a two-way process of the judiciary actively
engaging with and educating community representatives in a number of different ways
and as a consequence the judiciary themselves being made more aware of how to
adapt their processes to the special requirements of vulnerable client groups in
particular communities (e.g. remote, indigenous, youth). Skills training amongst
shopfront staff, call centre staff and security staff from the Sheriff’s Office, particularly
relating to dealing with difficult clients, was seen to lead to safer and more efficient court
environments. The improved use of a wide range of technology has and continues to
offer a variety of ways of reducing risk, improving access and improving the efficiency of
certain court processes. Finally the multi-skilling of Sheriff’s Officers in prisoner
security, court management and precinct security offers the CAA greater flexibility when
it is required to supplement the utilization of security contract staff in special
circumstances.
Figure 5 illustrates a range of service-related initiatives and issues relating to the CAA
portfolio. One interesting feature is the perceived shift in how service is viewed at a
number of different levels within the courts. Another is the potential impact that
5
economic constraint is likely to have in expanding the utilization of technology in service
delivery. The third is a perceived `missing link’ between employee attitude surveys and
customer satisfaction surveys. Schneider stated “most service organizations, separate
their employee ‘attitude’ research from the customer ‘opinion’ research”, [Schneider,
1980, p56]. This appears to be true in practice.
Figure 5
MAP OF SERVICE-RELATED INITIATIVES & ISSUES
14 May 2010
Organizational
culture and climate
How Service is
Viewed
Employee attitudes
Perceived shift in ‘mind set’ from a focus on
prevention and protection to one that
accommodates an interest in the quality of service
Educating stakeholders and building employee skills
can help change the Org. culture and climate
A staff attitude survey conducted and
another is planned
Courts Administration
Authority of South Australia
HRM support
How service quality
is measured
Issues include person/job fit; skills development;
dealing with enforced cut backs and job loses and
not letting T&D being an ‘easy’ savings target
Customer satisfaction feedback obtained
in a variety of ways
Where it is delivered
Operational
management issues
A range of issues including strategy development in a
time of financial constraints; continued investment in
technology improvement; ensuring business
Technology being used to improve accessibility processes are redesigned before being computerized
and safety
Initiatives to improve remote accessibility
How it is delivered
Targeting and tailoring services
to meet client needs
A similar set of maps have been prepared for the Family Court of Australia. Figure 6
provides a map of the key service features. This indicates a clear integration of client
service into strategy, governance, structure and organizational systems.
6
Figure 6
Map of Service Features
As at 21 April 2010
The Court’s goal is to deliver excellence
in service
A Commonwealth Courts Portal provides
e-filing. There is free web-based access
to information about cases before
Commonwealth Courts.
The Court has a number of strategies for
strengthening its partnerships with clients and
other stakeholders in the family law system
Service excellence is part of the Court’s Mission
Statement
Family Court of Australia
One of the Court’s four programs of work involves
the ‘provision of effective and efficient client
services’
The Court gathers user satisfaction survey
data on an regular basis
The court has an Executive Director
responsible for client services
A variety of service delivery improvements have been/are being trailed
and rolled out nationally [e.g. Living in Harmony Project is a
community-driven educational intiative].
Registries are operated in 19 sites around Australia
and a national call centre is in Sydney
Client service staff prepare ‘safety plans’ for
clients perceived at risk of family violence whilst
at court
New service improvements [e.g. the Magellan Case
Management System] are piloted and
comprehensively evaluated before rolled out national
The Court reports on resources uses for client services [i.e.
Approx. 19% of variable costs in 2007/08]
A distinct feature of the Family court appears to be the manner in which service is seen
as integral to the mission, vision, values, strategies, structures, policies and practices of
the organization.
Figure 7 provides a map of services directly or indirectly related to safer court
environments.
