Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 17

Mandatory dismissal of complaint

In force
Part 3Complaints
Division 2Preliminary examination of complaint

17 Mandatory dismissal of complaint

(1)

The Commissioner must dismiss the complaint if he or she is of the opinion that—

(a)

the complaint is not within the Commissioner's jurisdiction;

or

(b)

the complaint has no bearing on judicial functions or judicial duties; or

(c)

the complaint—

(i)

has been made for an improper purpose (including an attempt to harass or intimidate a judicial officer in the appropriate exercise of his or her duties); or

(ii)

is otherwise frivolous, vexatious, or not in good faith;

or

(d)

the subject matter of the complaint is trivial; or

(e)

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 or dealing with the complaint would otherwise require the

Commissioner to exercise functions referred to in section 6(3); or

(f)

the person who is the subject of the complaint is no longer a judicial officer.

(2)

The Commissioner may dismiss the complaint if he or she is of the opinion that the complaint has not been made in accordance with this

Act.

(3)

If the Commissioner dismisses a complaint under this section, the

Commissioner is not required to give any notification in relation to the complaint to the judicial officer who is the subject of the complaint or to the relevant jurisdictional head but must give any complainant written notification stating—

(a)

that the complaint has been dismissed; and

(b)

the grounds on which that decision was made.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.