The Act creates a statutory Judicial Commission and a Conduct Division to oversee judicial conduct, promote sentencing consistency and provide judicial education. It centralises complaint intake, investigation (including medical assessment where impairment is suspected) and evidence-gathering, with panels able to report to heads of jurisdiction or to the Governor where removal might be warranted.
It affects judicial officers, heads of jurisdiction, the Minister and the public — concentrating oversight powers and confidentiality while imposing public administrative costs and procedural compliance on judges.
The Judicial Officers Act 1986 (NSW) establishes a permanent, independent oversight mechanism for the New South Wales judiciary while preserving judicial independence. At its heart, the Act constitutes the Judicial Commission of New South Wales (s 5) as a corporation with ten members: six official judicial heads and four appointed members (one legal practitioner and three community members of high standing). The Commission exercises functions across four broad areas.
First, it operates a comprehensive complaints regime (Part 6). Any person may lodge a written complaint (s 17) about a judicial officer’s ability or behaviour (s 15(1)). The Commission conducts a private preliminary examination (s 18), after which it must summarily dismiss the complaint if any of eight grounds in s 20(1) apply (frivolous, trivial, already adequately appealable, officer no longer judicial, etc.). Non-dismissed complaints are referred to the Conduct Division (s 21(1)), a panel of two judicial officers and one community representative nominated by Parliament (s 22 and Sch 2A). The Conduct Division examines the matter (s 23), may hold public or private hearings with Royal Commission powers (ss 24–25, applying the Royal Commissions Act 1923 with adaptations), and reaches one of three outcomes: dismissal (s 26), a finding that the matter does not warrant parliamentary removal but should be referred to the head of jurisdiction (s 28(1)(b)), or a formal report to the Governor opining that removal may be justified on grounds of proved misbehaviour or incapacity (s 29(1)). The Minister must table such a report in both Houses (s 29(3)–(5)).
Second, the Act confers positive functions on the Commission. These include monitoring sentencing to promote consistency (s 8), organising continuing judicial education with particular attention to newly appointed officers (s 9), issuing guidelines for its own and the Conduct Division’s procedures (s 10), advising the Minister, liaising with other bodies, and even entering commercial contracts for information-technology services developed in the course of its work (s 11).
Current sections
Direct links to the current provisions in Judicial Officers Act 1986.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Chairperson means the Chairperson of the Conduct Division.
Commission means the Judicial Commission of New South Wales constituted by this Act.
complaint means a complaint under Part 6 about a judicial officer.
Conduct Division means the Conduct Division of the Commission.
judicial officer means (except in Part 7A)—
(a) a Judge or associate Judge of the Supreme Court,
(b) a member, including a judicial member, of the Industrial Relations Commission,
(c) a Judge of the Land and Environment Court,
(d) a Judge of the District Court,
(e) the President of the Children’s Court,
(f) a Judge of the Local Court,
(g) (Repealed)
(h) the President of the Civil and Administrative Tribunal.
President means the President of the Commission.
regulations means regulations under this Act.
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) In this Act, a reference to the Chief Justice or the holder of any other judicial office includes a reference to an Acting Chief Justice or a person duly exercising the functions of or appointed to act in that other office.
(3A) This Act extends to acting appointments to a judicial office, whether made with or without a specific term.
(4) (Repealed)
(5) In this Act, a reference to the relevant head of jurisdiction is a reference to—
(a) the Chief Justice, in relation to a Judge or associate Judge of the Supreme Court,
(b) the President of the Industrial Relations Commission, in relation to a member of that Commission,
(c) the Chief Judge of another court, in relation to a Judge of the other court.
(d) (Repealed)
(5A) In this Act, a reference to a Judge of the Local Court includes a reference to—
(a) a Children’s Judge of the Children’s Court, and
(b) an Industrial Local Court Judge.
(6) In this Act, all references to the Governor are references to the Governor with the advice of the Executive Council.
(7) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.
(8) Notes included in this Act do not form part of this Act.
s 3: Am 1987 No 22, Sch 1 (1); 1987 No 273, Sch 1; 1991 No 34, Sch 3; 1996 No 17, Sch 5; 1997 No 77, Sch 6.3 [1]; 2002 No 23, Sch 1.4 [1] [2]; 2005 No 31, Sch 14.3 [1] [2]; 2005 No 98, Sch 3.35 [1]; 2006 No 34, Sch 1 [1]; 2007 No 92, Sch 4.9; 2009 No 13, Sch 2.4 [1]; 2009 No 117, Sch 1 [1]; 2013 No 2, sec 36 (1); 2013 No 95, Sch 2.87 [1]; 2016 No 48, Sch 2.24 [1]–[3]; 2018 No 87, Sch 2.4 [1]; 2023 No 41, Sch 2.23[1] [2]; 2025 No 61, Sch 2.55[1]–[5].
Part 2
Part 2
Part 2
4 (Repealed)
pt 2: Rep 2006 No 120, Sch 2.42.
s 4: Rep 1992 No 106, Sch 2 (1).
Part 3
The Judicial Commission
Part 3 The Judicial Commission
Part 3 The Judicial Commission
5
The Commission
5 The Commission
5 The Commission
(1) There is constituted by this Act a commission to be called the “Judicial Commission of New South Wales”.
