{"id":"judicial-conduct-commissioner-act-2015","name":"Judicial Conduct Commissioner Act 2015","slug":"judicial-conduct-commissioner-act-2015","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105601,"registerId":"sa-judicial-conduct-commissioner-act-2015-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judicial Conduct Commissioner Act 2015","content":"South Australia\nJudicial Conduct Commissioner Act 2015\nAn Act to provide for the appointment of a Judicial Conduct Commissioner to examine complaints in relation to the conduct of judicial officers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects\n4\tInterpretation\n5\tApplication of Act\nPart 2—Judicial Conduct Commissioner\n6\tFunctions and powers of Commissioner\n6A\tCommissioner to publish guidelines\n7\tAppointment of Commissioner\n8\tPension rights\n9\tActing Commissioner\n10\tStaff\n11\tDelegation\nPart 3—Complaints\nDivision 1—Making a complaint\n12\tMaking of complaints\nDivision 2—Preliminary examination of complaint\n13\tPreliminary examination of complaints\n14\tPostponement of consideration of complaint\n15\tReferral of complaint to ICAC\n16\tDiscretionary dismissal of complaint\n17\tMandatory dismissal of complaint\nDivision 3—Action after preliminary examination\n18\tReferral of complaint to relevant jurisdictional head\n19\tImmediate report to Parliament\n20\tRecommendation to appoint judicial conduct panel\nPart 4—Judicial conduct panels\n21\tAppointment of judicial conduct panels\n22\tDissolution of panel if member unable to continue\n23\tFunctions and procedures of panel\n23A\tAppointment of counsel to assist inquiry\n23B\tRepresentation and participation\n23C\tSpecial arrangements for protecting witnesses from embarrassment, distress etc when giving evidence\n24\tPowers of panel\n24A\tActions to be taken by panel before questioning witness etc\n24B\tExamination etc of complainant and witnesses\n25\tReport by panel\n26\tRemoval of judicial officer\nPart 5—Miscellaneous\n27\tCommissioner's annual report\n28\tAttorney-General may request information about complaints\n29\tJudicial review\n30\tImmunity from liability\n31\tNo obligation on persons to maintain secrecy\n32\tConfidentiality, disclosure of information and publication of reports\n33\tPublication of information and evidence\n34\tOther offences\n34A\tCommissioner may determine not to give notice in a particular case\n35\tService\n36\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Judicial Conduct Commissioner Act 2015.\n3—Objects\n\t(1)\tThe objects of this Act are to enhance public confidence in the judicial system and to protect the impartiality and integrity of the judicial system by—\n\t(a)\tproviding for the appointment of a Judicial Conduct Commissioner to receive and determine complaints regarding the conduct of judicial officers; and\n\t(b)\tproviding a fair process for dealing with such complaints that recognises and protects judicial independence; and\n\t(c)\tenhancing the existing mechanisms for removal of judicial officers where they are unable or unwilling to appropriately discharge their duties.\n\t(2)\tNo power or discretion vested in the Commissioner or any other person by this Act may be exercised so as to impugn the independence of the judiciary.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nCommissioner means the Judicial Conduct Commissioner appointed under section 7, or the person from time to time acting as the Judicial Conduct Commissioner;\ncomplainant means a person who makes a complaint under section 12(1);\nNote—\nOther persons against whom the alleged conduct of a judicial officer is directed may also be complainants, despite not having made a complaint under section 12(1)—see subsection (1a).\ncomplaint means a complaint under section 12 about the conduct of a judicial officer and includes a referral by the Attorney‑General under section 12(6), a referral by a jurisdictional head under section 12(7) and a complaint initiated by the Commissioner under section 12(8);\njudicial conduct panel means a judicial conduct panel appointed under Part 4;\njudicial office means—\n\t(a)\tthe office of Judge of the Supreme Court;\n\t(b)\tthe office of Master of the Supreme Court, District Court Judge or any other Judge;\n\t(ba)\tthe office of Supreme Court judicial registrar;\n\t(c)\tany other office involving the exercise of judicial functions that may only be occupied by a Judge or Master or by a person with other legal qualifications;\n\t(ca)\tthe office of District Court Judicial Registrar or Youth Court judicial registrar;\n\t(d)\tthe office of Magistrate;\n\t(e)\tany other office involving the exercise of judicial functions that may only be occupied by a Magistrate or by a person with other legal qualifications;\n\t(ea)\tthe office of Magistrates Court Judicial Registrar;\n\t(f)\tthe office of special justice;\n\t(g)\tany other office prescribed by the regulations,\n(and the order of the above paragraphs indicates the level of seniority of the various offices, the inclusion of reference to more than 1 office in the same paragraph indicating the same level of seniority);\njudicial officer means a person appointed to hold or act in a judicial office;\njurisdictional head has the same meaning as in Part 5A of the Courts Administration Act 1993;\nrelevant jurisdictional head, in relation to a judicial officer who is, or is to be, the subject of a complaint, means a jurisdictional head who has power to issue requirements to that judicial officer in accordance with Part 5A of the Courts Administration Act 1993 or, in a case where the judicial officer who is, or is to be, the subject of a complaint is a jurisdictional head, the Chief Justice of the Supreme Court.\n\t(1a)\tFor the purposes of this Act, a reference to a complainant will, if the alleged conduct of a judicial officer that is the subject of a complaint is directed at a person or persons other than the person who makes a complaint under section 12(1), be taken to include a reference to each such person (and the Commissioner or a judicial conduct panel may, but need not, deal with the person as if they had made a complaint under that section).\n\t(2)\tFor the avoidance of doubt (and without limiting the types of conduct that may be the subject of a complaint under this Act) conduct of a judicial officer that may be the subject of a complaint under this Act includes—\n\t(a)\tany act or omission of such an officer—\n\t(i)\twhether occurring in the course of carrying out functions as a judicial officer or not; and\n\t(ii)\twhether resulting from an illness or incapacity or not; and\n\t(b)\tany acts of victimisation by a judicial officer.\n\t(3)\tFor the purposes of subsection (2), a judicial officer who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make a complaint under this Act or has provided, or intends to provide, information or other assistance to the Commissioner or a judicial conduct panel exercising functions under this Act commits an act of victimisation.\n5—Application of Act\n\t(1)\tThis Act applies in addition to (and does not derogate from) any other Act or law relating to judicial conduct or to the removal of a judicial officer.\n\t(2)\tThis Act applies in relation to conduct of a judicial officer whether occurring before or after the commencement of this Act.\nPart 2—Judicial Conduct Commissioner\n6—Functions and powers of Commissioner\n\t(1)\tThe functions of the Commissioner are—\n\t(a)\tto receive and deal with complaints made in accordance with this Act in relation to the conduct of judicial officers; and\n\t(b)\tto perform any prescribed functions; and\n\t(c)\tto perform other functions conferred on the Commissioner by this or any other Act.\n\t(2)\tThe Commissioner is not subject to the direction of any person in relation to any matter, including—\n\t(a)\tthe manner in which functions are carried out or powers exercised under this or any other Act; and\n\t(b)\tthe priority that the Commissioner gives to a particular matter in carrying out functions under this or any other Act.\n\t(3)\tIt is not a function of the Commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a judicial officer in relation to any legal proceedings.\n\t(4)\tThe Commissioner has all the powers necessary for carrying out his or her functions.\n\t(5)\tWithout limiting subsection (4), the Commissioner may, if the Commissioner thinks it is necessary for the purposes of exercising functions and powers under Part 3, do any of the following:\n\t(a)\tobtain any relevant court documents (including, for example, the transcript of a hearing);\n\t(b)\trequire a person who may be in a position to furnish information relevant to the complaint—\n\t(i)\tto take reasonable steps to provide that information to the Commissioner; or\n\t(ii)\tto answer a question to the best of that person's knowledge, information and belief;\n\t(c)\trequire a person to produce—\n\t(i)\tany books, documents or records in his or her possession or control; or\n\t(ii)\tany information stored by computer, microfilm or by any other process,\n(insofar as the books, documents, records or information may be relevant to the complaint);\n\t(d)\texamine, copy and take extracts from any books, documents, records or information produced under paragraph (c) or require a person to provide a copy of any such book, document, record or information;\n\t(e)\ttake possession of any books, documents, records or information produced under paragraph (c).