Pacific Judicial Development Program

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• Newsletter No 6 (pdf) - June 08
• Newsletter No 5 (pdf) - March 08
• Newsletter No 4 (pdf) - Dec 07
• Newsletter No 3 (pdf) - Sep 07
• Newsletter No 2 (pdf) - June 07
• Newsletter No 1 (pdf) - March 07

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Responsive Fund

Acronyms

1. CJ - Chief Justice
2. NZAID - New Zealand Agency for International Development
3. NZD - New Zealand Dollars
4. PEC - Program Executive Committee
5. PC - Program Coordinator
6. PD - Program Director
7. PIC - Pacific Island country
8. PJDP - Pacific Judicial Development Program
9. RF - Responsive Fund
10. SFM - Senior Faculty Member
11. SP - Service Provider

Overview

Although the PJDP has a regional focus it is acknowledged that some activities may be better addressed at a national level. In particular, where activities and initiatives can to be shared with judiciaries from other Pacific Island Countries (PIC), and perhaps adapted for use elsewhere in participating PICs, with potential to benefit the region as a whole. The PJDP Responsive Fund (RF) is an incentive based mechanism designed to respond to PIC needs and support initiatives which strengthen governance and rule of law in PICs through enhanced access to justice and professional judicial officers who act independently according to legal principles and to support enhancements to the professional development of judicial and court officers and the systems and processes they use. Accordingly the RF is available to provide targeted funding for PIC judiciaries that are vigorously pursuing strategies and objectives contained in the broader aims of PJDP and are positioned to embrace further institutional strengthening and sustainable improvements. The RF has been established to provide a mechanism by which the PJDP can respond in a flexible, innovative manner to PIC member needs and priorities as they are identified. The RF allows for timely support to local/sub-regional additional requirements in between PJDP annual planning cycles, or where emerging relevant priorities have been identified. Specific guidelines and criteria for implementing the RF are provided and these include provision for contribution from PICs in receipt of financial support through the RF. Proposals for funding through the RF will be assessed and prioritised, then processed with provision for feedback on all applications. Implementation of the RF will be monitored and a report prepared for the Program Executive Committee (PEC). RF funding is limited, therefore it may not be possible to fund all applications received.

Aim

The aim of the RF is to facilitate access by PIC judiciaries to incentive based funding and technical assistance for specific initiatives that directly support and are consistent with the objectives of the PJDP.

Principles

The RF is based on the following principles:

1. Supporting commitment by individual PIC judiciaries to the goal and purpose of the PJDP;
2. Transparent, robust and rigorous processes;
3. Providing incentives for improved sustainable effectiveness and performance in judicial systems;
4. Providing a platform for locally led training and development;
5. Providing assistance to activities for the judiciary that support gender equity and human rights initiatives, ensuring women and young people, the poor and disadvantaged gain equitable access to development funds;
6. Demonstrating organisational capability in planning and implementing RF activities, and in providing timely invoices to the PJDP for payment;
7. Demonstrating ownership and commitment to the activity through significant contribution by the relevant PIC judiciary to the successful implementation of the activity; and
8. Evaluating and sharing with other PICs the effectiveness of initiatives.

Criteria

All applications made under the RF will be assessed against the following criteria:

1. Where a national development framework for the sector exists, that the activity fits within that framework. Where a national development framework is not in place, the activity contributes to the strategic direction as identified by the PIC Chief Justice or head of the relevant judiciary, as appropriate.
2. The application must have the support of both the Chief Justice and the National Coordinator of the applying PIC.
3. The activity enhances the professional competence of judicial officers and court officers or the processes and systems that they use.
4. The activity recognises and addresses cross cutting concerns where appropriate.
5. The activity is not likely to go ahead without external funding and the application demonstrates that the activity will be implemented in a way that is cost effective.
6. The activity clearly identifies achievable outcomes which are measurable.
7. The application has clearly identified the anticipated outcomes that are consistent with the goal and purpose of PJDP and provides a method for measuring those outcomes.
8. The activity will be completed within a 3 month time frame.
9. The PIC has identified an authorised person(s) who has the capacity to, and will be responsible for, the preparation and management of the activity's budget as well as the transparent acquittal of funds to NZAID requirements.
10. The activity will be sustainable in the future and contribute to the aims of the PJDP (recommended)
11. Where the activity is capacity building or training then the application should demonstrate that the training will be conducted by person(s) with the appropriate and relevant skills; is targeted at a level appropriate for the proposed participants and that the participants have the necessary prerequisites or experience to derive benefit from the activity.
12. The PIC can demonstrate ownership of and commitment to the activity and can demonstrate the contribution that the PIC will make to the successful implementation of the activity.
13. The application must demonstrate that other activities or initiatives within the sector being implemented locally or with the assistance of other agencies or donors that have overlapping mandates have been considered to ensure that there is coordination and consistency between activities to enhance harmonization and aid effectiveness.

Restrictions

Although areas of potential assistance through the RF are broad, assistance will NOT be provided as a substitute for major capital expenditure or recurrent operational costs such as salaries, telephone/internet bills, motor vehicles or for any activity related expenses that are already provided for under any existing funding arrangement or agreement. The maximum funding available per application is NZD $10,000. Funding will be limited to two applications per year per applicant.

