Tailoring referral recommendations

We received a complaint alleging that an officer delayed providing written reasons in two proceedings for nine months. 

We inspected the proceeding file, requested additional information from the complainant and provided the Officer with an opportunity to respond.

In responding, the Officer apologised for the delay and acknowledged that timeliness is a ‘fundamental judicial responsibility’. The Officer detailed various personal and professional challenges that contributed to the delay. For example, the Officer noted the ‘stressful’ and ‘overwhelming’ workload demands, particularly since the COVID-19 pandemic and the pressures to work through the backlogs.

We acknowledged that working across busy lists can be overwhelming and stressful, and accepted that workload pressures had been exacerbated since the backlogs caused by the COVID-19 pandemic.

We found that the Officer’s response demonstrated appropriate remorse and insight. The Officer took the matter seriously, was committed to improving their time management and ensuring such delays did not recur.

We found that the Officer’s conduct infringed the standards of conduct generally expected because:

• In the context of the type of proceeding and jurisdiction, a reasonable member of the community was likely to regard a period of 9
  months and 14 days for the provision of written reasons as an unreasonable and excessive delay.
• A delay of this nature could diminish public trust and confidence in the administration of justice.

In referring the complaint to the Officer’s head of jurisdiction, we tailored training and counselling recommendations to address the Officer’s conduct and wellbeing.