Who can make a complaint?
Any member of the public or the legal profession can make a complaint to the Commission.
The Law Institute of Victoria and the Bar Association can also refer complaints on behalf of their members without disclosing the identity of the complainant.
In addition, complaints can be referred by the head of jurisdiction of a court, the Attorney-General or the Independent Broad-based Anti-Corruption Commission (IBAC).
What type of complaints can the Commission investigate?
The Commission can investigate complaints about the conduct or capacity of judicial officers and VCAT members. For example:
- excessive delay in handing down a judgment
- inappropriate remarks made in the courtroom
- health issues which may affect the officer’s ability to perform their official functions
The Commission can’t investigate certain matters including:
- the correctness of a decision made by a judicial officer or VCAT member (if you wish to challenge the correctness of a decision you may wish to seek independent legal advice about whether you have rights of appeal or review)
- persons who are no longer judicial officers or VCAT members
- complaints which occurred at too remote a time
- complaints which don't relate to a judicial officer or VCAT member
How do I make a complaint?
To make a complaint to the Commission you should complete the Complaint form and send it together with any relevant documents or information to the Commission. See the Guidelines for making a complaint for further information.
What information do I need to include in my complaint?
The Guidelines for making a complaint provide detailed information about what you should include in your complaint.
What happens after the Commission receives my complaint?
You will receive written confirmation that the Commission has received your complaint. The process the Commission will follow in considering your complaint is explained on the following pages: Complaint Process Explained and Complaint Process Diagram.
You will also receive written notification of the outcome of your complaint.
When can I make a complaint?
You can make a complaint at any time, however, the Commission must adjourn the investigation of your complaint until the proceeding has finished and the judgement or decision has been handed down unless:
- the complaint relates to a delay in handing down a judgement or decision in the proceeding; or
- given the seriousness of the matter and the urgency with which it must be dealt with the relevant head of jurisdiction agrees the Commission should investigate the complaint.