The Judicial Commission of Victoria will be the first cab-off-the-rank in Victoria’s new integrity system, Deputy Premier and Attorney-General Rob Hulls announced today.
(PressZoom) - The Judicial Commission of Victoria will be the first cab-off-the-rank in Victoria’s new integrity system, Deputy Premier and Attorney-General Rob Hulls announced today.
Legislation will be introduced into Parliament today to establish the Commission, which will investigate complaints about judicial misconduct and unprofessional behaviour.
The proposed law follows substantial consultation with Victoria’s courts and legal bodies. A recommendation to set up a judicial integrity body was also contained in the Proust Review into Victoria’s Integrity and Anti-Corruption System.
Mr Hulls said the Commission would receive, assess and investigate complaints about all judges and magistrates, as well as members of the Victorian Civil and Administrative Tribunal (VCAT).
“Victoria’s judiciary is of the highest calibre but it is important that we have a robust, transparent, consistent and independent process for investigating complaints about judicial misconduct, no matter whether the allegations are of a minor or serious nature,” Mr Hulls said.
The Commission will consist of the heads of the five Victorian courts and VCAT, serving alongside four non-judicial community members
Mr Hulls said the Commission would also incorporate the current functions of the Judicial College, which delivers continuing professional development to Victorian judges and magistrates.
“The Judicial College was established in 2003 to improve access to justice and enhance the independence and professionalism of Victoria’s judiciary,” he said.
“The College has delivered a modern approach to judicial education, which will continue within the new Commission.”
Changes to the law will also give the heads of Victoria’s courts more power to ensure their respective jurisdictions perform efficiently, and provide powers to formally counsel and stand down a judicial officer in appropriate circumstances.
“ The Commission will have the power to consider complaints directly or refer it to a head of court with recommendations about how it could be resolved,” Mr Hulls said.
“If the matter is so serious that, if proved, it could warrant a judicial officer’s removal, the Commission will refer the complaint to an Investigating Panel. The Commission itself will not have a disciplinary function.”
The Investigating Panel will comprise three independent people, made up of two serving or retired judicial officers and one community member. A finding of misbehaviour or incapacity is required before Parliament can vote to remove a judicial officer.
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