Media Release: Outcome of preliminary examinations of complaints
Statement by the Hon. Ann Vanstone QC
Judicial Conduct Commissioner
Early in May I began what turned out to be a series of preliminary examinations of complaints about the conduct of a serving magistrate. I have now concluded those examinations.
I have today made a recommendation to the Attorney-General that she appoint a judicial conduct panel to inquire into and report on those complaints.
The complaints relate to incidents involving five women who worked in various capacities at the courts. The complaints span a period of about seven years. The magistrate denies impropriety.
A judicial conduct panel has not previously been appointed in this state. Under the Judicial Conduct Commissioner Act 2015, it is to consist of two judicial officers – either current or former – and a lay person. Its role is to conduct an inquiry into matters referred to it and to report to the Attorney-General. Such a report would include the panel’s opinion as to whether removal of a judicial officer were justified. It has the powers of a Royal Commission.
My own decision to make this recommendation does not involve my making factual findings about whether the alleged incidents occurred, or the circumstances of them; except to the extent necessary to inform my recommendation.
Apart from providing the materials in my files to any panel which may be convened, my role in respect of these complaints has now concluded.
I consider that it is in the public interest that I make this statement having regard to the publicity that was given to the April 2021 report by the Acting Equal Opportunity Commissioner about harassment in the legal profession and also public allegations made by a legal officer who was formerly employed in the Courts.
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For media enquiries please contact 0428 389 493 or media@icac.sa.gov.au
JCC Media Release - Outcome of preliminary examinations of complaints - 10 June 2021
Media Release: Judicial conduct
Statement by the Hon. Ann Vanstone QC
Judicial Conduct Commissioner
I am troubled by recent reports of alleged inappropriate conduct by judicial officers. I make it clear that I am not addressing any particular allegation. Rather, I am responding to the thrust of the report recently released by the Acting Equal Opportunity Commissioner, Steph Halliday (Review of Harassment in the South Australian Legal Profession).
The type of conduct described in that report should not happen in any workplace. If it does happen it should be called out and the person responsible for the conduct should be held accountable.
However making complaints about the conduct of judicial officers and having them held accountable can be complicated, as shown by Ms Halliday’s work.
The report points to serious cultural problems in the legal profession which give rise to poor behavior, in great part because of the hierarchical nature of the profession. Judicial officers sit at the top of this hierarchy.
If judicial officers regard such a culture as acceptable and bring it with them to the courts, they will face an uncertain future. The conduct of judicial officers — officers who sit in judgement on the conduct of others — should be beyond reproach. I have little doubt that this is the case for most of South Australia’s judicial officers.
It is interesting to note how few complaints are made by legal practitioners to the Judicial Conduct Commissioner. Up until last Friday I had not received any complaints that would constitute sexual harassment as defined in the Halliday report.
I do not think the absence of those complaints is because there is an absence of conduct of that type or because legal practitioners are not aware of the mechanism for making complaints. I suspect it is because of the fear of speaking up. The Halliday report cites ‘a fear of repercussions on career and work life’ and an attitude that ‘it is best not to rock the boat’.
I understand the fear but if it is not reported, it will not stop.
I call on any individuals who have experienced inappropriate conduct by a judicial officer to find the courage to make a report to me – because if not you, then who?
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For media enquiries please contact 0428 389 493 or media@icac.sa.gov.au
2019-2020 Financial Statements tabled
13 September 2020
The Judicial Conduct Commissioner's 2019-2020 financial statements have been tabled in Parliament.
2019-2020 Annual Report tabled
9 September 2020
The Judicial Conduct Commissioner's 2019-2020 annual report has been tabled in Parliament.
The publication contains the Commissioner's Report and key operational statistics.
2018-2019 Annual Report tabled
15 October 2019
The Judicial Conduct Commissioner’s 2018-2019 annual report has been tabled in Parliament.
This publication contains the Commissioner’s Report and key operational statistics.
2017-2018 Annual Report tabled
16 October 2018
The Judicial Conduct Commissioner’s second annual report was tabled in Parliament today.
This publication contains the Commissioner’s Report and key operational statistics.
2016-2017 Annual Report published
17 October 2017
The Judicial Conduct Commissioner’s first annual report was tabled in Parliament today.
This publication contains the Commissioner’s Report and key operational statistics.
JCC commences
5 December 2016
South Australia's first Judicial Conduct Commissioner commenced operations this morning at 9am.
The Commissioner receives and deals with complaints made about the conduct of serving judicial officers.
Media release: Doors open 5 December
29 November 2016
In August 2016 the Attorney-General announced that the Independent Commissioner Against Corruption,the Hon. Bruce Lander QC had been appointed South Australia’s first Judicial Conduct Commissioner.
The office of the JCC will receive complaints about the conduct of serving judicial officers.
Operations will commence Monday 5 December 2016.