\n6A—Commissioner to publish guidelines\n\t(1)\tThe Commissioner must, by notice in the Gazette, prepare and publish guidelines for the purposes of this Act.\n\t(2)\tThe Commissioner must, in preparing guidelines under this section, consult the Chief Justice of the Supreme Court.\n\t(3)\tWithout limiting the matters that may be included in guidelines prepared under this section, the guidelines must make provisions setting out—\n\t(a)\thow meetings of judicial conduct panels are to be called; and\n\t(b)\thow business is to be conducted at meetings of judicial conduct panels; and\n\t(c)\thow judicial conduct panels are to conduct examinations of complaints under this Act; and\n\t(d)\thow judicial conduct panels are to conduct inquiries under this Act.\n\t(4)\tThe Commissioner must cause a copy of guidelines published under this section, as in force from time to time, to be published on a website determined by the Commissioner.\n7—Appointment of Commissioner\n\t(1)\tThere will be a Judicial Conduct Commissioner appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor.\n\t(2)\tA person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Acting Commissioner) that exceed 10 years in total.\n\t(3)\tA person is only eligible for appointment as the Commissioner if the person—\n\t(a)\tis a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and\n\t(b)\tis not a judicial officer or member of an Australian Parliament.\n\t(4)\tA person may only be appointed to be the Commissioner if, following referral by the Attorney‑General of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991—\n\t(a)\tthe appointment has been approved by the Committee; or\n\t(b)\tthe Committee has not, within 7 days of the referral, or such longer period as is allowed by the Attorney‑General, notified the Attorney‑General in writing that it does not approve the appointment.\n\t(5)\tDespite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (4) except to the extent allowed by the Attorney‑General (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991).\n\t(6)\tIf a person is a judicial officer immediately before being appointed to be the Commissioner, for the purposes of determining the person's entitlement to recreation leave, sick leave, long service leave or any other kind of leave under this or another Act, the appointment may, at the option of the person, be taken to be a continuation of his or her service as a judicial officer.\n\t(7)\tThe Commissioner must not, without the consent of the Attorney‑General, engage in any remunerated employment or activity apart from official duties.\n\t(9)\tThe Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.\n\t(10)\tThe Governor may suspend the Commissioner from office (with, or without, pay) for—\n\t(a)\tcontravention of a condition of appointment; or\n\t(b)\tmisconduct; or\n\t(c)\tfailure or incapacity to carry out official duties satisfactorily.\n\t(11)\tIf the Governor suspends the Commissioner from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.\n\t(12)\tIf, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is removed from office.\n\t(13)\tIf within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is restored to office.\n\t(14)\tThe office of Commissioner becomes vacant if the holder—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Governor; or\n\t(d)\tis appointed to judicial office; or\n\t(e)\tis nominated for election as a member of an Australian Parliament; or\n\t(f)\tbecomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\tis convicted of—\n\t(i)\tan indictable offence against the law of this State; or\n\t(ii)\tan offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(h)\tis sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or\n\t(i)\tis removed from office by the Governor under this section.\n\t(15)\tExcept as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.\n\t(16)\tThe Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n8—Pension rights\n\t(1)\tThe Governor may, by instrument in writing made at the time a person is appointed to be the Commissioner, apply the Judges' Pensions Act 1971 to or in relation to the Commissioner as if the Commissioner were a Judge as defined in that Act and service as the Commissioner were judicial service as defined in that Act.\n\t(2)\tThe instrument may—\n\t(a)\timpose conditions on the application of the Judges' Pensions Act 1971 (including a condition that the Act will only apply if the person is made a Judge following his or her term of office as Commissioner); and\n\t(b)\tapply the Judges' Pensions Act 1971 subject to any modifications specified in the instrument.\n\t(3)\tUnless the Governor otherwise directs, no pension is to be payable under the Judges' Pensions Act 1971 if the Commissioner vacates the office due to insolvency or conviction or sentencing for an offence or is removed from office.\n\t(4)\tIf a person who is or has been the Commissioner is appointed as a Judge as defined in the Judges' Pensions Act 1971 and was, immediately before being so appointed, in receipt of a pension under that Act, that pension ceases on the appointment.\n9—Acting Commissioner\n\t(1)\tThe Governor may appoint a person (who must not be a Public Service employee) to act as the Commissioner during any period for which no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties.\n\t(2)\tA person is only eligible for appointment to act as the Commissioner if the person—\n\t(a)\tis a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and\n\t(b)\tis not a judicial officer or member of an Australian Parliament.\n\t(3)\tThe terms and conditions of appointment are to be determined by the Governor, except that the person may not act as the Commissioner for more than 6 months in aggregate in any period of 12 months.\n\t(4)\tA person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n10—Staff\n\t(1)\tThe Commissioner may engage employees on terms and conditions determined by the Commissioner.\n\t(2)\tEmployees engaged under subsection (1) are not Public Service employees but are to be taken to be public sector employees, employed by the Commissioner, for the purposes of the Public Sector (Honesty and Accountability) Act 1995 and section 74 of the Public Sector Act 2009.\n\t(3)\tThe Commissioner may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\n11—Delegation\n\t(1)\tThe Commissioner may delegate to a person (including a person for the time being performing particular duties or holding or acting in a specified position) a function or power under this or any other Act (except a prescribed function or power).\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(4)\tFor the purposes of section 17(1)(c)(ii) of the Public Sector (Honesty and Accountability) Act 1995, delegation by the Commissioner of a function or power under this section because of a pecuniary or other personal interest that conflicts or may conflict with the Commissioner's duties does not constitute taking action in relation to the matter the subject of the delegation.\nPart 3—Complaints\nDivision 1—Making a complaint\n12—Making of complaints\n\t(1)\tSubject to subsection (2), a person may make a complaint to the Commissioner about any conduct of a judicial officer.\n\t(2)\tA person who is subject to an order of the Supreme Court (whether under section 39 of the Supreme Court Act 1935 or the inherent jurisdiction of the Court) prohibiting the person from instituting proceedings (or proceedings of a particular class) may not make a complaint under this Act.\n\t(3)\tSubject to subsections (4) and (4a), the Commissioner must give notice to the judicial officer and the relevant jurisdictional head of a complaint under subsection (1).\n\t(4)\tIf section 15 applies to a complaint, the Commissioner must not give any notices under subsection (3) on receipt of the complaint but may give such notices if consideration of the complaint under this Act is resumed following the referral under section 15.\n\t(4a)\tThe Commissioner may, if the Commissioner thinks fit, determine not to give any notices under subsection (3) in relation to a complaint until the Commissioner has determined whether the complaint is one that must be dismissed under section 17(1).\n\t(5)\tA complaint under subsection (1) must—\n\t(a)\tbe in writing; and\n\t(b)\tidentify the judicial officer who is the subject of the complaint; and\n\t(c)\tidentify the complainant; and\n\t(d)\tset out the matters to which the complaint relates; and\n\t(e)\tinclude any other material, and be verified in any manner, required by the Commissioner.