Figure 7
Physical Security
Arrangements
The Safety Plan
A protocol for shopfront and call centre staff to
discuss with lay clients about the perceived
risk of family violence whilst they are at court
The Family Court of Australia
Integrated Client Service
Development Program
The introduction of screening equipment
reduced the potential for incidence of a violent
nature in the court house
Redesign of Shopfronts
to make them more user
friendly
The implementation of an organisation wide training program
of shopfront and call centre staff in client service knowledge
and skills helped to shift the culture from a process focus to
more of a focus on service quality
Enhanced physical security in Commonwealth Court Buildings
made it possible to redesign registry shopfronts to be more user
friendly
The Family Court representative spoke about the double benefit of the introduction of
enhanced physical security in the Family Courts. Once staff were able to rely on this
security they were more amenable to the redesign of shopfront areas to make them
7
more user friendly which in turn enables them to provide more effective support for their
clients. In this way security and service are seen to be inter-twined.
A related initiative was the introduction of the Integrated Client Service Development
Program which dealt with building capability amongst client service support staff across
the Court’s 19 service locations. Finally the Family Court introduced a safety planning
protocol which requires shopfront and call centre staff to engage with clients about
perceptions of the potential for risk of family violence whilst they are at court and to
ensure this is passed on to the relevant officers within the court.
Figure 8 provides a map of service-related initiatives and issues.
Figure 8
MAP OF SERVICE INITIATIVES AND RELATED ISSUES
17 May 2010
How Service is
Viewed
Organizational
culture and climate
Service is an integral part of corporate culture
Employee attitudes
A shift has occurred from an output to an outcome culture
noticeable from early 2000 onward
The recent establishment of a single integrated
service arrangement for the Federal Court,
Federal Magistrates Court and Family Court has
impacted on staff attitudes
The Family Court of Australia
Change fatigue is being experienced
How service quality
is measured
Last client satisfaction survey conducted in
2004, another one likely in next 18 months
The organisation is using the Court Excellence
Framework to self assess where further improvements
in service delivery can be made
Where it is delivered
HRM support
Currently perceived to be a bit ‘out of alignment’
and struggling to keep up with the pace of change
arsing from the recent reorganization
Operational
management issues
Still meeting service targets set
several years ago
New industrial agreement about to be voted on that has
not been too well received in some areas; job loses due to
restructuring and efficiency dividend to contend with
Restructuring has been a
major change initiative
How it is delivered
The challenge of ongoing fiscal constraint.
Major technology improvements in electronic
Stakeholders have a strong interest in the
document management
status quo being maintained
The introduction of enhanced security has enabled shopfront designs to be made
more accessible and friendly
Need to take stock and consolidate gains
made in the last decade
Some of the key themes that emerged that may impact on the future of service support
within the court were the recent amalgamation of client support services amongst the
Federal Magistrates Court the Federal Court and the Family Court. This in conjunction
with fiscal constraints is seen to have a progressive impact on staff moral which may in
turn lead to an impact on service effectiveness if not checked.
Trends in the Field of Service Research
Over the last forty years there has been a growing recognition of the complex nature of
the range of factors influencing the service encounter from the perspective of the
service provider and the client. Figure 10 below identifies some of the types of
antecedents studied that have been found to influence service provider attitudes and
8
the consequences that flow from the service encounter from a client and service
provider perspective. The antecedents studied have included organisational culture and
climate; HRM policies and practices; perceived organisational support; organisational
justice; trust and leadership. Antecedents directly linked to the service provider’s job
that have also been found to have an effect on the service provider attitudes and
service behaviour include contact frequency, level of independence, role stress and
emotional labour. The consequences of these factors influencing service providers and
their clients that have been studied include prosocial behaviour [i.e. the phenomenon of
people helping others with no thought of reward], job satisfaction, organisational
commitment, task and contextual performance, and loyalty as well as other work-related
behaviours such as staff turnover and absenteeism [Wetzels, de Ruyter, and Lemmink,
2000].
