Complaints about the behaviour and capacity of judges and magistrates will be investigated by an independent watchdog, under new legislation to be introduced to WA parliament this week.
The legislation would see the establishment of a nine-person Judicial Commission, which would handle complaints about the state’s judicial officers.
Complaints could include bullying or harassment by judges and magistrates, inappropriate comments they’ve made to a witness or legal practitioner and their mental capacity.
WA’s Attorney-General Tony Buti said the commission would provide “transparency and confidence” in the state’s judicial system.
“We have great judicial officers in Western Australia, but there also has to be confidence that any complaints that may be made about their behaviour or their capacity to do their job, can be properly investigated,” he said.
Any person or organisation can make a complaint, but the commission will not be able to investigate the merits of a decision or sentence.
That will continue to go through the appeals process.
Attorney-General Tony Buti said the commission would operate independently from government. (ABC News: Mya Kordic )
How will complaints be handled?
The commission will be made up of nine members, with six heads of jurisdiction, three community members — one of which will be a legal practitioner — and a director.
Complaints could be dismissed, referred to a head of jurisdiction or, in serious cases, be given to an independent investigating panel.
The panel would be “appointed as needed” and include two current or retired judicial members and one “high-standing” member of the community.
The commission would investigate judges from all jurisdictions, including the Supreme and District courts. (ABC News: Mya Kordic )
If misbehaviour is proven by an investigating panel, it would be reported to the attorney-general, who would table a report in parliament.
The state government said if both houses agree, the parliament could recommend to the governor the judicial officer be removed from office.
Dr Buti said the commission would be separate from government.
“It is independent, we do not become involved until they decide to hand a report to government,” he said.
WA brought in line with other states
The establishment of a Judicial Commission would bring WA in line with most other states and territories.
The attorney-general said there had been extensive consultation with the heads of jurisdiction after the idea was first floated in 2022.
“It’s needed because the judiciary have asked for it themselves, the Law Reform Commission recommended it in their report on the judiciary some years ago,” Dr Buti said.
Dr Buti said the legislation was also intended to educate judges about how to deal with certain cases.
“We also want to educate judges in regard to how they should appropriately deal with matters such as domestic violence or other instances that come before them.”
If the legislation is passed, the commission would be established by the start of 2027 and operational by the end of that year.
The shadow attorney-general and Law Society of WA have been contacted for comment.
