What is a Judicial Commission?
In general terms, Judicial Commissions inquire into and examine the most serious complaints about judicial behaviour, conduct and/or capacity. If a Judicial Commission is appointed in respect of a complaint, then the judicial officer subject of the Judicial Commission inquiry is excused from judicial office and is not to perform any function or exercise any power, connected with the relevant judicial office that they occupy.
How is a Judicial Commission established?
Judicial Commissions can be appointed by the Judicial Council to deal with the more serious complaints about judicial conduct as outlined in the Judicial Commissions Act 2024.
The Judicial Council can refer complaints to a Judicial Commission if the Judicial Council is satisfied on reasonable grounds that a complaint about a judicial officer:
- has reasonable prospects of being wholly or partially substantiated; and
- the complaint is of a nature that might justify the removal of the relevant judicial officer from office.
If the above points are satisfied, then the Judicial Council can appoint a Judicial Commission to inquire into and examine a complaint.
Both Houses of Parliament can also pass a resolution for an inquiry into a matter that relates to a judicial officer to facilitate the appointment of a Judicial Commission.