140Vexatious complainants

140 Vexatious complainants

(1) The Judicial Commission may declare a person to be a vexatious complainant if the person persistently and without reasonable grounds makes complaints, whether about one person who is a judicial officer or non-judicial member of VCAT or more than one such person.

(2) The Judicial Commission must notify the person in respect of whom a declaration under subsection (1) is to be made and give the person a reasonable opportunity to make a submission to the Judicial Commission about the proposed declaration within a specified time.

(3) In making a declaration under subsection (1), the Judicial Commission must have regard to any submission made within the time specified in the notice under subsection (2).

(4) The Judicial Commission must notify the person in respect of whom a declaration under subsection (1) is made as soon as possible after making the declaration.

(5) The Judicial Commission may—

(a) suspend a declaration made under subsection (1) for a period of time; or

(b) revoke a declaration made under subsection (1).

(6) The Judicial Commission must notify the person in respect of whom a declaration made under subsection (1) is suspended or revoked as soon as possible after the suspension or revocation.

(7) A declaration made under subsection (1) remains in force until the Judicial Commission revokes the declaration.

(8) If the Judicial Commission suspends a declaration made under subsection (1) for a period of time, the declaration ceases to be in force for the period during which it is suspended.

A complaint or referral made by a vexatious complainant must be dismissed—see sections 16(2)(a) and 35(1)(a).