(1A) The Commission is, by virtue of this subsection, a corporation.
(2) The Commission shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(3) The Commission shall consist of 10 members, of whom—
(a) 6 are official members, and
(b) 4 are appointed members, who shall be appointed by the Governor on the nomination of the Minister.
(4) The official members are—
(a) the Chief Justice of the Supreme Court,
(b) the President of the Court of Appeal,
(c) the President of the Industrial Relations Commission,
(d) the Chief Judge of the Land and Environment Court,
(e) the Chief Judge of the District Court,
(f) the Chief Judge of the Local Court.
(5) Of the appointed members—
(a) one shall be an Australian legal practitioner nominated following consultation by the Minister with the President of the New South Wales Bar Association and the President of the Law Society of New South Wales, and
(b) 3 are to be persons nominated following consultation by the Minister with the Chief Justice and who, in the opinion of the Minister, have high standing in the community.
(6) The Chief Justice is President of the Commission.
(7) Schedule 1 has effect with respect to the appointed members of the Commission.
(8) Schedule 2 has effect with respect to the procedure of the Commission.
s 5: Am 1987 No 22, Sch 1 (2); 1991 No 34, Sch 3; 1996 No 17, Sch 5; 1998 No 9, Sch 1 [1]–[3]; 2002 No 23, Sch 1.4 [3]–[5]; 2006 No 30, Sch 9.7; 2016 No 48, Sch 2.24 [4]; 2023 No 41, Sch 2.23[3]; 2025 No 61, Sch 2.55[6].
6
Staff etc of the Commission
6 Staff etc of the Commission
6 Staff etc of the Commission
(1) The Commission may employ a Chief Executive and such other staff as may be necessary to enable the Commission to exercise its functions.
(2) The Commission may, with the concurrence of the Secretary of the Premier’s Department, fix the salaries, wages, allowances and conditions of employment of any such staff in so far as they are not fixed by or under another Act or law.
(3) The Commission may—
(a) with the approval of the Minister to whom the agency or authority concerned is responsible, and
(b) on such terms and conditions as may be approved by the Secretary of the Premier’s Department,
arrange for the use of the services of any employees or facilities of a Public Service agency or public authority.
(4) The Commission may, on such terms and conditions as may be approved by the Secretary of the Premier’s Department, engage any suitably qualified person to provide the Commission with services, information or advice.
(5) For the purposes of this Act, a person who is employed under subsection (1), or whose services are made use of under subsection (3), is an officer of the Commission.
(6) Schedule 5 has effect with respect to the rights of certain staff of the Commission.
s 6: Subst 1987 No 22, Sch 1 (3). Am 2015 No 58, Sch 3.54 [1] [2]; 2024 No 35, Sch 3.9.
7
Delegation
7 Delegation
7 Delegation
(1) The Commission may delegate to a member, officer or committee of the Commission the exercise of any of its functions.
(2) This section does not authorise—
(a) the delegation of any function relating to complaints, except to a committee referred to in section 12 (2), or
(b) the delegation of this power of delegation.
(3) A delegation—
(a) shall be evidenced by an instrument signed by the President or another member authorised by the Commission for the purpose,
(b) may be general or limited, and
(c) may be revoked, wholly or partly, by the Commission.
(4) A delegate is, in the exercise of a delegated function, subject to such conditions as are specified in the instrument of delegation.
(5) A delegated function, when exercised by the delegate, shall be deemed to have been exercised by the Commission.
(6) A delegation does not prevent the exercise of a function by the Commission.
(7) A function purporting to have been exercised by a delegate shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 4
Functions of the Commission
Part 4 Functions of the Commission
Part 4 Functions of the Commission
8
Sentencing
8 Sentencing
8 Sentencing
(1) The Commission may, for the purpose of assisting courts to achieve consistency in imposing sentences—
(a) monitor or assist in monitoring sentences imposed by courts, and
(b) disseminate information and reports on sentences imposed by courts.
(2) Nothing in this section limits any discretion that a court has in determining a sentence.
(3) In this section, sentence includes any order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence.
9
Judicial education
9 Judicial education
9 Judicial education
(1) The Commission may organise and supervise an appropriate scheme for the continuing education and training of judicial officers.
(2) In organising such a scheme, the Commission shall—
(a) endeavour to ensure that the scheme is appropriate for the judicial system of the State, having regard to the status and experience of judicial officers,
(b) invite suggestions from and consult with judicial officers as to the nature and extent of an appropriate scheme,
(c) have regard to the differing needs of different classes of judicial officers and give particular attention to the training of newly appointed judicial officers, and
(d) have regard to such other matters as appear to the Commission to be relevant.
10
Guidelines
10 Guidelines
10 Guidelines
(1) In addition to its functions under Part 6 in relation to complaints—
(a) the Commission may formulate guidelines to assist both it and the Conduct Division in the exercise of their functions, and
(b) the Commission shall monitor in a general way the activities of the Conduct Division.