\n\t(6)\tThe Attorney‑General may, by notice in writing, refer to the Commissioner any matters regarding the conduct of a judicial officer.\n\t(7)\tA jurisdictional head may, by notice in writing, refer to the Commissioner any matters regarding the conduct of a judicial officer in relation to whom he or she would be the relevant jurisdictional head (in accordance with the definition in section 4).\n\t(8)\tThe Commissioner may, on his or her own initiative, treat as a complaint any matters concerning the conduct of a judicial officer.\nDivision 2—Preliminary examination of complaint\n13—Preliminary examination of complaints\n\t(1)\tSubject to subsection (6), the Commissioner must conduct a preliminary examination of each complaint received to determine whether—\n\t(a)\tthe complaint is one that should be referred to the Office for Public Integrity in accordance with section 15; or\n\t(b)\tthere are grounds for exercising a power under this Act to dismiss the complaint.\n\t(2)\tThe Commissioner may conduct a preliminary examination in any manner the Commissioner thinks fit (but the Commissioner must act in accordance with the principles of procedural fairness).\n\t(3)\tIn conducting a preliminary examination, the Commissioner may make such inquiries into the complaint as he or she thinks appropriate and may—\n\t(a)\trequire further information from the complainant (and may require that such further information be verified in any manner required by the Commissioner); and\n\t(b)\tconsult the relevant jurisdictional head.\n\t(4)\tThe Commissioner may determine to deal with a series of complaints relating to a particular judicial officer as if they were a single complaint (and may do so even if the Commissioner has previously dealt with any of those complaints or is in the course of dealing with any of those complaints).\n\t(5)\tSubject to sections 14 and 15, the Commissioner must conduct a preliminary examination as efficiently and expeditiously as is practicable.\n\t(6)\tIf, before conducting a preliminary examination of a complaint, the Commissioner determines that the complaint is one that must be dismissed under section 17(1), the Commissioner may dismiss the complaint without conducting a preliminary examination.\n\t(7)\tIf the Commissioner exercises the power under subsection (6) to dismiss a complaint, 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—\n\t(a)\tthat the Commissioner has exercised that power; and\n\t(b)\tthe grounds on which the Commissioner is satisfied that the complaint is one that must be dismissed under section 17(1).\n14—Postponement of consideration of complaint\n\t(1)\tIf a complaint under section 12(1) relating to a judicial officer is made during the course of a hearing conducted by the judicial officer (whether alone or with others)—\n\t(a)\tthe judicial officer may, by notice in writing to the Commissioner, request that consideration of the complaint under this Act be postponed until the hearing has been completed; and\n\t(b)\tthe Commissioner must, if satisfied that consideration of the complaint could in any way disrupt or influence the conduct of the hearing, postpone consideration of the complaint in accordance with the request.\n\t(2)\tIf a complaint under section 12(1) relating to a judicial officer is made during the course of a hearing conducted by the judicial officer (whether alone or with others), the Commissioner may, if the Commissioner considers it appropriate to do so, postpone consideration of the complaint—\n\t(a)\tfor a specified period; or\n\t(b)\tuntil the hearing has been completed.\n15—Referral of complaint to ICAC\n\t(1)\tIf the Commissioner reasonably suspects that a complaint relates to conduct that involves corruption in public administration within the meaning of the Independent Commission Against Corruption Act 2012—\n\t(a)\tthe Commissioner must refer the complaint to the Office for Public Integrity to be dealt with under that Act; and\n\t(b)\tconsideration of the complaint under this Act is postponed until the Independent Commission Against Corruption notifies the Commissioner that they consider it appropriate that consideration of the complaint under this Act continue.\n\t(2)\tThe Independent Commission Against Corruption must give the Commissioner the notification referred to in subsection (1)(b) as soon as practicable after the assessment required under the Independent Commission Against Corruption Act 2012 has been conducted unless the matter is assessed as raising a potential issue of corruption in public administration that could be the subject of a prosecution.\n\t(3)\tHowever, if the person appointed as the Independent Commissioner Against Corruption is also appointed as the Commissioner under this Act—\n\t(a)\tthe notification referred to in subsection (1)(b) is not required; and\n\t(b)\tfollowing a referral of a complaint under this section, the Independent Commissioner Against Corruption will determine the extent to which it is appropriate that the complaint be dealt with under this Act or the Independent Commission Against Corruption Act 2012.\n16—Discretionary dismissal of complaint\n\t(1)\tThe Commissioner may determine to dismiss a complaint without taking any further action if satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.\n\t(2)\tWithout limiting the operation of subsection (1), reasons why further consideration of a complaint would, in all the circumstances, be unjustified, may be, or include, all or any of the following that apply to the complaint:\n\t(a)\tthat the complaint has been resolved to the complainant's satisfaction following an explanation from the judicial officer who is the subject of the complaint;\n\t(b)\tthat the complaint is genuine and made in good faith, but is based on a misunderstanding;\n\t(c)\tthat the Commissioner, having started the preliminary examination required by section 13, has concluded that there is no reasonable prospect of there being available to him or her information that would enable the complaint to be substantiated;\n\t(d)\tthat the Commissioner has requested further information from the complainant and the complainant has refused to provide such information or has failed to provide such information within a reasonable time;\n\t(e)\tthat the Commissioner has previously considered the subject matter of the complaint;\n\t(f)\tthat the Commissioner has determined that the subject matter of the complaint could not, if substantiated, warrant the taking of any action under this Act.\n\t(3)\tThe fact that a complaint has been resolved to the complainant's satisfaction because of an apology by the judicial officer who is the subject of the complaint is not, by itself, a reason why further consideration of a complaint would, in all the circumstances, be unjustified. \n\t(4)\tIf the Commissioner exercises his or her power to dismiss a complaint under this section, he or she must give any complainant, the judicial officer who is the subject of the complaint and the relevant jurisdictional head written notification stating—\n\t(a)\tthat the Commissioner has exercised that power; and\n\t(b)\tthe grounds on which he or she is satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.\n17—Mandatory dismissal of complaint\n\t(1)\tThe Commissioner must dismiss the complaint if he or she is of the opinion that—\n\t(a)\tthe complaint is not within the Commissioner's jurisdiction; or\n\t(b)\tthe complaint has no bearing on judicial functions or judicial duties; or\n\t(c)\tthe complaint—\n\t(i)\thas 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\n\t(ii)\tis otherwise frivolous, vexatious, or not in good faith; or\n\t(d)\tthe subject matter of the complaint is trivial; or\n\t(e)\tthe 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\n\t(f)\tthe person who is the subject of the complaint is no longer a judicial officer.\n\t(2)\tThe 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.\n\t(3)\tIf 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—\n\t(a)\tthat the complaint has been dismissed; and\n\t(b)\tthe grounds on which that decision was made.\nDivision 3—Action after preliminary examination\n18—Referral of complaint to relevant jurisdictional head\n\t(1)\tHaving conducted the preliminary examination of a complaint, the Commissioner must refer the complaint to the relevant jurisdictional head unless—\n\t(a)\tthe complaint consists of a referral by the relevant jurisdictional head under section 12(7); or\n\t(b)\tthe Commissioner has exercised a power under this Act to dismiss the complaint.