The Judicial Commission of NSW is an independent body that reports to the Parliament of NSW. It offers education and training for judicial officers and publishes information on criminal law to help courts impose consistent sentences and properly conduct criminal proceedings. The Commission also handles complaints about the ability or behaviour of judicial officers to ensure public confidence and uphold high standards of judicial conduct. The Commission investigates complaints efficiently but does not discipline judicial officers.
What types of complaints can you make?
You can make complaints about the conduct or ability of NSW judicial officers, including issues like:
- Failed to give a fair hearing
- Showed bias
- Was incompetent
- Made inappropriate comments or questions
- Engaged in collusion
- Displayed discourtesy
- Unreasonably delayed matters
Jurisdiction:
You can file a complaint about a judge's behaviour or ability anywhere in NSW.
Time Limitations:
You can make a complaint at any time, but the Commission may decide not to act if the conduct happened too long ago, especially if the judge has retired.
You cannot complain to this body about:
- Complaints about anyone who is not a current NSW judicial officer.
- Conduct that occurred before someone was appointed as a judicial officer.
- Matters involving a judicial officer who has retired or left office.
- Judicial officers from other jurisdictions (state, territory, or federal).
- Allegations of judicial error or mistake (cases that would lead to a review).
- Allegations of criminal or corrupt conduct by a judge.
Exercise of Discretion:
The Commission can choose not to act on every complaint. It will dismiss complaints if:
- They are frivolous, vexatious, or not in good faith.
- The subject matter is trivial.
- The conduct occurred too long ago.
- There was another satisfactory way to resolve the complaint, such as an appeal or review.
Who can you make a complaint against?
You can make a complaint against current NSW judicial officers, including:
- Judges or associate judges of the NSW Supreme Court
- Members of the NSW Industrial Relations Commission
- Judges of the NSW Land and Environment Court
- Judges of the NSW District Court
- Magistrates
- The President of the NSW Children's Court
- The President of the NSW Civil and Administrative Tribunal (NCAT)
You cannot complain about retired NSW judicial officers, federal judicial officers, arbitrators, registrars, tribunal members, solicitors, or barristers.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint about the ability or behaviour of a NSW judicial officer.
Before you lodge a complaint:
No steps are required before making a complaint.
Complaints on someone else's behalf:
You can only make complaints on your own behalf and must verify the complaint and your identity by statutory declaration.
What can this body do to help?
The Commission can:
- Dismiss: Close complaints that are not actionable.
- Referral to Head of Jurisdiction: Refer complaints to the relevant court jurisdiction head for review and handling.
- Referral to Conduct Division: For serious complaints, refer to the Conduct Division for investigation. This division can recommend disciplinary actions, including removal of the judicial officer if justified.
How to prepare your complaint
Your complaint should be:
- In Writing: Verified by statutory declaration.
- Personal Details: Include your name, address, and contact details.
- Respondent’s Details: Specify the judicial officer’s name and court.
- Relevant Facts: Include as much information as possible, such as what happened, when, where, and why you think it is a problem. Include any supporting documents.
Avoid abusive language, opinions, and irrelevant details.
Lodging your complaint and next steps:
You can lodge your complaint via:
- Online: Use the complaint form on the Commission's website, or found here.
- Post: GPO Box 3634, Sydney NSW 2001
- Email: complaints@judcom.nsw.gov.au
Next steps:
- Acknowledgement: Your complaint will be acknowledged in writing within one week of receipt.
- Preliminary Examination: The Commission reviews the information, may contact you or the judicial officer for more details, and examines relevant materials.
- Decision: The Commission may summarily dismiss the complaint, refer it to the relevant head of jurisdiction, or refer it to the Conduct Division.
- Notification: You and the judicial officer will be informed in writing of the Commission's decision.
For more information or assistance, visit the Commission’s website, call 02 9299 4421, email judcom@judcom.nsw.gov.au, or visit their office at Level 5, Carrington Street, Sydney NSW 2000.
More information:
Refer to the factsheet provided below for more information.
