DISMISSING A COMPLAINT
The Commissioner must dismiss a complaint if:
- The complaint is not within the Commissioners jurisdiction;
- The complaint has no bearing on judicial functions or judicial duties;
- The complaint is frivolous, vexatious, or not in good faith;
- The subject matter of the complaint is trivial;
- The complaint is about a judicial decision, or other judicial function, that is or was subject to a right of appeal or right to apply for judicial review;
- The person who is the subject of the complaint is no longer a Judge;
- The subject matter of the complaint was considered before the commencement of the Act by the Head of Bench or the Judicial Complaints Lay Observer; or
- The Commissioner has previously considered the subject matter of the complaint, and there are no grounds to justify referring the complaint to a Head of Bench, or recommending that the Attorney-General establish a Judicial Conduct Panel.
When the Commissioner dismisses a complaint he or she will write to both you and the Judge to explain why.