\n\t(2)\tThe Commissioner may, on referring a complaint—\n\t(a)\trecommend that the relevant jurisdictional head take specified action in relation to the complaint so referred; or\n\t(b)\tadvise the relevant jurisdictional head that—\n\t(i)\tin the opinion of the Commissioner, the complaint is not able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and\n\t(ii)\tthe Commissioner intends to make a report on the complaint to the Parliament in accordance with section 19 or make a recommendation to the Attorney‑General under section 20.\n\t(2a)\tIf a complaint is referred, under this section, to the Chief Justice of the Supreme Court because the complaint relates to a jurisdictional head, the Chief Justice may take action in relation to the complaint by—\n\t(a)\tmaking recommendations to the jurisdictional head the subject of the complaint (including, for example, recommendations as to caseloads, record keeping, medical examinations or counselling); or\n\t(b)\tcounselling the jurisdictional head the subject of the complaint in relation to any conduct that has the potential to undermine public confidence in the court.\n\t(3)\tThe relevant jurisdictional head must, within 28 days after referral of the complaint (or such other period as may be agreed between the Commissioner and the relevant jurisdictional head), give the Commissioner written notification of the action taken by the relevant jurisdictional head in relation to the complaint.\n\t(3a)\tIf any recommendations have been made to a jurisdictional head the subject of a complaint in accordance with subsection (2a)(a), the jurisdictional head must, within 28 days after the making of the recommendations (or such other period as may be agreed between the Commissioner and the jurisdictional head), give the Commissioner written notification of the action taken by the jurisdictional head in response to the recommendations.\n\t(4)\tThe Commissioner may, if he or she thinks fit, make a report to the Attorney‑General in relation to any action taken under, or in connection with, this section.\n\t(5)\tThe Commissioner must—\n\t(a)\tgive any complainant written notification of any action taken by the Commissioner under this section or of any action of which the Commissioner has been notified under subsection (3); and\n\t(b)\tgive the judicial officer who is the subject of the complaint written notification of any action taken by the Commissioner under this section.\n19—Immediate report to Parliament\n\t(1)\tThe Commissioner may make a report on a complaint to the Parliament if—\n\t(a)\tthe complaint—\n\t(i)\tconsists of a referral by the relevant jurisdictional head under section 12(7); or\n\t(ii)\thas been referred to the relevant jurisdictional head under section 18 but is not, in the Commissioner's opinion, able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and\n\t(b)\tthe judicial officer who is the subject of the complaint is a Judge who is liable to be removed from office, pursuant to the Constitution Act 1934 or any other Act or law, on an address from both Houses of Parliament; and\n\t(c)\tthe Commissioner is of the opinion that—\n\t(i)\tthere should be immediate consideration by the Parliament of such removal; and\n\t(ii)\tit is unlikely that an inquiry by a judicial conduct panel would provide additional information that should be available to the Parliament in considering such removal.\n\t(2)\tA copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(3)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n\t(4)\tThe Commissioner must also give a copy of the report to any complainant, to the judicial officer who is the subject of the complaint, to the relevant jurisdictional head and to the Attorney‑General.\n20—Recommendation to appoint judicial conduct panel\n\t(1)\tThe Commissioner may recommend to the Attorney‑General that he or she appoint a judicial conduct panel to inquire into, and report on, any matters concerning the conduct of a judicial officer if—\n\t(a)\tthe complaint—\n\t(i)\tconsists of a referral by the relevant jurisdictional head under section 12(7); or\n\t(ii)\thas been referred to the relevant jurisdictional head under section 18 but—\n\t(A)\thas not, in the Commissioner's opinion, been satisfactorily dealt with by the relevant jurisdictional head within the period referred to in section 18(3); or\n\t(B)\tis not, in the Commissioner's opinion, able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and\n\t(b)\tthe Commissioner is of the opinion that—\n\t(i)\tan inquiry into the conduct is necessary or justified; and\n\t(ii)\tif established, the conduct may warrant consideration of removal of the judicial officer (under this or any other Act).\n\t(2)\tThe Commissioner must give reasons with his or her recommendation under this section.\n\t(3)\tThe Commissioner must give written notification of any action taken under this section to any complainant, to the judicial officer who is the subject of the complaint and to the relevant jurisdictional head.\n\t(4)\tIf the Commissioner recommends that a judicial conduct panel be appointed, the Commissioner must, at the request of the Attorney‑General, make any relevant files kept by the Commissioner available to the Attorney‑General.\nPart 4—Judicial conduct panels\n21—Appointment of judicial conduct panels\n\t(1)\tThe Attorney‑General may, at any time, appoint a judicial conduct panel to inquire into, and report on, any matters concerning the conduct of a judicial officer that have been the subject of a recommendation by the Commissioner under section 20.\n\t(2)\tBefore appointing a panel, the Attorney‑General must consult the Chief Justice of the Supreme Court about the proposed membership of the Panel (or, if the matters to be inquired into and reported on concern the conduct of the Chief Justice, the next most senior available Judge of the Supreme Court).\n\t(3)\tA judicial conduct panel consists of the following persons appointed by the Attorney‑General:\n\t(a)\t2 members who are eligible judicial officers, 1 of whom should be an eligible judicial officer who is, or has been, of equal or higher seniority than the judicial officer the subject of the complaint (if such a judicial officer is reasonably available for appointment to the panel and would not have a conflict of interest or otherwise be unsuitable for appointment);\n\t(b)\ta lay member (not being an eligible judicial officer or a legal practitioner).\n\t(4)\tThe presiding member of a judicial conduct panel will be a member appointed under subsection (3)(a) designated by the Attorney‑General in the instrument of appointment as the presiding member of the panel.\n\t(5)\tThe appointment of a judicial officer as a member of a judicial conduct panel does not affect his or her tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a judicial officer (including matters relating to superannuation), and, for all purposes, service by a judicial officer as a member of a panel must be taken to be service as a judicial officer. \n\t(6)\tIn this section—\neligible judicial officer means—\n\t(a)\ta current or former judicial officer of this State; or\n\t(b)\ta former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; or\n\t(c)\ta current judge of the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth if the jurisdictional head of the relevant Court concurs.\n22—Dissolution of panel if member unable to continue\nIf a member of a judicial conduct panel is for any reason unable to continue as a member—\n\t(a)\tthe presiding member must dissolve the panel and notify the Attorney‑General of the dissolution; and\n\t(b)\tthe Attorney‑General must appoint a new panel under this Part.\n23—Functions and procedures of panel\n\t(1)\tA judicial conduct panel must inquire into, and report on, the matters concerning the conduct of a judicial officer referred to it by the Attorney‑General on the recommendation of the Commissioner and may inquire into, and report on, any other matters concerning the conduct of the judicial officer that arise in the course of its dealing with the referral from the Attorney‑General.\n\t(2)\tThe procedure for the calling of meetings of a judicial conduct panel and for the conduct of business at those meetings is, subject to this Act, determined by the panel.\n\t(3)\tA judicial conduct panel must, however—\n\t(a)\tact in accordance with the principles of procedural fairness; and\n\t(b)\thold all meetings of the panel in private; and\n\t(c)\tcall meetings and conduct business at those meetings in accordance with any guidelines published under section 6A.\n\t(4)\tAll 3 members of a judicial conduct panel must be present at a meeting of the panel.\n\t(5)\tThe presiding member presides at a meeting of a judicial conduct panel and has a deliberative vote only.\n\t(6)\tA decision supported by a majority of the votes cast at a meeting of a judicial conduct panel is the decision of the panel.\n\t(7)\tA judicial conduct panel must cause full and accurate minutes to be kept of the proceedings of each meeting of the panel.\n23A—Appointment of counsel to assist inquiry\n\t(1)\tThe Attorney‑General may, at the request of the presiding member of a judicial conduct panel, appoint counsel to assist in an inquiry under this Part.