Release of Judicial Discrimination Guideline

The Judicial Commission of Victoria has today published a Guideline on Judicial Discrimination following consultation with the courts and legal sector. 

As stated by the Chair of the Commission, the Chief Justice of Victoria: 

Equality before the law is fundamental to the courts and tribunals of Victoria. We want every person who comes before a Court or VCAT to experience fairness, inclusion, and respect. This guideline is one more step in ensuring we meet that goal, and in reinforcing the trust and confidence the community places in us.

The Guideline outlines what constitutes judicial discrimination and makes it clear that it breaches the standards of conduct expected of judicial officers. It acknowledges the impact of judicial discrimination and the importance of education and training for judicial officers. It also includes information about how the Commission assesses complaints and the potential outcomes under the Judicial Commission of Victoria Act 2016 (Vic). 

The Commission heard feedback during consultation that:

• judicial discrimination has the potential to significantly undermine public confidence in the judicial system;
• judicial officers are leaders and have a responsibility to model appropriate behaviour and treat all people equally; and
• court users expect high standards to be maintained by judicial officers.

The Guideline supplements the Australasian Institute for Judicial Administration’s Guide to Judicial Conduct, which provides guidance for judicial officers about a broad range of conduct and ethical issues and has been adopted by the Commission. 

The Commission thanks all those who contributed and provided feedback on this important issue.