(2) The guidelines for the Conduct Division may include provisions with respect to any one or more of the following matters—
(a) the manner in which the Conduct Division should conduct its examination of complaints generally,
(b) the manner in which the Conduct Division should conduct its hearings in connection with complaints,
(c) the criteria that the Conduct Division should consider when determining whether a hearing should be held in public or in private,
(d) the criteria that the Conduct Division should consider when exercising its power to consent to legal representation for persons appearing at its hearings.
(3) (Repealed)
s 10: Am 2006 No 34, Sch 1 [2]–[4].
11
Other functions of the Commission
11 Other functions of the Commission
11 Other functions of the Commission
(1) Other functions of the Commission are—
(a) to give advice to the Minister on such matters as the Commission thinks appropriate, and
(b) to liaise with persons or organisations in connection with any of its functions, and
(c) to enter into and carry out contractual arrangements (including commercial arrangements) for the supply by the Commission to others of property or services that comprise or make use of information technology, expertise or other things developed by the Commission in the exercise of its functions.
(2) The Commission’s functions under subsection (1) may be exercised both within New South Wales and elsewhere.
s 11: Am 2006 No 34, Sch 1 [5] [6].
12
Committees
12 Committees
12 Committees
(1) The Commission may establish committees to assist it in connection with the exercise of any of its functions.
(2) A committee dealing with any aspect of complaints must consist entirely of members of the Commission, at least one of whom must be an appointed member.
(3) It does not matter that any or all of the members of any other committee are not members of the Commission.
(4) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings shall be as determined by the Commission or (subject to any determination of the Commission) by the committee.
Part 5
The Conduct Division
Part 5 The Conduct Division
Part 5 The Conduct Division
13
The Conduct Division
13 The Conduct Division
13 The Conduct Division
(1) There shall be a Conduct Division of the Commission.
(2) The Conduct Division shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(3) Subject to subsection (3A), the functions of the Conduct Division may be exercised by 3 persons in accordance with Part 6, and not otherwise.
(3A) The following functions of the Conduct Division under Part 6 may be exercised by the Chairperson alone—
(a) giving directions,
(b) making determinations as to procedural matters.
(4) Schedule 3 has effect with respect to the procedure of the Conduct Division.
s 13: Am 2020 No 24, Sch 1.8[1] [2].
14
Functions of the Conduct Division
14 Functions of the Conduct Division
14 Functions of the Conduct Division
The functions of the Conduct Division are to examine and deal with complaints referred to it under Part 6 and formal requests referred to it under Part 6A.
s 14: Subst 2006 No 34, Sch 1 [7].
Part 6
Complaints against judicial officers
Part 6 Complaints against judicial officers
Part 6 Complaints against judicial officers
Division 1
Making of complaints
Division 1 Making of complaints
Division 1 Making of complaints
15
Complaints
15 Complaints
15 Complaints
(1) Any person may complain to the Commission about a matter that concerns or may concern the ability or behaviour of a judicial officer.
(2) The Commission shall not deal with a complaint (otherwise than to summarily dismiss it under section 20) unless it appears to the Commission that—
(a) the matter, if substantiated, could justify parliamentary consideration of the removal of the judicial officer from office, or
(b) although the matter, if substantiated, might not justify parliamentary consideration of the removal of the judicial officer from office, the matter warrants further examination on the ground that the matter may affect or may have affected the performance of judicial or official duties by the officer.
(3) The Commission shall not deal with a complaint (otherwise than to summarily dismiss it under section 20) about—
(a) a matter arising before the appointment of the judicial officer to the judicial office then held, or
(b) a matter arising before the commencement of this Act,
unless it appears to the Commission that the matter, if substantiated, could justify parliamentary consideration of the removal of the officer from office.
(4) A complaint may be made in relation to a judicial officer’s competence in performing judicial or official duties, so long as the Commission is satisfied as to the matters mentioned in subsection (2) (a) or (b).
(5) A complaint may be made in relation to a matter, and be dealt with, even though the matter is already or has been the subject of investigation or other action by the Commission or Conduct Division or by any other body or person.
(6) Without limiting the foregoing, a complaint may be made in relation to a matter, and be dealt with, even though the matter constitutes or may constitute a criminal offence (whether or not dealt with, or being dealt with, by a court).
(7) The Commission or Conduct Division may adjourn consideration of any matter if it is being dealt with by a court or for any other appropriate reason.
16
References by Minister
16 References by Minister
16 References by Minister
(1) The Minister may refer any matter relating to a judicial officer to the Commission.
(2) A reference under this section shall be treated as a complaint under this Act.
17
Manner of making complaints
17 Manner of making complaints
17 Manner of making complaints
(1) A complaint shall be made in accordance with the regulations.
(2) A complaint must be in writing and must identify the complainant and the judicial officer concerned.
Division 2
Preliminary examination of complaints
Division 2 Preliminary examination of complaints
Division 2 Preliminary examination of complaints
18
Preliminary examination
18 Preliminary examination
18 Preliminary examination
(1) The Commission shall conduct a preliminary examination of a complaint.
(2) In conducting the preliminary examination, the Commission may initiate such inquiries into the subject-matter of the complaint as it thinks appropriate.
(3) The examination or inquiries shall, as far as practicable, take place in private.
