Annual Report 2016-17

49 Examining complaints Commission receives a written complaint accompanied by a statutory declaration verifying the complaint particulars Commission acknowledges receipt of the complaint and notifies the judicial officer Commission members undertake a preliminary examination of the complaint Complaint referred to appropriate head of jurisdiction who may counsel the judicial officer or make administrative arrangements within his/her court to avoid recurrence of problem. Complainant and judicial officer notified Complaint summarily dismissed on any of the grounds under s 20(1) Complainant and judicial officer notified of decision Complaint referred to Conduct Division for examination Complaint wholly or partly substantiated but does not justify removal Complaint wholly or partly substantiated and could justify removal Conduct Division reports to relevant head of jurisdiction setting out conclusions including recommendations as to steps that might be taken to deal with the complaint Conduct Division reports to Governor setting out its opinion that the matter could justify parliamentary consideration of removal Copy of report provided to judicial officer and the Commission The Attorney General lays the report before both Houses of Parliament Complainant notified of decision Parliament considers whether the conduct justifies the removal of the judicial officer from office Judicial officer not removed Judicial officer removed from office by Governor on the ground of proven misbehaviour or incapacity Complaint dismissed on any of the grounds under s 20(1) or not substantiated Complainant and judicial officer notified of decision Figure 11. How the complaints process works Formal complaints governance The Judicial Officers Act 1986 governs the Commission’s formal complaints work as well as the Judicial Officers Regulation 2012 and 2 documents, Complaints against judicial officers: guidelines 2016–17 (see Appendix 1) and Conduct Division: guidelines for examination of complaints 2016–17 (see Appendix 2).