Judicial Conduct Commissioner Act 2015

The Commissioner may determine to dismiss a complaint without taking any further action if satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.

Without limiting the operation of subsection (1), reasons why further consideration of a complaint would, in all the circumstances, be unjustified, may be, or include, all or any of the following that apply to the complaint:

that the complaint has been resolved to the complainant's satisfaction following an explanation from the judicial officer who is the subject of the complaint;

that the complaint is genuine and made in good faith, but is based on a misunderstanding;

that the Commissioner, having started the preliminary examination required by section 13, has concluded that there is no reasonable prospect of there being available to him or her information that would enable the complaint to be substantiated;

that the Commissioner has requested further information from the complainant and the complainant has refused to provide such information or has failed to provide such information within a reasonable time;

that the Commissioner has previously considered the subject matter of the complaint;

that the Commissioner has determined that the subject matter of the complaint could not, if substantiated, warrant the taking of any action under this Act.

The fact that a complaint has been resolved to the complainant's satisfaction because of an apology by the judicial officer who is the subject of the complaint is not, by itself, a reason why further consideration of a complaint would, in all the circumstances, be unjustified.

If the Commissioner exercises his or her power to dismiss a complaint under this section, he or she must give any complainant, the judicial officer who is the subject of the complaint and the relevant jurisdictional head written notification stating—

that the Commissioner has exercised that power; and

the grounds on which he or she is satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.