A retiring NSW Supreme Court Chief Justice says the legal system is failing Indigenous people and impeding diversity.

New South Wales Supreme Court Chief Justice Tom Bathurst retired last week, and in his last days on the job, he reflected on the changes he has seen. 

He said he will retire feeling troubled by Australia's high Indigenous incarceration rate, saying the justice system is letting Indigenous people down.

“It is a tool of injustice because there is a lack of appreciation of Indigenous customs, so in a sense it is white man's justice,” he said. 

He said the court still does not have enough women in senior roles, and that it needs to become more culturally diverse.

“That diversity means the community can feel closer to the court and it promotes trust in the court,” he said.

“People who come from different ethnic backgrounds, different gender and different sexual orientation, are part of the structure.”

Chief Justice Bathurst welcomed the use of audiovisual technology, which forced on the court by COVID-19 lockdowns.

“Communities change, so courts need to change. There are always new ideas to make the court more efficient,” he said.

He also said that he was shocked by the evidence of endemic corruption that emerged in criminal trials for former Labor politicians Eddie Obeid and Ian Macdonald.

“It shows that there needs to be a continuing vigilance of it and when it's found out, dealt with severely,” Chief Justice Bathurst said. 

He declined to give advice for his successor, Justice Andrew Bell, who takes over in coming days. 

“Sooner or later you have to work it out for yourself,” he said.