\n\t(2)\tThe Attorney‑General must, before appointing counsel under this section, consult with, and have regard to any submissions of, the judicial conduct panel in respect of the proposed appointment.\n23B—Representation and participation\n\t(1)\tA judicial conduct panel—\n\t(a)\tmust allow the judicial officer who is the subject of the complaint, a complainant or a witness appearing before the inquiry to be legally represented in the inquiry; and\n\t(b)\tmay allow, to the extent and in the manner determined by the panel, any other person to participate or be legally represented in an inquiry.\n\t(2)\tIn deciding whether to allow a person to be legally represented under subsection (1)(b), the judicial conduct panel may have regard to the following matters:\n\t(a)\tthe nature of the inquiry and the matters to which the inquiry relates;\n\t(b)\twhether the person has any direct or special interest in the matters to which the inquiry relates;\n\t(c)\tthe role that the person played in relation to the matters to which the inquiry relates;\n\t(d)\tthe likelihood that the panel may make an adverse finding against the person;\n\t(e)\tthe ability of the person to assist the inquiry;\n\t(f)\tthe age of the person;\n\t(g)\tany other matter the panel considers relevant.\n23C—Special arrangements for protecting witnesses from embarrassment, distress etc when giving evidence\n\t(1)\tSection 13 of the Evidence Act 1929 will be taken to apply in relation to an inquiry under this Part, and, for that purpose—\n\t(a)\ta reference in that section to a court or a judge will be taken to be a reference to the judicial conduct panel undertaking the inquiry; and\n\t(b)\ta reference in that section to a trial will be taken to be a reference to the inquiry; and\n\t(c)\ta reference in that section to a defendant will be taken to be a reference to the judicial officer to whom the inquiry relates; and\n\t(d)\tthe judicial conduct panel may make any order a court may make under that section; and\n\t(e)\tthe operation of that section will be taken to be modified to such extent as may be necessary as to afford a witness in an inquiry under this Part the same protections and arrangements they would have had they been a witness in a trial or other proceedings to which that section applies.\n\t(2)\tTo avoid doubt, section 13(5) of the Evidence Act 1929 applies to an inquiry under this Part.\n\t(3)\tHowever, a requirement under section 13 of the Evidence Act 1929 that only applies to criminal trials will be taken not to apply in relation to an inquiry under this Part.\n24—Powers of panel\n\t(1)\tFor the purposes of an inquiry under this Part, a judicial conduct panel has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if—\n\t(a)\tthe judicial conduct panel were a commission as so defined; and\n\t(b)\tthe subject matter of the inquiry was set out in a commission of inquiry issued by the Governor under that Act.\n\t(2)\tWithout limiting subsection (1), a judicial conduct panel may require the judicial officer to undergo 1 or more medical examinations for the purpose of assisting in determining whether proper cause exists for removing the judicial officer from office.\n24A—Actions to be taken by panel before questioning witness etc\nA judicial conduct panel must, before asking questions of a witness appearing before an inquiry under this Part, or requiring a witness to produce a document or other record—\n\t(a)\tinform the witness orally and in writing of their rights and obligations as a witness unless—\n\t(i)\tthe witness is legally represented at the inquiry; or\n\t(ii)\tthe witness informs the panel that, prior to the hearing, a legal practitioner has explained their rights and obligations; and\n\t(b)\tinform the legal representative of the witness at the hearing (if any) of any requirements under this Act relating to publication, confidentiality and non‑disclosure of information and evidence.\n24B—Examination etc of complainant and witnesses\n\t(1)\tWithout limiting any other provision of this Act, but subject to subsection (2), a complainant or witness appearing before an inquiry under this Part may be examined, cross‑examined or re‑examined (as the case requires)—\n\t(a)\tby counsel assisting the inquiry; or\n\t(b)\tby the legal representative of the judicial officer to whom the inquiry relates; or\n\t(c)\tby any other person granted permission to do so by the judicial conduct panel.\n\t(2)\tA judicial officer to whom an inquiry relates cannot personally cross‑examine a complainant or witness appearing before the inquiry, and, if the judicial officer is not legally represented in the inquiry, cross‑examination of a complainant or witness must be undertaken—\n\t(i)\tby the judicial officer submitting to the judicial conduct panel, in the manner required by the judicial conduct panel, the questions the judicial officer proposes the witness be asked in cross‑examination and the judicial conduct panel (or counsel assisting the inquiry) asking the witness those of the questions submitted that are determined by the judicial conduct panel to be allowable in cross‑examination; or\n\t(ii)\tas otherwise directed by the judicial conduct panel.\n25—Report by panel\n\t(1)\tA judicial conduct panel must provide a report to the Attorney‑General at the conclusion of its inquiry.\n\t(2)\tThe report must set out—\n\t(a)\tthe panel's findings of fact; and\n\t(b)\tthe panel's opinion as to whether removal of the judicial officer is justified; and\n\t(c)\tthe reasons for the panel's conclusion.\n\t(3)\tA copy of the report must be provided to the Commissioner, to any complainant, to the judicial officer who is the subject of the report and to the relevant jurisdictional head.\n\t(4)\tThe Attorney‑General must cause a copy of the report to be laid before each House of Parliament.\n26—Removal of judicial officer\n\t(1)\tSubject to subsection (2), if a judicial conduct panel concludes that removal of a judicial officer is justified, the Governor may remove the judicial officer from office.\n\t(2)\tIf the judicial officer is a judge who is liable to be removed from office, pursuant to the Constitution Act 1934 or any other Act or law, on an address from both Houses of Parliament, subsection (1) does not apply (but the judge may be removed from office on such an address from both Houses of Parliament under the Constitution Act 1934 or other Act or law).\n\t(3)\tTo avoid doubt, the power to remove a judicial officer under this section may be exercised despite any other provision for the removal of the judicial officer under the Act under which the judicial officer was appointed.\nPart 5—Miscellaneous\n27—Commissioner's annual report\n\t(1)\tThe Commissioner must, before 30 September in each year, prepare a report on the operation of this Act.\n\t(2)\tThe report must—\n\t(a)\trelate to the financial year preceding the making of the report; and\n\t(b)\tdescribe—\n\t(i)\tthe number and general nature of complaints received by the Commissioner; and\n\t(ii)\tthe number and general nature of any complaints dismissed under this Act; and\n\t(iv)\tthe number and general nature of any complaints referred to a jurisdictional head under section 18; and\n\t(v)\tthe number and general nature of any complaints that resulted in a report to Parliament under section 19; and\n\t(vi)\tthe number and general nature of any complaints that resulted in a recommendation under section 20; and\n\t(c)\tdeal with any other matters prescribed by the regulations.\n\t(3)\tA copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(4)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n28—Attorney-General may request information about complaints\nThe Commissioner must, at the request of the Attorney‑General, provide the Attorney‑General with specified information or information of a specified kind about the exercise of the Commissioner's functions under this Act.\n29—Judicial review\n\t(1)\tAny application for judicial review of a decision under this Act must be made to the Court of Appeal.\n30—Immunity from liability\n\t(1)\tNo liability attaches to the Commissioner, any member of the Commissioner's staff, the members of a judicial conduct panel or counsel appointed to assist an inquiry for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act.\n\t(2)\tIn this section—\nmember of the Commissioner's staff includes any person exercising, or purportedly exercising, powers or functions under this Act in accordance with an arrangement established under section 10 and any person to whom powers or functions have been delegated under section 11.\n31—No obligation on persons to maintain secrecy\nNo obligation to maintain secrecy or other restriction on the disclosure of information applies for the purposes of a complaint under this Act, except an obligation or restriction designed to keep the identity of a confidential source of information relating to the enforcement or administration of the law secret.