19
19
19 (Repealed)
20
Summary dismissal of complaints
20 Summary dismissal of complaints
20 Summary dismissal of complaints
(1) The Commission shall summarily dismiss the complaint if it is of the opinion that, whether or not it appears to be substantiated—
(a) the complaint is one that it is required not to deal with,
(b) the complaint is frivolous, vexatious or not in good faith,
(c) the subject-matter of the complaint is trivial,
(d) the matter complained about occurred at too remote a time to justify further consideration,
(e) in relation to the matter complained about, there is or was available a satisfactory means of redress or of dealing with the complaint or the subject-matter of the complaint,
(f) without limiting paragraph (e), the complaint relates to the exercise of a judicial or other function that is or was subject to adequate appeal or review rights,
(g) the person complained about is no longer a judicial officer, or
(h) having regard to all the circumstances of the case, further consideration of the complaint would be or is unnecessary or unjustifiable.
(2) In deciding whether or not to summarily dismiss a complaint, the Commission may have regard to such matters as it thinks fit.
s 20: Am 2006 No 34, Sch 1 [8].
21
Reference of complaint to Conduct Division or head of jurisdiction
21 Reference of complaint to Conduct Division or head of jurisdiction
21 Reference of complaint to Conduct Division or head of jurisdiction
(1) A complaint made to the Commission in accordance with this Act shall, if it is not summarily dismissed, be referred to the Conduct Division.
(2) The Commission may however refer a complaint to the relevant head of jurisdiction if the Commission thinks that, although the complaint appears to be wholly or partly substantiated, it does not justify the attention of the Conduct Division.
(3) A reference under subsection (2) may include recommendations as to what steps might be taken to deal with the complaint.
s 21: Am 2006 No 34, Sch 1 [9].
21A
Reports to Minister
21A Reports to Minister
21A Reports to Minister
After dealing with a matter referred to it under section 16, the Commission must notify the Minister as to whether the matter has been summarily dismissed under section 20 (1), referred to the Conduct Division under section 21 (1) or referred to the relevant head of jurisdiction under section 21 (2).
s 21A: Ins 2006 No 34, Sch 1 [10].
Division 3
The Conduct Division
Division 3 The Conduct Division
Division 3 The Conduct Division
22
Constitution of Conduct Division
22 Constitution of Conduct Division
22 Constitution of Conduct Division
(1) The Commission shall appoint a panel of 3 persons to be members of the Conduct Division for the purpose of exercising the functions of the Division in relation to a complaint referred to the Division.
(2) Of the panel of 3 persons so appointed—
(a) 2 are to be judicial officers (but one may be a retired judicial officer), and
(b) one is to be a community representative, being a person of high standing in the community nominated by Parliament in accordance with Schedule 2A.
(3) One of the judicial officers shall be appointed by the Commission as Chairperson of the Conduct Division.
(4) It does not matter that any or all of the members of the Conduct Division are not members of the Commission.
(5) More than one panel may be constituted, and sit, at any time to deal with different complaints.
(6) One panel may deal with 2 or more complaints, if the Commission considers it appropriate in the circumstances.
s 22: Am 2007 No 37, Sch 1 [1].
23
Examination of complaint by Conduct Division
23 Examination of complaint by Conduct Division
23 Examination of complaint by Conduct Division
(1) The Conduct Division shall conduct an examination of a complaint referred to it.
(2) In conducting the examination, the Conduct Division may initiate such investigations into the subject-matter of the complaint as it thinks appropriate.
(3) The examination or investigations shall, as far as practicable, take place in private.
24
Hearings by Conduct Division
24 Hearings by Conduct Division
24 Hearings by Conduct Division
(1) The Conduct Division may hold hearings in connection with the complaint.
(2) A hearing may be held in public or in private, as the Conduct Division may determine.
(3), (4) (Repealed)
(5) If a hearing or part of a hearing is to take place in private, the Conduct Division may give directions as to the persons who may be present.
(6) At a hearing—
(a) the judicial officer complained about may be represented by an Australian legal practitioner, and
(b) if, by reason of the existence of special circumstances, the Conduct Division consents to any other person being represented by an Australian legal practitioner—the person may be so represented.
(7) At a hearing—
(a) counsel assisting the Conduct Division,
(b) any person authorised by the Division to appear before it at the hearing, or
(c) any Australian legal practitioner representing a person at the hearing pursuant to subsection (6),
may, so far as the Division thinks appropriate, examine or cross-examine any witness on any matter that the Division considers relevant.
s 24: Am 2005 No 98, Sch 3.35 [2] [3]; 2006 No 34, Sch 1 [11].
25
Powers of Conduct Division concerning evidence
25 Powers of Conduct Division concerning evidence
25 Powers of Conduct Division concerning evidence
(1) For the purposes of a hearing in connection with a complaint—
(a) the Conduct Division and the Chairperson have the functions, protections and immunities conferred by the Royal Commissions Act 1923 on commissioners and the chairman of a commission appointed under that Act, and
(b) that Act, with any necessary adaptations, applies to any witness summoned by or appearing before the Division in the same way as it applies to a witness summoned by or appearing before a commissioner under that Act.
