Scoping the Establishment of a Federal Judicial Commission

Overview

The Australian Government is considering the merits and design of a federal judicial commission that could independently examine and deal with complaints made to it about federal judges. This scoping work was announced by the Attorney-General, the Hon Mark Dreyfus KC MP, on 25 October 2022 in the context of the 2022-23 Budget.

On 29 September 2022, the Government published its response to the Australian Law Reform Commission’s (ALRC) 2021 report, Without Fear or Favour: Judicial Impartiality and the Law on Bias (ALRC Report), agreeing in-principle with the ALRC’s recommendation that the Australian Government should establish a federal judicial commission. 

The establishment of a federal judicial commission would follow the creation of similar bodies in five of Australia’s states and territories. A federal judicial commission would complement the National Anti-Corruption Commission which will commence operation this year, further building on the Australian Government’s strong commitment to integrity, fairness and accountability across all areas of government.

The Government invites submissions on the model and key features of a federal judicial commission, addressing the questions and themes set out in the discussion paper.

Responses can be provided via an online survey or in a written submission addressing the questions raised in the discussion paper.

Online submissions can be made by clicking on 'Make a submission' below and navigating through the survey questions.

Written submissions can be uploaded by clicking 'Make a submission' below and navigating to ‘Upload a written submission’. Alternatively, written submissions can be sent by email to submissions.federaljudicialcommission@ag.gov.au.

You do not need to answer every question. You are welcome to only respond to those questions that are relevant to you or your organisation.

Why we are consulting

The Australian Government has not yet made any decisions on the merits and policy design of a federal judicial commission. Responses to this discussion paper will be considered by the Attorney-General’s Department to inform advice to Government in relation to the merits and design of a model. The Attorney-General’s Department may utilise this process to identify interested individuals and organisations for further consultation in relation to the development of any model for a federal judicial commission.

Who we want to hear from

This consultation seeks views from stakeholders and interested members of the public on the model and key features of a federal judicial commission.

If you have any issues when responding to the questions or to uploading your submission, email submissions.federaljudicialcommission@ag.gov.au.