All references to the 'JCC Act' on our website are to the Judicial Conduct Commissioner Act 2015.
You can complain about the conduct of a serving judicial officer.
Under the JCC Act, conduct of a judicial officer includes any act or error of theirs, whether or not it occurred in the course of carrying out their judicial officer duties or if the conduct is a result of an illness or incapacity.
The Commissioner cannot deal with complaints relating to judgments, orders or any other decision made by a judicial officer in legal proceedings.
Judicial officers include:
- Judges and Masters of the Supreme Court
- Judges and Masters of the District Court
- Magistrates
- Special Justices
- Other people who exercise judicial functions and who are appointed to an office that may only be occupied by a Judge, Master, Magistrate or a person with other legal qualifications.
No, the JCC Act requires a complaint about someone who is no longer a judicial officer to be dismissed.
As long as you meet the requirements, yes.
Yes, your legal representative can make a complaint on your behalf.
No, the JCC Act requires that a complaint includes your name
However, a complaint doesn't need to be made by the person who witnessed the conduct.
If you are concerned about making a complaint, we encourage you to contact us and discuss your concerns.
Visit our, Make a complaint page.
Yes, the JCC Act requires a complaint to be made in writing.
It is an offence to make a complaint knowing that there are no grounds.
It's also an offence to make a statement to the Commissioner that is false or misleading.
After a complaint is made, we will conduct a preliminary examination and the Commissioner will decide whether to:
- refer the complaint to the Office for Public Integrity;
- refer the complaint to the judicial officer who is the jurisdictional head and recommend the action that should be taken;
- recommend the appointment of a judicial conduct panel to investigate the conduct;
- make a report to Parliament;
- or take no further action or dismiss the complaint.
The Commissioner has no power to investigate complaints beyond conducting a preliminary examination. The Commissioner conducts a preliminary examination of each complaint for the purpose of determining what should be done. He has no power to make findings against a judicial officer or to discipline, punish or prosecute them.
If the Commissioner decides to refer a complaint to the relevant jurisdictional head, they must report back to the Commissioner on the action taken.
If the Commissioner decides to recommend that the Attorney-General appoint a judicial conduct panel, that panel has the power to inquire into and report on the subject matter of a complaint.
The person who has primary responsibility for the administration of the court and has power to issue requirements to a judicial officer who is the subject of a complaint.
Each judicial body has a person who has primary responsibility for that body. For example, the Chief Magistrate is the principal officer of the Magistrates Court and is responsible for the administration of that court. The Chief Magistrate has the power to issue requirements to all Magistrates and Special Justices who hear matters in the Magistrates Court.
Where a complaint is about a judicial officer who is a jurisdictional head, the relevant jurisdictional head is the Chief Justice of the Supreme Court of South Australia.
No, the Commissioner cannot review or overturn a decision made by a judicial officer.
The JCC Act specifically states that ‘it is not a function of the Commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a judicial officer in relation to any legal proceedings.'
The Commissioner must dismiss a complaint if it would require them to challenge or question a judgment, order or other decision made by a judicial officer in legal proceedings.
If the Commissioner prohibits publication of information or evidence relating to a complaint, you will not be able to publicise that you made a complaint. This includes in the newspaper, on the radio, on social media or by similar means.
If information has been disclosed to you by the Commissioner’s staff for the purpose of dealing with your complaint, you cannot disclose that information for any other purpose.
Yes, you can make a complaint during court proceedings.
The judicial officer who the is subject of the complaint may request that the Commissioner postpones consideration of the complaint until court proceedings are completed.
If the Commissioner is satisfied that consideration of the complaint could in any way disrupt or influence a court hearing, they must postpone the consideration of the complaint.