(2) Subsection (1) applies to and in respect of the Conduct Division and the Chairperson whether or not the Chairperson is a Judge of the Supreme Court.
(3) For the purposes of subsection (1), a reference in that subsection to the Royal Commissions Act 1923 does not include a reference to section 13, 15 (1) or 17 (4) of that Act.
(4) (Repealed)
s 25: Am 2006 No 34, Sch 2 [2] [3].
26
Dismissal of complaint by Conduct Division
26 Dismissal of complaint by Conduct Division
26 Dismissal of complaint by Conduct Division
(1) The Conduct Division shall dismiss a complaint to the extent that the Division is of the opinion that—
(a) the complaint should be dismissed on any of the grounds on which the Commission may summarily dismiss complaints, or
(b) the complaint has not been substantiated.
(2) If the Conduct Division dismisses a complaint it must give a report to the Commission setting out the Division’s conclusions.
(3) The Commission must give a copy of the report to the judicial officer concerned.
(4) The Commission may give a copy of the report (or a summary of the report) to the complainant unless the Conduct Division has notified the Commission in writing that this should not occur.
s 26: Am 2014 No 14, Sch 3.3 [1].
27
27
27 (Repealed)
28
Substantiation of complaint
28 Substantiation of complaint
28 Substantiation of complaint
(1) If the Conduct Division decides that a complaint is wholly or partly substantiated—
(a) it may form an opinion that the matter could justify parliamentary consideration of the removal of the judicial officer complained about from office, or
(b) it may form an opinion that the matter does not justify such consideration and should therefore be referred back to the relevant head of jurisdiction.
(2) If it forms an opinion referred to in subsection (1) (b), the Conduct Division must send a report to the relevant head of jurisdiction setting out the Division’s conclusions.
(3) A report under subsection (2) may include recommendations as to what steps might be taken to deal with the complaint.
(4) A copy of a report under subsection (2) must also be given to the Commission.
(5) The Commission must give a copy of the report to the judicial officer concerned.
(6) The Commission may give a copy of the report (or a summary of the report) to the complainant unless the Conduct Division has notified the Commission in writing that this should not occur.
s 28: Subst 2006 No 34, Sch 1 [12]. Am 2014 No 14, Sch 3.3 [2].
29
Reports to Governor
29 Reports to Governor
29 Reports to Governor
(1) If the Conduct Division decides that a complaint is wholly or partly substantiated and forms an opinion that the matter could justify parliamentary consideration of the removal of the judicial officer from office, it must present to the Governor a report setting out the Division’s findings of fact and that opinion.
(2) (Repealed)
(2A) A copy of the report must be furnished forthwith to the Minister.
(3) The Minister shall lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after the report is presented to the Governor.
(4) The Minister may present the report to the Clerks of both Houses of Parliament when Parliament is not sitting, and thereupon the report shall for all purposes be deemed to have been laid before both Houses of Parliament, but the Minister shall nevertheless lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after Parliament resumes.
(5) A report presented to the Clerk of a House of Parliament may be printed by authority of the Clerk of the House and shall for all purposes be deemed to be a document published by order or under the authority of the House.
(6) A copy of any report presented to the Governor shall also be furnished forthwith to the Commission and, after it has been laid before each House of Parliament, to the complainant.
(7) (Repealed)
(8) A copy of any report referred to in this section shall also be furnished to the judicial officer concerned.
s 29: Am 2006 No 34, Schs 1 [13] [14], 2 [5] [6].
Division 4
Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
30
30
30 (Repealed)
31
Extension or partial dismissal of complaint
31 Extension or partial dismissal of complaint
31 Extension or partial dismissal of complaint
(1) In dealing with a complaint about a judicial officer, the Commission or Conduct Division is not limited to the matters raised initially in the complaint, and the Commission or Division may treat the original complaint as extending to other matters arising in the course of its being dealt with.
(2) If, in dealing with a complaint about a judicial officer, matters which might constitute grounds for a complaint about another judicial officer come to the attention of the Commission or Conduct Division, it may treat the original complaint as extending to the new matters.
(3) A power to dismiss a complaint (whether summarily or not) includes a power to dismiss a part of a complaint.
s 31: Am 2006 No 34, Sch 1 [15] [16].
32
Non-finalisation of certain matters
32 Non-finalisation of certain matters
32 Non-finalisation of certain matters
(1) The Conduct Division shall cease dealing with a complaint about a judicial officer if the officer ceases to hold office for any reason.
(2) If the Conduct Division is dealing with more than one matter concerning a judicial officer, it need not deal with all of the matters if it is satisfied that it has dealt with one or more of the matters in a way that makes it unnecessary to finish dealing with all of them.
(3) Nothing in this section prevents the referral of, or the making of a report about, a complaint.
33
Cases where non-judicial officers involved
33 Cases where non-judicial officers involved
33 Cases where non-judicial officers involved
If a complaint about a judicial officer involves, or after examination is found to involve, a person who has never been or who has ceased to be a judicial officer, the Conduct Division may exercise its functions in relation to the person to the extent necessary to deal with and finalise its deliberations about the judicial officer.
