Annual Report 2016-17

109 Endmatter: Appendices 1 Overview The objective of the Commission’s complaint function is to ensure that complaints about the ability and behaviour of judicial officers are investigated in a timely and effective manner in order to: (a) enhance public confidence in the judiciary of NSW, and (b) promote good practices and high standards of judicial performance. The Judicial Officers Act 1986 provides a means for people to complain about the conduct of a judicial officer and to have those complaints examined by an independent body. An important role of the Commission is not only to receive and examine complaints made against judicial officers, but to determine which complaints require further action. These guidelines are designed to assist people to understand the Commission’s complaint function, including the principles and procedures adopted by the Judicial Commission. The detailed provisions of the complaint function are in Part 6 of the Act. 2 Who is a judicial officer? 2.1 A “judicial officer” under the Judicial Officers Act 1986 means: • a judge or associate judge of the Supreme Court of NSW • a member (including a judicial member) of the NSW Industrial Relations Commission • a judge of the Land and Environment Court of NSW • a judge of the District Court of NSW • the President of the Children’s Court of NSW • a magistrate, or • the President of the Civil and Administrative Tribunal. 2.2 The definition of “judicial officer” includes acting appointments to a judicial office but does not include arbitrators, registrars, assessors, members of tribunals or legal representatives. 2.3 The Commission has no power to examine complaints against federal judicial officers or a person who is no longer a judicial officer. 3 Making a complaint 3.1 Who can make a complaint? A complaint may be made to the Commission by any person or may be referred to the Commission by the Attorney General. 3.2 Legislative requirements The Judicial Officers Act 1986 requires that a complaint is in writing and that it identifies the complainant and the judicial officer concerned. The Judicial Officers Regulation 2012 requires that particulars of a complaint are verified by statutory declaration and that the complaint is lodged with the Chief Executive of the Commission. 3.3 Assistance to complainants If a person cannot write, he or she may contact the Commission and assistance will be provided to put the complaint in writing. If interpreting or translation assistance from another language to English is required, the Commission will make arrangements. 3.4 Advice to the public The Commission provides further advice to the public about the complaints process through: • its website which provides an easy to understand guide to the Commission’s complaints process, detailed information about possible outcomes of complaints, and a complaints form for downloading • a plain English brochure outlining the complaints process • assistance to potential complainants with translation and interpreting services • responding to telephone and face-to-face enquiries, and • giving talks on the complaints process to interested groups. 3.5 Acknowledge receipt of complaints All complaints submitted to the Commission in proper form will be acknowledged in writing within 1 week of receipt. 4 Complaints not within the Commission’s jurisdiction 4.1 The Commission does not review a case for judicial error, mistake, or other legal ground. Reviews of those matters are the function of appellate courts. 4.2 Allegations of corruption against a judicial officer are required to be referred by the Judicial Commission to the Independent Commission Against Corruption for that body to investigate. 5 Investigating a complaint 5.1 Receipt of a complaint On receiving a complaint, the Commission will conduct a preliminary examination into the matter. In every case, the judicial officer is advised of the fact that a complaint has been made and provided with a copy of the complaint documentation. 5.2 Preliminary examination The preliminary examination of all complaints must be undertaken by Commission members at a properly constituted meeting of the Commission. The quorum for a meeting is 7 members, of whom at least 1 must be an appointed member. 1 The Commission cannot delegate the preliminary examination of a complaint except to a committee, which must consist entirely of members and include at least 1 appointed member. The initial investigation will often involve an examination of transcripts, sound recordings, judgments, court files and other relevant material. It may also involve taking statements from relevant persons. If necessary, a response to the complaint is sought from the judicial officer. 5.3 Confidentiality The preliminary examination of a complaint by the Commission will be conducted, as far as practicable, on a confidential basis. The legislative requirement of confidentiality protects the judiciary from unjust criticism and protects those who furnish information to the Commission in the course of its examination of a complaint. The proceedings of the Commission and all information and materials, written or oral, obtained by the Commission in the course of its preliminary examination are confidential. 5.4 Time standards for finalisation of investigations The Commission aims to finalise the investigation of 90% of complaints within 6 months of receipt and 100% within 12 months of receipt. Appendix 1 Complaints against judicial officers: guidelines 2016–17 1 The Governor of NSW appoints members. They are persons appointed on the nomination of the Minister. Three are persons who, in the opinion of the Minister, have high standing in the community. and 1 must be an Australian legal practioner. Appendices