Composition and decision-making – discussion paper questions
Should the membership of a federal judicial commission include some or all of the heads of jurisdiction of the High Court of Australia, the Federal Court of Australia and the Federal Circuit and Family Court of Australia?
(maximum 750 words)
Only some. There has to be a mix from other professions.
Should a federal judicial commission have any other ex officio or appointed members? If so, how many members should constitute the commission, and what criteria and appointment processes should apply?
(maximum 750 words)
For every judge appointed, an equal number of from other professions, especially counsellors and psychologists
How should decisions of a federal judicial commission be made where the members are not able to unanimously agree?
(maximum 750 words)
The decision should be made then by the non-judicial members
Scope: judicial officers – discussion paper questions
Should a federal judicial commission be empowered to examine complaints about a justice of the High Court in addition to other federal judges?
(maximum 750 words)
yes
Should a federal judicial commission be empowered to examine complaints about a former judicial officer and, if so, in what circumstances?
(maximum 750 words)
Yes, if their decisions were biased
Grounds for considering complaints – discussion paper questions
Should a federal judicial commission be empowered to examine a complaint related to any matter that, if substantiated, the commission is satisfied: (a) may justify removal by the Governor-General in Council on an address from both Houses of the Parliament on the ground of proved misbehaviour or incapacity, or (b) warrants further consideration on the ground that it may affect or may have affected (i) the performance of judicial or official duties by the officer, or (ii) the reputation of the court of which the judge is or was a member?
(maximum 750 words)
Yes
Are there any circumstances in which a federal judicial commission should not be empowered to examine a complaint that meets one of the above criteria?
(maximum 750 words)
No
Are there any circumstances in which a federal judicial commission should be empowered to examine a complaint that does not meet the above criteria?
(maximum 750 words)
Yes, all complaints which have validity should be examined
Would it be appropriate to have any additional limitations on a federal judicial commission’s jurisdiction to handle complaints about a matter arising after the resignation of a judicial officer, or concerning conduct alleged to have occurred before the appointment of a judicial officer to judicial office or before the commencement of any enabling legislation?
(maximum 750 words)
All judicial officers have to be of the highest personal integrity and behaviour. If not squeaky clean they should not be on the bench. Dismiss them.
Avenues for receiving complaints – discussion paper questions
Should a person be able to make a complaint to a federal judicial commission anonymously, and in what circumstances would this be appropriate?
(maximum 750 words)
The reason for anonymously has to be considered. A confidential interview with the complainant is necessary to determine the reasons why. I can understand if they feel anonymity is necessary to protect themselves from harm or criticism.
A complainant has to be protected too, as does a judicial officer against malicious complaints.
Generally, anonymity when making a complaint. Not all people who make a complaint are made of steel.
So, yes, anonymous submissions can be cautiously accepted.
A complainant has to be protected too, as does a judicial officer against malicious complaints.
Generally, anonymity when making a complaint. Not all people who make a complaint are made of steel.
So, yes, anonymous submissions can be cautiously accepted.
Should it be open to professional bodies to make complaints to a federal judicial commission? If so, should any limitations apply?
(maximum 750 words)
Yes, without limits.
Should any person be able to make a complaint to a federal judicial commission with a request for confidentiality regarding the particulars of the complaint, or the identity of the complainant?
(maximum 750 words)
A complaint with substance can still be made without revealing the identity of the complainant. We all know there can be repercussions and vindictiveness against a complainant.
The particulars of the complaint have to be revealed in order for the judicial officer to have a chance to respond.
The particulars of the complaint have to be revealed in order for the judicial officer to have a chance to respond.
Should a federal judicial commission have the discretion to: (a) consider multiple complaints together, and (b) take into account repeat conduct of the same or similar nature in relation to the same judicial officer, and if so, should any limitations apply?
(maximum 750 words)
yes multiple complaints together and no limitations.
Should a federal judicial commission have the discretion to initiate an investigation on its own motion if it considers a matter would otherwise meet its thresholds for consideration if it were the subject of a complaint?
(maximum 750 words)
yes
Should consideration be given to providing a federal judicial commission with express powers to declare a person to be a vexatious complainant?
(maximum 750 words)
no comment
Actions a commission may take – discussion paper questions
Should the grounds on which a federal judicial commission may appoint an ad hoc investigatory panel to investigate and report on a complaint be expressly limited to matters that a commission considers could, if substantiated, justify removal from office? Alternatively, would it be appropriate for a federal judicial commission to have the discretion to establish an ad hoc investigatory panel to investigate and report on a complaint if the commission considers such an investigation to be appropriate in the circumstances?
(maximum 750 words)
yes
Should the identity of judicial officers, the subject matter of complaints, and/or the findings or recommendations made by a federal judicial commission or ad hoc investigatory panel be made publicly available? If so, at what stage in the complaints process and on what, if any, conditions?
(maximum 750 words)
I'm in favour of "name and shame" those judicial officers who do the wrong thing.
Composition of an investigatory panel – discussion paper questions
How should an ad hoc investigatory panel established by a federal judicial commission be constituted? What criteria and appointment processes should apply?
(maximum 750 words)
Should be constituted by counsellors, psychologists and mediators
Powers of the commission and an investigatory panel – discussion paper questions
Would it be appropriate for a federal judicial commission to have the same powers as an ad hoc investigatory panel established by the commission, including the ability to issue summonses and examine witnesses? If not, how and why should the powers of the commission differ from the powers of an investigatory panel?
(maximum 750 words)
It is not necessary to put people through another investigation. It is not necessary to have another trial upon a trial causing such trauma. People are not all made of steel.
Intersection with other bodies and processes – discussion paper questions
How could a federal judicial commission best complement or support the role of existing judicial education bodies, such as the National Judicial College of Australia and the Australasian Institute of Judicial Administration?
(maximum 750 words)
All judicial officers require training in non-legal matters such as the personal cost of legal matters, that is, the trauma families have to deal with.
Lawyers can be brutal and lack humanity. Judicial officers and lawyers are frequently unaware of the trauma people go through when dealing with lawyers, courts and judges.
There is more to law than just legalities, processes and procedures. Judicial officers and lawyers need to wake up their empathy and humanity. This is where educational bodies need to focus.
Lawyers can be brutal and lack humanity. Judicial officers and lawyers are frequently unaware of the trauma people go through when dealing with lawyers, courts and judges.
There is more to law than just legalities, processes and procedures. Judicial officers and lawyers need to wake up their empathy and humanity. This is where educational bodies need to focus.
Should complainants be able to rely on evidence resulting from a complaints process, or the findings or recommendations made by a federal judicial commission, in other proceedings?
(maximum 750 words)
yes