34
Medical or psychological examination
34 Medical or psychological examination
34 Medical or psychological examination
(1) If the Conduct Division is of the opinion that a judicial officer about whom a complaint has been made may be physically or mentally unfit to exercise efficiently the functions of a judicial office, the Division may request the officer to undergo such a medical or psychological examination as the Division specifies.
(2) If the judicial officer refuses or fails to undergo the medical or psychological examination, the Conduct Division may, having regard to that refusal or failure and to any other relevant factors, and if it considers the matter to be sufficiently serious, form an opinion that the matter could justify parliamentary consideration of the removal of the officer from office.
s 34: Am 2006 No 34, Schs 1 [17], 2 [8].
35
Referral of complaint
35 Referral of complaint
35 Referral of complaint
(1) If the Conduct Division decides, after examination of a complaint, that action under this section is warranted, the Division may refer the complaint or a matter arising under the complaint to any person or body considered by the Division to be appropriate in the circumstances.
(2) In referring a complaint or matter, the Conduct Division may communicate to the person or body any information that the Division has obtained during the course of examining the complaint.
(3) The Conduct Division may refer a complaint or matter to a person or body even though a similar complaint or matter has already been referred.
(4) If the Conduct Division refers a complaint or matter, the Division does not thereby become a complainant for the purposes of any other Act.
(5) This section authorises the referral of a complaint or matter even though it involves a person who has never been or has ceased to be a judicial officer.
(6) Referral of a complaint or matter does not remove any obligation that the Conduct Division has under this Act in relation to the complaint.
36
Release of information
36 Release of information
36 Release of information
(1) The Conduct Division may give directions preventing or restricting the publication of evidence given before the Division or of matters contained in documents lodged with the Division.
(2) A person who makes a publication in contravention of a direction under this section is guilty of an offence punishable, upon conviction, by a fine not exceeding 100 penalty units or imprisonment for a period not exceeding one year, or both.
s 36: Am 1992 No 112, Sch 1.
37
Disclosure of information by members or officers of Commission
37 Disclosure of information by members or officers of Commission
37 Disclosure of information by members or officers of Commission
(1) A member or officer of the Commission or Conduct Division, or a member of a committee of the Commission, shall not disclose any information obtained by the member or officer in the course of his or her office in relation to a complaint, unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained,
(b) in connection with the administration or execution of this Act (except sections 8 and 9),
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d) with other lawful excuse.
(2) This section does not operate to render admissible in any proceedings any evidence that would not have been so admissible if this section had not been enacted.
(3) A person who contravenes this section is guilty of an offence punishable, upon conviction, by a fine not exceeding 100 penalty units or imprisonment for a period not exceeding one year, or both.
s 37: Am 1992 No 112, Sch 1.
37A
Information about complaints to be provided to Minister
37A Information about complaints to be provided to Minister
37A Information about complaints to be provided to Minister
(1) The Commission must, at the request of the Minister, provide the Minister with information that discloses the following in relation to a particular judicial officer—
(a) whether a complaint has been made, when a complaint was made and when the matter about which a complaint was made is alleged to have occurred,
(b) the subject-matter of the complaint,
(c) the stage of the procedure for dealing with a complaint that the complaint has reached,
(d) for a complaint that has been disposed of, the manner in which the complaint was disposed of.
(2) However, the Commission is not required to provide information about a complaint against a particular judicial officer if the Commission considers it is not in the public interest to provide the information, unless the complaint has been referred to the Conduct Division.
(3) The Commission must notify the Minister when a complaint about a judicial officer is referred to the Conduct Division and when and the manner in which such a complaint is disposed of (whether or not the Minister has requested information about the complaint).
(4) The Commission may, when providing the Minister with information about a complaint against a judicial officer under this section, also provide other information that the Commission considers relevant.
s 37A: Ins 2012 No 40, Sch 1 [1].
38
Vexatious complainants
38 Vexatious complainants
38 Vexatious complainants
(1) If any person habitually and persistently, and mischievously or without any reasonable grounds, makes complaints, whether about the same or different judicial officers, the Commission may declare the person to be a vexatious complainant.
(2) The Commission may disregard any complaint made by the person while the declaration is in force.
(3) The Commission may revoke the declaration, but is not obliged to have regard to any such complaint made while the declaration was in force.
39
Allowances to witnesses
39 Allowances to witnesses
39 Allowances to witnesses
(1) The regulations may prescribe a scale of allowances payable to a witness summoned to appear before the Conduct Division for travelling expenses and maintenance while absent from the witness’s usual place of residence.
(2) If the regulations do not prescribe such a scale of allowances, allowances shall be payable as if the witness were a witness in proceedings in the Supreme Court.
(3) The claim to allowance of any witness referred to in this section shall be paid by the Treasurer out of money provided by Parliament.
Part 6A
Suspected impairment of judicial officers
Part 6A Suspected impairment of judicial officers
Part 6A Suspected impairment of judicial officers
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39A
Definitions
39A Definitions
39A Definitions
In this Part—
formal request means a request about a judicial officer that has been made by the relevant head of jurisdiction under section 39B.
impairment includes any physical or mental impairment.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39B
References by heads of jurisdiction
39B References by heads of jurisdiction
39B References by heads of jurisdiction
(1) If of the opinion that a judicial officer may have an impairment that affects his or her performance of judicial or official duties, the relevant head of jurisdiction may request the Commission to investigate the matter.
