Judicial Council Act 2019

53.

Admissibility of complaints

53. (1) On receiving a complaint, the Registrar shall determine whether or not the complaint is admissible.

(2) Subject to subsection (3), a complaint is admissible if—

(a) the complaint is made by a person authorised under section 50 to make a complaint,

(b) the conduct alleged could, if substantiated, constitute judicial misconduct by the judge concerned,

(c) the complaint is made within the period specified in subsection (1) or (2), as may be appropriate, of section 51 or any extension of that period under subsection (3) of that section,

(d) the complaint is not frivolous or vexatious, and

(e) the complaint is made in compliance with procedures for that purpose specified by the Judicial Conduct Committee under section 52.

(3) A complaint that relates solely to—

(a) conduct by the judge concerned in proceedings before him or her in respect of which a remedy has already been provided or may be provided if pursued by the complainant—

(i) in those proceedings,

(ii) on appeal from a decision of the judge concerned in those proceedings or on any further appeal from such an appeal until those proceedings are finally determined,

(iii) in proceedings by way of judicial review of any decision of the judge concerned in the proceedings before that judge, or

(iv) in any other proceedings,

or

(b) the merits of a decision in proceedings before the judge concerned,

is not admissible.

(4) Where the Registrar determines that a complaint is admissible in whole or in part, he or she shall refer—

(a) the complaint, or

(b) in the case of a complaint that is admissible in part only, the part of the complaint that he or she determines to be admissible (which, following that determination but subject to section 56(8), is deemed to constitute the complaint for the purposes of this Act),

to the Judicial Conduct Committee to be dealt with in accordance with section 60.

(5) Where the Registrar is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51, he or she shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60.