Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

16 Commissioner must dismiss complaints that fail to meet required threshold

(1)

The Commissioner must dismiss the complaint if the Commissioner is of the opinion that—

(a)

the complaint is not within the Commissioner’s jurisdiction; or

(b)

the complaint has no bearing on judicial functions or judicial duties; or

(c)

the requirements of sections 12 and 13 have not been met; or

(d)

the complaint is frivolous, vexatious, or not in good faith; or

(e)

the subject matter of the complaint is trivial; or

(f)

the complaint is about a judicial decision, or other judicial function, that is or was subject to a right of appeal or right to apply for judicial review; or

(g)

the person who is the subject of the complaint is no longer a Judge; or

(h)

the subject matter of the complaint was considered before the commencement of this section by the Head of Bench or the Judicial Complaints Lay Observer; or

(i)

he or she has previously considered the subject matter of the complaint, and the complaint fails to raise any issue of significance that he or she has not previously considered.

(1A)

The Commissioner has previously considered the subject matter of the complaint for the purposes of subsection (1)(i) if he or she has exercised his or her power under section 15A to take no further action in respect of the complaint.

(1B)

Subsection (1A) does not limit subsection (1)(i).

(2)

If the Commissioner dismisses a complaint under this section, he or she must give the complainant and the Judge who is the subject of the complaint written notification stating—

(a)

that the complaint has been dismissed; and

(b)

the grounds on which that decision was made.

Compare: Judicial Officers Act 1986 s 20 (NSW)

Section 16(1): amended, on 26 March 2015, by section 5(1) of the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 (2015 No 16).

Section 16(1)(i): replaced, on 26 March 2015, by section 5(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 (2015 No 16).

Section 16(1A): inserted, on 23 March 2010, by section 12(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 16(1B): inserted, on 23 March 2010, by section 12(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).