(2) A request made under subsection (1) is not a complaint.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39C
Preliminary examination
39C Preliminary examination
39C Preliminary examination
(1) The Commission must conduct a preliminary examination into the subject-matter of a formal request.
(2) In conducting the preliminary examination, the Commission may initiate such inquiries into the subject-matter of the request as it thinks appropriate.
(3) The examination or inquiries must, as far as practicable, take place in private.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39D
Medical or psychological examination
39D Medical or psychological examination
39D Medical or psychological examination
(1) For the purpose of its preliminary examination in relation to a formal request, the Commission may require the judicial officer concerned to undergo such medical or psychological examination as the Commission specifies.
(2) If the judicial officer refuses or fails to undergo the medical or psychological examination, the Commission may deal with the matter as if the judicial officer were the subject of a complaint.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39E
Action following preliminary examination
39E Action following preliminary examination
39E Action following preliminary examination
(1) Following its preliminary examination in relation to a formal request, the Commission—
(a) if of the opinion that, having regard to the results of a medical or psychological examination, the judicial officer may have an impairment that affects his or her performance of judicial or official duties—
(i) may refer the matter to the Conduct Division, or
(ii) may refer the matter back to the relevant head of jurisdiction,
together with a report that sets out the results of the medical or psychological examination, or
(b) in any other case, must summarily dismiss the request.
(2) In any case, the Commission must cause notice of its action to be given to the relevant head of jurisdiction.
(3) If a matter is referred back to the relevant head of jurisdiction under subsection (1) (a) (ii), the reference may include recommendations as to what steps might be taken to deal with any impairment disclosed by the Commission’s examination of the matter.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39F
Examination of matter referred
39F Examination of matter referred
39F Examination of matter referred
(1) The Conduct Division must conduct an examination of a matter referred to it under section 39E.
(2) The Conduct Division has the same functions in relation to the examination of a matter referred to it under this section as it has in relation to the examination of a complaint.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
39G
Report as to Conduct Division’s conclusions
39G Report as to Conduct Division’s conclusions
39G Report as to Conduct Division’s conclusions
(1) If the Conduct Division is of the opinion that the judicial officer is physically or mentally unfit to exercise efficiently the functions of a judicial office, the Conduct Division is to present a report to the Governor setting out the Division’s conclusions.
(2) Section 29 applies to a report under subsection (1) in the same way as it applies to a report under section 29 (1).
(3) If the Conduct Division is not of the opinion that the judicial officer is physically or mentally unfit to exercise efficiently the functions of a judicial office, the Conduct Division is to send a report to the relevant head of jurisdiction setting out the Division’s conclusions.
(4) A report under subsection (3) may include recommendations as to what steps might be taken to deal with any impairment disclosed by the Conduct Division’s examination of the matter.
pt 6A (ss 39A–39G): Ins 2006 No 34, Sch 1 [18].
Part 7
Suspension and removal of judicial officers
Part 7 Suspension and removal of judicial officers
Part 7 Suspension and removal of judicial officers
40
Suspension of judicial officers
40 Suspension of judicial officers
40 Suspension of judicial officers
(1) If—
(a) a complaint is made about a judicial officer or a report is made by the Conduct Division setting out its opinion that a matter could justify parliamentary consideration of the removal of a judicial officer from office, or
(b) a judicial officer is—
(i) charged in New South Wales with an offence that is punishable by imprisonment for 12 months or upwards or charged elsewhere than in New South Wales with an offence that if committed in New South Wales would be an offence so punishable, or
(ii) convicted in New South Wales or elsewhere of such an offence, or
(c) a formal request, within the meaning of Part 6A, has been made in respect of a judicial officer,
the appropriate authority may suspend the officer.
(2) The appropriate authority may lift the suspension at any time.
(3) (Repealed)
s 40: Am 1992 No 106, Sch 2 (2); 2020 No 24, Sch 1.8[3].
41
Removal of judicial officers
41 Removal of judicial officers
41 Removal of judicial officers
(1) A judicial officer may not be removed from office in the absence of a report of the Conduct Division to the Governor under this Act that sets out the Division’s opinion that the matters referred to in the report could justify parliamentary consideration of the removal of the judicial officer on the ground of proved misbehaviour or incapacity.
(2) The provisions of this section are additional to those of section 53 of the Constitution Act 1902.
s 41: Subst 1992 No 106, Sch 2 (3).
42
Functions of suspended judicial officers
42 Functions of suspended judicial officers
42 Functions of suspended judicial officers
(1) A suspended judicial officer may not exercise any judicial functions or any official functions connected with the judicial office.
(2) The appropriate authority may however authorise a suspended judicial officer to exercise functions for the purpose of completing any specified matter or class of matters.
(3) A suspended judicial officer may not exercise any functions of a member of the Commission or Conduct Division.
(4) If a suspended judicial officer does exercise any judicial or official functions in contravention of this section, the functions shall nevertheless be taken to have been performed as validly as if the officer had not been suspended.