\n32—Confidentiality, disclosure of information and publication of reports\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not disclose information obtained in the course of the administration of this Act except—\n\t(a)\tfor the purposes of the administration or enforcement of this Act; or\n\t(b)\tfor the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or\n\t(c)\tas authorised or required by the Commissioner; or\n\t(d)\tas otherwise authorised or required by this Act or regulations under this Act or any other Act or law.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tThe Commissioner is only to authorise or require information to be disclosed if of the opinion that the disclosure is in the public interest (but a person to whom an authorisation or requirement is directed need not inquire into the basis of the authorisation or requirement).\n\t(3)\tThe Commissioner may, if of the opinion that it is in the public interest to do so, cause a report on a complaint, or a statement about a complaint or a decision to dismiss a complaint, to be published in such manner as the Commissioner thinks fit.\n\t(4)\tInformation that has been disclosed under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(5)\tA notification required to be given by the Commissioner under this Act to a judicial officer who is the subject of a complaint or the relevant jurisdictional head in relation to a complaint must not disclose the identity of any complainant unless—\n\t(a)\tthe complainant has consented to the complainant's identity being so disclosed; or\n\t(b)\tsubject to subsections (6) and (7), the Commissioner is of the opinion—\n\t(i)\tin the case of a notification required to be given to the judicial officer the subject of the complaint—that the disclosure of the complainant's identity is necessary to ensure that the judicial officer can properly respond to the complaint; or\n\t(ii)\tin the case of a notification required to be given to the relevant jurisdictional head—that the disclosure of the complainant's identity is necessary to ensure that the relevant jurisdictional head can properly exercise their responsibilities in relation to the complaint.\n\t(6)\tBefore disclosing the identity of a complainant in accordance with subsection (5)(b), the Commissioner must give the complainant written notification that the Commissioner intends to disclose the complainant's identity (and providing reasons for the determination) and must allow the complainant a reasonable opportunity to make submissions to the Commissioner in relation to the determination or to withdraw the complaint.\n\t(7)\tIf the complainant notifies the Commissioner that the complainant wishes to withdraw the complaint, the Commissioner must determine to take no further action in respect of the matter the subject of the complaint.\n33—Publication of information and evidence\n\t(1)\tA person must not, except as authorised by the Commissioner or a court, publish, or cause to be published information or evidence relating to a complaint.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$150 000;\n\t(b)\tin the case of a natural person—$30 000.\n\t(2)\tIn this section—\npublish means publish by—\n\t(a)\tnewspaper, radio or television; or\n\t(b)\tInternet or other electronic means of creating and sharing content with the public or participating in social networking with the public; or \n\t(c)\tany similar means of communication to the public.\n34—Other offences\n\t(1)\tA person must not—\n\t(a)\tprevent another person from making a complaint under this Act; or\n\t(b)\thinder or obstruct another person in making such a complaint.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA person must not—\n\t(a)\thinder or obstruct the Commissioner or a judicial conduct panel in the exercise or performance of powers or functions conferred by or under this Act; or\n\t(b)\trefuse or fail to comply with a lawful requirement of the Commissioner or a judicial conduct panel under this Act; or\n\t(c)\tmake a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) to the Commissioner or a judicial conduct panel acting in the exercise of powers under this Act; or\n\t(d)\tmake a complaint knowing that there are no grounds for the making of the complaint.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n34A—Commissioner may determine not to give notice in a particular case\nThe Commissioner may, if the Commissioner thinks fit in a particular case, determine not to give a written notification required under this Act to be given by the Commissioner to a person in relation to a complaint or the dismissal of a complaint.\n35—Service\nSubject to the regulations, a notice, report or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n36—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tconfer functions on the Commissioner relating to education and training of judicial officers or other members of the legal profession; and\n\t(b)\tprescribe fees in respect of any matter under the regulations and provide for their payment, recovery or waiver.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors; and\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Attorney‑General or the Commissioner.\n\t(4)\tThe regulations must not confer functions on the Commissioner in accordance with subsection (2)(a) unless the Attorney‑General has consulted the Chief Justice of the Supreme Court in relation to the proposed conferral of functions and the Commissioner must, in the exercise of any functions so conferred, consult with the Chief Justice of the Supreme Court, the Chief Judge of the District Court and the Chief Magistrate.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Judicial Conduct Commissioner Act 2015 amended the following:\nConstitution Act 1934\nCourts Administration Act 1993\nDistrict Court Act 1991\nEqual Opportunity Act 1984\nFreedom of Information Act 1991\nIndependent Commissioner Against Corruption Act 2012\nJudges' Pensions Act 1971\nJustices of the Peace Act 2005\nMagistrates Act 1983\nOmbudsman Act 1972\nParliamentary Committees Act 1991\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2015\n34\n Judicial Conduct Commissioner Act 2015 \n5.11.2015\n5.12.2016 (Gazette 29.11.2016 p4525)\n2016\n54\n Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016\n24.11.2016\nSch 1 (cl 2)—15.7.2017 (Gazette 11.7.2017 p2847)\n2016\n62\n Statutes Amendment (Courts and Justice Measures) Act 2016\n8.12.2016\nPt 6 (ss 10 & 11)—8.12.2016: s 2(1)\n2018\n31\n Judicial Conduct Commissioner (Miscellaneous) Amendment Act 2018\n22.11.2018\n6.4.2020 (Gazette 2.4.2020 p632)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 52)—1.1.2021 (Gazette 10.12.2020 p5638)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 16 to 19 & 76)—7.10.2021: s 2\n2023\n2\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023\n23.2.2023\nPt 2 (ss 3 & 4)—1.5.2023 (Gazette 27.4.2023 p862)\n2023\n4\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 11 (ss 23 to 25)—22.6.2023 (Gazette 15.6.2023 p1774)\n2024\n66\nJudicial Conduct Commissioner (Miscellaneous) Amendment Act 2024\n5.12.2024\n1.8.2025 (Gazette 3.7.2025 p2342)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n8.12.2016\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n8.12.2016\ns 4\n\n\ns 4(1)\n\n\ncomplainant\namended by 66/2024 s 3(1)\n1.8.2025\njudicial office\namended by 4/2023 s 23(1)—(3) \n22.6.2023\nrelevant jurisdictional head\namended by 62/2016 s 10\n8.12.2016\n\namended by 31/2018 s 4(1)\n6.4.2020\ns 4(1a)\ninserted by 66/2024 s 3(2)\n1.8.2025\ns 4(2)\nsubstituted by 31/2018 s 4(2)\n6.4.2020\ns 4(3)\ninserted by 31/2018 s 4(2)\n6.4.2020\ns 5\n\n\ns 5(1)\ns 5 redesignated as s 5(1) by 31/2018 s 5\n6.4.2020\ns 5(2)\ninserted by 31/2018 s 5\n6.4.2020\nPt 2\n\n\ns 6A\ninserted by 66/2024 s 4\n1.8.2025\ns 7\n\n\ns 7(7)\namended by 38/2021 Sch 1 cl 16(1)\n7.10.2021\ns 7(8)\ndeleted by 38/2021 Sch 1 cl 16(2)\n7.10.2021\ns 10\n\n\ns 10(4)\namended by 31/2018 s 6\n6.4.2020\n\ndeleted by 38/2021 Sch 1 cl 17\n7.10.2021\ns 11\n\n\ns 11(4)\ninserted by 2/2023 s 3\n1.5.2023\nPt 3\n\n\ns 12\n\n\ns 12(2)\nsubstituted by 2/2023 s 4\n1.5.2023\ns 12(3)\namended by 31/2018 s 7(1)\n6.4.2020\ns 12(4a)\ninserted by 31/2018 s 7(2)\n6.4.2020\ns 13\n\n\ns 13(1)\namended by 31/2018 s 8(1), (2)\n6.4.2020\n\n(c) deleted by 31/2018 s 8(3)\n6.4.2020\ns 13(6) and (7)\ninserted by 31/2018 s 8(4)\n6.4.2020\ns 14\nheading amended by 66/2024 s 5(1)\n1.8.2025\ns 14(1)\ns 14 redesignated as s 14(1) by 66/2024 s 5(2)\n1.8.2025\ns 14(2)\ninserted by 66/2024 s 5(2)\n1.8.2025\ns 15\n\n\ns 15(1)\namended by 38/2021 Sch 1 cl 18(1), (2)\n7.10.2021\ns 15(2)\namended by 38/2021 Sch 1 cl 18(3)\n7.10.2021\ns 15(3)\namended by 38/2021 Sch 1 cl 18(4)\n7.10.2021\ns 16\n\n\ns 16(1)\namended by 31/2018 s 9(1)\n6.4.2020\ns 16(2)\namended by 31/2018 s 9(2)\n6.4.2020\ns 16(4)\namended by 31/2018 s 9(3)\n6.4.2020\ns 