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In summary the six proposals were: There should be a formal system for investigating complaints against judicial oficers. A judicial commission should be established to administer the formal system, generally based on the similar body operating in New South Wales.
To protect that confidentiality access to any documents that relate to a complaint being dealt with in the Court is not available under the Freedom of Information Act 1982. A party may express concerns or complaints about delay in the delivery of a judgment.
2.1 As noted in chapter 1, the key provisions of the Judicial Complaints Bill would establish a framework to enable the heads of jurisdiction of the Federal, Family and Federal Magistrates Courts, to manage complaints that are referred to them regarding judicial officers.
Proposals 1. Establish Formal Complaints system the Commission proposes that a formal system for investigating and dealing with complaints against judicial oficers in Western australia be established by legislation. the society supports this proposal.
The second bill, the Courts Legislation Amendment (Judicial Complaints) Bill 2012 gives a legislative basis for a largely non statutory framework to assist the chief justices of the Federal Court, the Family Court and the chief federal magistrate to manage complaints within their courts.
A Federal Judicial Commission (Commission) would assist to provide a clear and structured framework for responding to such complaints, and if established appropriately, will serve to promote public trust and integrity in the complaint-handling process.
It does, however, offer a process by which complaints by a member of the public about judicial conduct can be brought to the attention of the Chief Justice and the judge concerned, and it provides an opportunity for a complaint to be dealt with in an appropriate manner.
As I describe below, the last decade has seen a rapid expansion of formal judicial complaints processes in Australia, with new bodies in Victoria, South Australia (‘SA’) and the Northern Territory (‘NT’) joining the older bodies in New South Wales (‘NSW’) and the Australian Capital Territory (‘ACT’).
29 thg 9, 2022 · Implementation of these recommendations by Government, following further consultation, will support litigant and public confidence in judicial impartiality and strengthen institutional structures to support judges and address systemic biases.
11 thg 12, 2012 · Courts Legislation Amendment (Judicial Complaints) Act 2012 No. 187, 2012 An Act to amend the law relating to complaints about Judges and Federal Magistrates, and for other purposes [Assented to 11 December 2012]
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