Figure 9
Antecedents and Consequences
of the Service Encounter
ANTECEDENTS
SERVICE
ENCOUNTER
CONSEQUENCES
SERVICE
PROVIDERS
Antecedents to
customer service
employee attitudes
and behaviours
include:
Perceived wellbeing
(POS)
Perceived fairness
(Org. Justice)
Culture and climate
HRM policies and
practices
Trust
Leadership
Work unit
cohesiveness
Organisational
identification
Role stress (conflict
& ambiguity)
Emotional
competency and
emotional labour
Relational
Transactional
Service
Provider
Client/
Customer
Prosocial Behavior
Task Performance
(in-role)
Contextual
Performance
(extra-role)
Commitment
Job Satisfaction
Other Work
Related Behaviors
CUSTOMERS/
CLIENTS
Satisfaction
Loyalty
Participation
Organisational
effectiveness
SERVICE
QUALITY
Source:
Wetzels M., De Ruyter K., Lemmink J., [2000]. Antecedents and Consequences of Service Quality in
Business to Business Services. In T.A. Swartz and D. Iacobucci [Eds.], Handbook of Services Marketing
And Management, [pp 343-370], London Sage Publications
This research service management is complex, dynamic and situational specific. What
is lacking from this is a holistic framework which can be used to examine the presence
and strength of a range of related factors operating to influence the effectiveness of the
service encounter.
A strong feature of service research over the last forty years has been the relationship
between internal factors influencing the service experience and the way in which
customers or clients perceive that experience [Schneider and White, 2004]. The service
profit chain developed by Heskett et al, in 1994 is still cited as the rationale for why
service organizations should focus on how they treat their service staff. Figure 9 below
shows the relationship conceptualized in the service-profit chain.
9
Figure 10
The Service Profit Chain
Workplace Design:
*Job Design
*Selection and
Development
*Reward and
Recognition
*Tools/Resources
Operations:
Customer:
*Quality Improvements
*Productivity
Improvements
* Satisfaction
*Loyalty
Revenue
Growth
Service Value
Employee:
Profitability
*Loyalty
*Productivity & Quality
Output
*Service Quality
*Capability
*Satisfaction
Source:
Heskett et al, [1994]. Putting the service profit chain to work, Harvard Business Review
Cited in Schneider B., White S.S., Service Quality, Research Perspectives, [p145] California, Sage
Publications
The main limitation of this framework is it is based in the private sector where there are
perceived to be a wider range of incentives to create both extrinsic and intrinsic
motivation amongst service providers.
Perhaps the most prominent shift in academic and research thinking in relation to
service has been the introduction of the concept of service-dominant logic [Vargo and
Lusch, 2004, 2009]. In its essence this is about changing the perspective and the
language used to describe the service concept moving away from the predominant
product-dominant logic that has underpinned marketing research and practice for
decades (i.e. the service-profit chain). A model entitled the service dominant logic
triangle tries to capture the essence of this perspective [Figure 11 below refers].
Figure 11
The Service-Dominant Logic Triangle
USERS AND
STAKEHOLDERS
EXTERNAL
EXTERNAL
Interaction - cocreation of meaning
and experiences
SERVICE
VALUE
Interaction communication of
the value
proposition
THE
ORGANIZATION
EMPLOYEES
INTERNAL
Interaction enabling meaning
and experience
Source:
Brodie R.J., Glynn M.S., Little V., [2006]. The service brand and the service-dominant
Logic: missing fundamental premise or the need for stronger theory. Marketing Theory, 6, 363-379
Warnaby G., [2009]. Towards a service-dominant place marketing logic. Marketing Theory,
9, 403-423
10
This schema conveys that service value is an outcome of the interaction between
service provider, service user and other relevant stakeholders, and the service
organisation. It is based upon the central premise that while the service organization
can unilaterally communicate a service value proposition, service value itself is cocreated involving partnership between the service provider and service user. Further it
conceives that interaction between service organization and service employee to be
central to that value creation process. Evolution of thinking about service-dominant
logic has led to its exponents establishing ten fundamental premises of servicedominant logic which can be summed into five distinguishing factors; the unit of
exchange; the role of goods; the role of the customer; determination of the meaning of
value; and firm-customer interaction.
