Annual Report 2016-17

Judicial Commission of NSW – Annual Report 2016–17 50 Case studies The judicial officer made inappropriate comments The complaint The complainant was the mother of a young person who appealed to the Local Court against the suspension of her provisional driver’s licence. She was 17 years of age at the time of the hearing, self-represented and accompanied at court by her mother. She alleged that the magistrate made inappropriate comments, and bullied and belittled her daughter while she was trying to present her case to the court. The Commission’s examination The Commission reviewed the sound recording of the hearing and considered the complainant’s submissions. It also considered the judicial officer’s response. After examininging the information before it, the Commission was of the view that, while the conduct did not amount to bullying and belittling behaviour, the comments made to the young person were inappropriate, insensitive and discourteous. The Commission was further of the view that the judicial officer’s attempt at humour was out of place in a courtroom. It was determined that the complaint was substantiated and should not be dismissed. The matter was referred to the Chief Magistrate. Allegation of failure to give a fair hearing The complaint The complainant was a respondent to an application for an apprehended violence order heard in the Local Court. He represented himself and complained that the magistrate had been rude and angry towards him. Further, it was alleged that the complainant did not have the opportunity to adequately present his case to the court. The Commission’s examination The Commission dismissed the complaint after reviewing the sound recording and transcript of the hearing. The investigation confirmed that the judicial officer had given the complainant such assistance as was appropriate for a self-represented person. The magistrate had allowed the complainant every opportunity to put his case and to challenge the evidence brought by the prosecution. The Commission found no suggestion, in either the transcript or sound recording, that the judicial officer was in any way rude or angry with the complainant. In the Commission’s opinion, the magistrate had acted objectively and judicially at all times during the proceedings. The Commission found no wrong conduct and also noted that an appeal was available to the District Court. In those circumstances, the Commission was required by its legislation to dismiss the complaint. Complaint about a retired judicial officer The complaint The complainant alleged a magistrate in civil proceedings in the Local Court had not given the complainant a fair hearing and had failed to follow proper procedure. The hearing was conducted several years before the complaint was made. The Commission’s examination Although the complaint was received by the Commission in proper form, the examination did not commence because the Commission was advised that the magistrate had retired and had not been re-appointed in an acting capacity. In those circumstances, the Commission could not investigate the complaint. The Commission has no jurisdiction over a former judicial officer. The Judicial Officers Act 1986 requires the Commission to dismiss a complaint if the person complained about is no longer a judicial officer. While this outcome may be disappointing for a complainant, the Commission has no statutory power to deal with the complaint. For more information about the complaints process and how to make a complaint, see our public website at www.judcom.nsw.gov.au.