How to Apply

The submission of any proposal to the PJDP can be made in writing (includes email and facsimile) using the PJDP Responsive Fund Application Form. Applications are to be addressed to Helen Burrows, the Program Coordinator (PC):

More information and additional applications are available from the PC.

When to apply

Please ensure that your application is received by PJDP at least 1 calendar month before funding is required to conduct activities. In the event that the Selection Committee regards one or more criteria as not being met by the proposal, the Committee requires sufficient time to revert to the applicant PIC for further details and/or amendments to the proposal. Further, in the event that the proposal requests the assistance of technical expertise from outside the applicant PIC, the PJDP team require sufficient time to locate and secure the services of an appropriate technical expert.

Format for Application

In order to be considered for assistance under this scheme a PIC judiciary must first provide the following (which is outlined in the RF Application Form):

1. Aims and objectives of the proposed assistance and how the proposal is consistent with the goals and objectives of the PJDP.
2. A concise description of the proposal providing details of the nature of the assistance, and a plan (with timelines if appropriate) for the various stages of development and implementation.
3. Where the proposed activity fits within the national development framework and/or within national priorities as agreed between the Chief Justice and National Judicial Committees.
4. Does the proposed activity assist in achieving the stated outcomes?
5. Anticipated benefits to be gained from implementation of the initiative.
6. How will participants for the activity be selected?
7. Explanation of how the proposed assistance will benefit gender equity and/or human rights in the judicial system.
8. Evidence of sustainability that will preferably generate internal incentives for change and performance enhancement and how that will be achieved.
9. A description of the expected performance targets and how their achievement will be measured.
10. A detailed budget for the proposal, listing and justifying all items of expenditure and supported by quotations if available.
11. Details of any other funding committed or obtained from any other source in respect to the request for assistance that is being made.
12. Details of the contribution to the initiative that will be provided by the PIC agency requesting funding support;
13. Details of how activities and budgets will be monitored, evaluated and reported on; and
14. Certification by the Chief Justice and the National Coordinator of the judiciary making the request.

Administrative Procedure

Upon receipt of any application for assistance, the Program Coordinator (PC) will acknowledge receipt of each application to the applicant. The Approval Committee will meet approximately every two months, or as necessary to assess and consider each application against the previously outlined criteria and either:

1. Approve the application;
2. Reject the application;
3. Defer the application for consideration at some later time; or
4. Refer the application back to the court for additional work/information for consideration at some later time.

The Program Coordinator will minute the meetings/discussions and advise applicants in writing of the Approval Committees decision providing a full explanation in writing for the decision. Decisions should provide details of the assessment of the application against the RF criteria. The minutes of the meeting will not be made available with decisions. In making their application, applicants acknowledge the following:

1. While careful consideration will be given to each application, it may not be possible to assist applicants to the extent requested, even if the application meets the RF criteria;
2. The final decision on applications and the level of funding provided is at the discretion of the Approval Committee and
3. The decision of the Approval Committee shall be final and not subject to negotiation or legal challenge.

Approval Committee

The Approval Committee will be comprised of:

The Approval Committee will provide 6 monthly reports to the PEC outlining the applications that have been received, the decisions of the AC and reports on how activities that have been approved are proceeding. The Program Coordinator will draft reports for the consideration and approval of the Senior Faculty Member (SFM) then the Program Director (PD) for submission to the PEC. The reports will cover the rationale for funding specific activities and periodic updates based on monthly updates provided by the PIC to the PC.

Funding

The level of funding for each application must not exceed NZD 10,000 and be limited to two applications per year per applicant.

Applications for funding must be used only for the purposes for which funding approval has been granted. Following approval a contract will be drafted and signed between Global Justice Solutions (Pacific) Pty Ltd and the applicant detailing the scope, budget and any schedules of the activity, including when the initiative will be completed and acquittal and narrative reporting requirements. This date will not extend beyond the end date of the Service Provider's (SPs) contract with NZAID for the PJDP.

The SP will establish a ledger account identified by the name of the applicant and allocate a budget in line with the approved level of funding. The applicant will be reimbursed for their actual expenditure. If the applicant is not able to access the funds required to implement the activity, the applicant will send all invoices for the payment of RF activities, goods and services directly to the Program Coordinator (PC). Where possible the PIC should obtain the bank account details of the provider including:

The PC will send the applicant a cheque or money order, or arrange direct electronic transfer for payment. Successful applicants will be required to maintain accurate and comprehensive financial records of all transactions which will be sent to the PC upon completion of the activity. The SP will provide these records to NZAID as part of its acquittal process.

Reporting of Activities

It is anticipated that activities will last no more than three months. The applicant PIC is required to submit a report to the PC on progress of the activity on an agreed basis and no less than monthly. Final reports, the template for which will be provided by the PC, including fully acquitted accounts, are to be received by the PC within two weeks of the conclusion of the activity. The Approval Committee and with applicant will establish any specific monitoring and evaluation arrangements at the time of the approval of the funding for the particular activity.

Accounts are to include:

1. A completed Acquittal of Advance form to be provided by the PC;
2. The actual expenditure acquitted against the initial budget;
3. Original copies of receipts for all expenditure;
4. Any additional information as requested by the PC

Responsive Fund Flowchart

Responsive Fund Application Form