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.