Whilst these changes in thinking about service are interesting and potentially relevant to
the Client Services Study they don’t help us understand, from a systems perspective,
how organisational effectiveness is being influenced by changes in the way in which
courts think about and manage their array of client services.
Accepting that there are a wide range of factors influencing the perceived value of
services that any service organization may deliver a multi-dimensional and potentially a
multi-level approach is needed. A conceptual framework is being used to guide the
enquiry process of the Client Services Study that has been developed from the research
literature. Figure 12 below provides a visual representation of this framework.
Figure 12
THE SERVICE VALUE PROPOSITION
SOCIETAL VALUES,
ORGANISATIONAL
CULTURE AND CLIMATE
[Perceptions]
SERVICE QUALITY –
[How well]
SERVICESCAPE
[Where]
SERVICE
DOMINANT LOGIC
FUNDAMENTAL
PRINCIPLES
[Meaning and
experience]
STAFF ATTITUDES
AND WORKRELATED
BEHAVIOURS
[Individual and
shared]
SERVICE
VALUE
STRATEGIC
HUMAN RESOURCE
MANAGEMENT
[Support]
SERVICE
OPERATIONS
MANAGEMENT
[Strategy, systems
structure, staffing]
SERVICE DELIVERY
(What and how)
This framework integrates a number of the different strands and different approaches to
research about marketing and service management. No attempt has been made to
11
show the complex inter-relationships between each of these elements but it is
acknowledged that they are many and varied. The author’s own PhD study will focus
on how staff attitudes and work-related behaviours influence service outcomes as well
as how to measure service quality from the service provider’s perspective. The Client
Services Study is predominantly focussed on service delivery but also takes into
account the other dimensions of this framework. The framework has so far proven quite
robust as a basis of semi-structured interviews with partner organisation representatives
about trends and developments in client services.
Some of the references that support each of the framework’s dimensions include:
Service Culture and Climate – Schneider, 1980; Kopelman et al, 1990; Schneider and
White, 2004; Schulte et al., 2009; Safety Culture and Climate - Zohar, 1980;
Guldenmund 2000; Cooper, 2000; Carr et al., 2003; Wiegmann et al., 2004; Clarke,
2006; Service-Dominant Logic - Vargo and Lusch, 2004, 2009; Lusch and Vargo, 2006;
Employee attitudes and service performance - Sergeant and Frenekel, 2000; Allen and
Grisaffe, 2001; Malhortra and Mukherjee; Strategic Human Resource Management –
Ferris et al., 1998; Ostroff & Bowen, 2000; Lepak et al., 2006; Wasti et al., 2009;
Chuang and Laio, 2010; Service delivery - Heskett et al., 1994; Hartline and Ferrell,
1996; Keefe et al., 2008; Johnson & Ashforth, 2008; Mayer et al., 2009; Service
Operations Management – Alford, 2009; Servicescape,- Bitner 1990, 2000 and
Wagner, 2000; and Service Quality; Schneider 2004.
Next Steps
Subject to feedback from partner organisation representatives from the CAA and the
Family Court, feedback from Chief Investigators associated with the Court Safety
Project and from the Third Justice and Environment Conference, the Client Service
Study will proceed to focus on collecting data from the three designated remaining
partner organisation’s websites and annual reports, and through conversations with
partner organisational representatives. This process will be used to model the
particulars of each organisation’s approach to client services and then to analyse the
patterns that appear to create safer court environments for lay court users and staff
from a client service perspective.
Some preliminary observations and questions that have been identified from the
research process thus far are presented below. These are put for the purpose of
discussion at this conference. This table should not be taken to represent the final views
of the researchers, the partner organizations that have participated in this study to date
or the C.I.s associated with this process.
12
Figure 13
Preliminary Observations and Questions About Service and Safety in our Courts
13
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