17\n\n\ns 17(1)\n(g) deleted by 31/2018 s 10(1)\n6.4.2020\ns 17(3)\nsubstituted by 31/2018 s 10(2)\n6.4.2020\ns 18\n\n\ns 18(1)\namended by 31/2018 s 11\n6.4.2020\ns 18(2a)\ninserted by 62/2016 s 11(1)\n8.12.2016\ns 18(3a)\ninserted by 62/2016 s 11(2)\n8.12.2016\nPt 4\n\n\ns 23\n\n\ns 23(3)\namended by 66/2024 s 6\n1.8.2025\nss 23A—23C\ninserted by 66/2024 s 7\n1.8.2025\nss 24A and 24B\ninserted by 66/2024 s 8\n1.8.2025\ns 25\n\n\ns 25(3)\namended by 31/2018 s 12\n6.4.2020\ns 26\n\n\ns 26(3)\ninserted by 4/2023 s 24\n22.6.2023\nPt 5\n\n\ns 27\n\n\ns 27(2)\namended by 31/2018 s 13\n6.4.2020\ns 29\n\n\ns 29(1)\namended by 45/2019 Sch 1 cl 52(1)\n1.1.2021\ns 29(2)\ndeleted by 45/2019 Sch 1 cl 52(2)\n1.1.2021\ns 29A\ninserted by 54/2016 Sch 1 cl 2\n15.7.2017\n\ndeleted by 38/2021 Sch 1 cl 19\n7.10.2021\ns 30\n\n\ns 30(1)\namended by 66/2024 s 9\n1.8.2025\ns 30(2)\n\n\nmember of the Commissioner's staff\namended by 31/2018 s 14\n6.4.2020\ns 32\n\n\ns 32(3)\namended by 31/2018 s 15(1)\n6.4.2020\ns 32(5)—(7)\ninserted by 31/2018 s 15(2)\n6.4.2020\ns 33\n\n\ns 33(1)\namended by 31/2018 s 16\n6.4.2020\ns 34A\ninserted by 4/2023 s 25\n22.6.2023\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n8.12.2016\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\n8.12.2016\n\n15.7.2017\n\n6.4.2020\n\n1.1.2021\n\n7.10.2021\n\n1.5.2023\n\n22.6.2023\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act’s original purpose—an independent complaints mechanism to protect judicial integrity (s3)—has been expanded incrementally through amendments that broaden who and what is covered and add procedural detail. Notable scope changes include: expanded definitions of judicial office to explicitly include registrars and similar roles (amendments reflected in s4 and the schedule changes); clearer and broader confidentiality, publication and offence provisions (ss 32–34 as amended); strengthened interaction and referral procedures with the Office for Public Integrity/ICAC (s15 and consequential amendments); and added procedural safeguards and powers for panels and the Commissioner (new guideline requirement s6A; new procedural sections ss23A–23C and ss24A–24B). These additions move the statute from a relatively compact intake-and-referral framework toward a more elaborate statutory adjudicative and investigatory system with detailed rules on panels, witnesses and publication. The practical effect is a materially broader administrative and investigative apparatus than the Act originally established in 2015."},"complexity_factors":["Multiple decision stages: intake (s12), preliminary examination (s13), discretionary dismissal (s16), mandatory dismissal (s17), referral to jurisdictional head (s18), recommendation for panel (s20), Attorney‑General appointment of panels (s21).","Cross‑references to multiple external Acts (Courts Administration Act 1993 for jurisdictional heads; Independent Commission Against Corruption Act 2012 (ICAC) (s15); Royal Commissions Act 1917 for panel powers (s24); Evidence Act 1929 for witness protections (s23C)).","Defined terms and layered definitions in s4 (Commissioner, complainant, complaint, judicial office, judicial officer, jurisdictional head, relevant jurisdictional head) with several sub‑paragraphs expanding the scope of ‘judicial office’.","Conditional and timing rules: postponement during hearings (s14), referral and hold pending ICAC (s15), strict notification timings (s18(3) 28 days), and removal/suspension timelines involving Parliament (s7(11)–(13)).","Procedural complexity for panels: composition rules (s21), private meetings but procedural fairness (s23), rules on representation and cross‑examination limitations (ss 23B, 24B), and Royal Commission‑style powers (s24).","Confidentiality/publication regime with criminal penalties and different thresholds (s32, s33), plus commissioner discretion to publish if in public interest (s32(3)).","Delegation and staffing arrangements with specific eligibility and public sector interactions (ss 10–11), and eligibility/term rules for Commissioner (s7) including limits on total service and reappointment constraints.","Multiple amendment layers across years (2016, 2018, 2019, 2021, 2023, 2024) that have added sections (eg s6A, ss23A–23C, ss24A–24B) increasing procedural detail and interactions with ICAC and other bodies.","Sanctions and offences spread across different sections with varying penalties (criminal penalties for obstruction, false statements, publication breaches in ss 32–34)."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes a Judicial Conduct Commissioner (the Commissioner) whose job is to receive, examine and deal with complaints about the conduct of judicial officers (section 6, section 12).\n- Sets out who counts as a judicial officer and judicial office (including judges, magistrates, registrars and similar roles) and confirms the Act applies to conduct occurring before or after the Act started (section 4, section 5(2)).\n- Prescribes how complaints must be made (written, identify subject and complainant, details and any verification) and allows the Attorney‑General, jurisdictional heads or the Commissioner to initiate or refer matters (section 12(5)–(8)).\n- Requires a preliminary examination of complaints to decide whether they should be referred to the Office for Public Integrity (the State’s ICAC), dismissed (either mandatorily or at the Commissioner’s discretion), or referred to the relevant jurisdictional head for action (sections 13–18, 15, 16, 17, 18).  \n- If the Commissioner considers referral to ICAC is required because corruption is suspected, the complaint is sent to the Office for Public Integrity and consideration under this Act is put on hold (section 15).  \n- The Commissioner can recommend the Attorney‑General appoint a judicial conduct panel to inquire into matters that may warrant removal of a judicial officer; the Attorney‑General appoints panels (section 20, section 21).  \n- Judicial conduct panels are tri-member (two eligible judicial officers plus a lay member), operate in private, must follow procedural fairness, have powers similar to a Royal Commission (including compelling documents and witnesses) and must report findings and a view on whether removal is justified (sections 21, 23, 24, 25).  \n- If a panel concludes removal is justified, the Governor may remove the judicial officer (subject to constitutional or other special removal processes for judges) (section 26).  \n- Sets rules on confidentiality, authorised disclosure, publication of reports, and criminal penalties for unauthorised publication or obstructing the Commissioner or panels (sections 32, 33, 34).  \n- Provides for Commissioner appointment, term limits, eligibility, independence from direction, staff and delegation powers, reporting obligations (annual report and Parliamentary reports in certain cases), immunity for acts done in good faith, and limited avenues for judicial review (sections 6, 7, 10–11, 19, 27, 29–30).  \n\n**Who is affected**\n\n- Judicial officers: judges, magistrates, registrars and persons in prescribed judicial offices (section 4). They are the subjects of complaints, may be required to provide documents or undergo medical examinations, and may face panels that can recommend removal (sections 6(5), 24(2), 25–26).\n- Complainants and other persons affected by alleged judicial conduct: anyone can make a complaint in writing (subject to limited exclusions) and the Commissioner may treat other persons affected as complainants (section 12, section 4(1a)).\n- Attorney‑General and jurisdictional heads (court administrative heads): can refer matters, receive recommendations, act on referrals, and be consulted for appointments and information (sections 12(6)–(7), 18, 20, 21(2), 28).\n- Office for Public Integrity (ICAC): receives referrals where corruption in public administration is reasonably suspected and coordinates which body handles the matter (section 15).\n- Parliament: may receive immediate reports in serious cases and receives laid copies of panel reports and the Commissioner’s annual report (sections 19, 25, 27).\n- Legal practitioners and staff who participate in inquiries, counsel assisting and employees engaged by the Commissioner (various sections in Parts 2–4).\n\n**Why it matters (official purpose, then operational trade‑offs and effects)**\n\n- The Act’s stated purpose is to enhance public confidence in the judicial system and protect judicial impartiality by providing an independent complaints mechanism and a fair process that recognises judicial independence (section 3).  \n\nTesting that purpose against costs, incentives and trade‑offs:\n\n- Who pays: the administrative and investigation costs fall on the State (Commissioner offices, staff, panels, possible medical exams and counsel assisting) (Parts 2–4).  \n- Who decides: the Commissioner exercises initial control over intake, preliminary examinations and dismissal decisions (sections 13, 16–17); the Attorney‑General decides whether to establish a panel on recommendation (section 21); the Governor removes an officer following panel findings (section 26) or Parliament may act for constitutional removals (section 26(2)). These layered decision points disperse authority across independent and political offices.  \n- Behavioural effects on judicial officers: the existence of a statutory complaints pathway may change how judicial officers handle out‑of‑court conduct, record keeping, and interactions with court users because complaints can trigger inquiries, panel reviews and, in some cases, medical assessments (sections 13, 24(2)).  \n- Effects on private parties and businesses: minimal direct effect on private enterprise. Indirect effects include possible delays or postponements in hearing‑related complaints if they could disrupt an ongoing hearing (section 14), and criminal sanctions that restrict public commentary about complaints (sections 33–34).  \n- Compliance burden: judicial officers and witnesses may be required to produce documents, attend examinations, and comply with panel directions; there are criminal penalties for obstructing inquiries or unlawful publication (sections 24, 32–34).  \n- Bureaucratic discretion and risk: the Commissioner has broad discretion in intake, dismissal and publication decisions (sections 13, 16, 32(3)); the Attorney‑General makes final decisions on appointing panels following consultation with the Chief Justice (section 21(2)). Those discretionary points create potential for differing practices over time and require transparent guidelines (section 6A requires publication of procedural guidelines).  \n- Interaction with other accountability mechanisms: the Act sits alongside and defers to corruption investigations by the Office for Public Integrity/ICAC, and it preserves other statutory removal or misconduct processes (section 5(1), section 15). That can reduce duplication but requires coordination between agencies (section 15).  \n- Concentrated benefits vs diffuse costs: benefits (a formal review route and potential removal) are concentrated for complainants and the integrity/configuration of the judiciary, while costs (administration, procedural obligations) are spread across the public sector and judicial system.  \n- Implementation risks: how the Commissioner and Attorney‑General exercise their powers—timeliness of preliminary exams, thresholds for referral to panels, and publication decisions—will affect perceived fairness and the balance between transparency and protecting judicial independence (sections 13, 20, 32).  \n\n**Practical summary: who pays, who decides, what changes**\n\n- The State funds and operates the office; the Commissioner decides intake and most preliminary dispositions (s13–18).  \n- The Attorney‑General decides whether to convene a judicial conduct panel on the Commissioner’s recommendation (s20–21).  \n- Panels can compel evidence and make findings that may lead to removal (s24–26).  \n\n(Principal statutory references: objects s3; Commissioner functions and powers s6; appointment s7; complaints process s12–19; panels s21–26; confidentiality, publication and offences s32–34; immunity s30; review s29.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2015 Act focused on receiving and determining complaints. Through amendments in 2018, 2023, and 2024, the scope has expanded significantly: (1) added explicit protection against victimisation (section 4(3)); (2) introduced detailed procedural guidelines for judicial conduct panels (section 6A); (3) added specific witness protection mechanisms borrowing from the Evidence Act (section 23C); (4) created formal pre-questioning protocols for panels (sections 24A-24B); (5) expanded the definition of 'judicial office' to include various judicial registrar positions; and (6) added flexibility for the Commissioner to delay notifications. The Act has evolved from a complaints-handling framework into a comprehensive procedural system with detailed hearing protections and administrative machinery."},"complexity_factors":["Multiple pathways for complaints: complaints can be made by individuals, the Attorney-General, jurisdictional heads, or self-initiated by the Commissioner (section 12)","Complex referral mechanisms between the Commissioner and ICAC (section 15) with conditional postponement logic","Nested dismissal powers: mandatory dismissal (section 17) vs discretionary dismissal (section 16) with overlapping but distinct grounds","Sophisticated confidentiality regime: general prohibition on disclosure (section 32) with multiple exceptions and specific rules about revealing complainant identity (subsections 32(5)-(7))","Two-tier removal process: judicial conduct panels for most officers vs parliamentary address for senior judges (section 26)","Cross-referencing with other Acts: applies Royal Commissions Act 1917 powers (section 24), Evidence Act 1929 protections (section 23C), and interacts with ICAC Act 2012","Detailed procedural requirements for judicial conduct panels including quorum rules (section 23(4)), voting procedures (section 23(6)), and witness protections","Conditional notification requirements: Commissioner must notify various parties at different stages but can delay or withhold notification in specific circumstances (sections 12(4a), 34A)"],"plain_english_summary":"This South Australian law creates an independent watchdog—the **Judicial Conduct Commissioner**—to handle complaints about judges, magistrates, and other judicial officers. It sets up a fair process for investigating misconduct while protecting judicial independence.\n\n**What it does:**\n- **Receives complaints**: Anyone can complain about a judicial officer's conduct (though not about court decisions themselves—that's what appeals are for).\n- **Screens complaints**: The Commissioner first checks if a complaint is valid, serious enough, or should go elsewhere (like the corruption watchdog ICAC).\n- **Investigates**: The Commissioner can demand documents, interview people, and conduct preliminary examinations.\n- **Escalates serious cases**: For serious misconduct, the Commissioner can recommend a **judicial conduct panel**—a three-person tribunal (two judges/former judges plus a layperson) with Royal Commission powers to hold private hearings.\n- **Protects everyone involved**: Complainants get protection from victimisation; witnesses get special protections to reduce distress when giving evidence.\n\n**Who it affects:**\n- **Judicial officers**: Judges, magistrates, masters, judicial registrars, and special justices in South Australia.\n- **Complainants**: Members of the public, lawyers, or even the Attorney-General who want to raise concerns about judicial behaviour.\n- **Jurisdictional heads**: Senior judges (like the Chief Justice) who receive referrals and can take action against judicial officers they supervise.\n\n**Why it matters:**\nBefore this Act, there was no clear, independent way for the public to complain about judicial conduct. This law balances **accountability** (judges can be investigated and removed for serious misconduct) with **independence** (the Commissioner can't challenge court decisions, and judges can't be bullied through frivolous complaints). It ensures public confidence in the courts without undermining judicial independence."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope could not be assessed — the full text of the legislation was not available for analysis. No comparison between original intent and current provisions is possible."},"complexity_factors":["Insufficient legislative text was retrieved to perform a meaningful complexity assessment — the source URL returned a 404-style error page","Based on title alone, judicial conduct legislation typically involves moderate complexity due to constitutional separation of powers considerations","Score of 2 reflects uncertainty from lack of data, not a genuine assessment of the Act's complexity"],"plain_english_summary":"The Judicial Conduct Commissioner Act 2015 (SA) establishes an independent Judicial Conduct Commissioner to receive and investigate complaints about the conduct of South Australian judges and magistrates.  \n\nIt provides a formal accountability route affecting judges, magistrates, court users, lawyers and the public, so concerns about judicial behaviour can be addressed outside ordinary court proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/judicial-conduct-commissioner-act-2015","history":"/api/acts/judicial-conduct-commissioner-act-2015/history","analysis":"/api/acts/judicial-conduct-commissioner-act-2015/analysis","conflicts":"/api/acts/judicial-conduct-commissioner-act-2015/conflicts","importantCases":"/api/acts/judicial-conduct-commissioner-act-2015/important-cases","documents":"/api/acts/judicial-conduct-commissioner-act-2015/documents"}}