Judicial conduct

Judicial conduct concerns personal behaviour and fitness for judicial office. It is separate from appealing or reviewing the result of a case.

Who is responsible

The Lord Chancellor and Chief Justice are jointly responsible for judicial discipline within the statutory framework. A disciplinary sanction requires the agreement required by law. The Judicial Conduct Investigations Office provides administrative and investigative support but does not itself impose disciplinary sanctions.

What may amount to misconduct

Conduct matters can include dishonesty or lack of integrity, bullying, harassment or discrimination, misuse of judicial office, serious or persistent failure to observe conduct standards, misuse of confidential information, serious conflicts with judicial office, and relevant criminal conduct.

What is not a conduct appeal

A complaint that merely challenges a judicial decision, case-management decision, finding of fact, sentence, order or interpretation of law is not a conduct complaint. Any challenge must use the appeal or review route available for the case.

Judicial Conduct Investigations Office

JCIO may receive complaints and referrals, assess jurisdiction and admissibility, manage evidence, support nominated or investigating judges and panels, communicate with participants, maintain records and publish material authorised by the prescribed procedure. It must remain separate from final disciplinary decision-making.

Suspension and sanctions

Suspension is a protective measure and is not a finding of misconduct. Where misconduct is established through the prescribed procedure, the available non-removal sanctions are those authorised by law. Removal from a judicial office with parliamentary protection can occur only through the constitutional route requiring an address by both Houses.

Judicial Appointments and Conduct Ombudsman

The Ombudsman may investigate maladministration in the handling of a judicial-conduct complaint after the applicable first-stage review route has been exhausted. The Ombudsman does not determine whether the original misconduct allegation was proved and cannot act as an appeal from a judicial decision.

Guide to Judicial Conduct

The Chief Justice may issue a Guide to Judicial Conduct stating principles and expected standards. The Guide does not itself create a disciplinary sanction and does not replace the prescribed conduct procedure.