43
Appropriate authorities to suspend etc
43 Appropriate authorities to suspend etc
43 Appropriate authorities to suspend etc
For the purposes of this Part, the appropriate authority is the relevant head of jurisdiction, but, in relation to a member of the Commission, the President of the Children’s Court or the President of the Civil and Administrative Tribunal, the appropriate authority is the Governor acting on the recommendation of the Commission.
s 43: Am 1997 No 77, Sch 6.3 [2]; 2009 No 13, Sch 2.4 [2]; 2013 No 2, sec 36 (2); 2013 No 95, Sch 2.87 [2].
43AA
Other action following complaint under Part 6 or formal request under Part 6A
43AA Other action following complaint under Part 6 or formal request under Part 6A
43AA Other action following complaint under Part 6 or formal request under Part 6A
(1) This section applies if—
(a) a reference under section 21 (2), or a report under section 28 (2), contains any recommendations as to what steps might be taken to deal with any complaint against a judicial officer, or
(b) a reference under section 39E (1) (a) (ii), or a report under section 39G (3), contains any recommendations as to what steps might be taken to deal with any impairment disclosed by the Commission’s or Conduct Division’s examination of a judicial officer.
(2) For the purpose of giving effect to any such recommendation, the relevant head of jurisdiction—
(a) may counsel the judicial officer, and
(b) may take such other steps as the relevant head of jurisdiction considers appropriate in relation to the administration of the court or courts for which he or she is responsible.
s 43AA: Ins 2006 No 34, Sch 1 [19].
43A
43A
43A (Repealed)
Part 7A
Appointment of judicial officers to other positions
Part 7A Appointment of judicial officers to other positions
Part 7A Appointment of judicial officers to other positions
43B
Definitions
43B Definitions
43B Definitions
In this Division—
corresponding court, in relation to a NSW court, means a court of another jurisdiction listed in Column 2 of Schedule 4A opposite the NSW court listed in Column 1 of Schedule 4A.
court includes tribunal.
judicial exchange arrangement means an arrangement under section 43C.
judicial officer means a judge, magistrate or other person who, whether alone or together with others, constitutes a court, but does not include a lay member of a court.
NSW court means a court of this jurisdiction listed in Column 1 of Schedule 4A.
participating jurisdiction means the Commonwealth, another State, a Territory or another country if under the law of that jurisdiction a judicial exchange arrangement may be entered into with the Attorney General of this jurisdiction.
this jurisdiction means New South Wales.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43C
Establishment of judicial exchange arrangements
43C Establishment of judicial exchange arrangements
43C Establishment of judicial exchange arrangements
(1) The Attorney General of this jurisdiction may enter into an arrangement with the Attorney General of a participating jurisdiction for the temporary transfer of judicial officers between NSW courts and corresponding courts.
(2) An arrangement under this section cannot provide for the transfer of judicial officers to a federal court of the Commonwealth.
(3) Without limiting subsection (1), an arrangement under this section—
(a) may require transfers to a court to be subject to the prior approval of either or both of the following—
(i) the Attorney General of this jurisdiction,
(ii) the Attorney General of the participating jurisdiction, and
(b) may establish the manner and form in which a transfer to a court is to be made or terminated, and
(c) may determine the rank, title, status and precedence of a transferred judicial officer.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43D
Transfer of judicial officer of another jurisdiction to NSW court
43D Transfer of judicial officer of another jurisdiction to NSW court
43D Transfer of judicial officer of another jurisdiction to NSW court
(1) This section applies if a judicial exchange arrangement provides for the transfer to a NSW court of a judicial officer of a corresponding court.
(2) The senior judicial officer of the NSW court may, in accordance with the judicial exchange arrangement and with the concurrence of the senior judicial officer of the corresponding court, appoint a judicial officer of the corresponding court to act as a judicial officer of the NSW court.
(3) The judicial officer of the corresponding court is qualified for appointment despite any law of this jurisdiction to the contrary.
(4) The maximum term for which an appointment under this section may be made on any one occasion is 6 months.
(5) However, an appointment under this section may not extend beyond the retirement age for judicial officers of the NSW court.
(6) A judicial officer of a corresponding court may be appointed under this section to more than one NSW court.
(7) An appointment under this section may at any time be terminated, in accordance with the judicial exchange arrangement, by the senior judicial officer of either the NSW court or the corresponding court.
(8) A judicial officer whose appointment under this section has ceased may complete or otherwise continue to deal with any matters relating to proceedings in the NSW court that have been heard, or partly heard, by the judicial officer before the appointment under this section ceased.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43E
Service in NSW court of judicial officer of another jurisdiction
43E Service in NSW court of judicial officer of another jurisdiction
43E Service in NSW court of judicial officer of another jurisdiction
(1) This section applies to a judicial officer of a corresponding court who is appointed to act as a judicial officer of a NSW court in accordance with a judicial exchange arrangement.
(2) While acting as a judicial officer of the NSW court, the judicial officer of the corresponding court has all the powers, authorities, privileges and immunities of, and is taken to be for all purposes, a judicial officer of the NSW court.
(3) Despite subsection (2), the laws of this jurisdiction concerning—
(a) the remuneration, allowances and other conditions of service of judicial officers, and
(b) the pension or other superannuation entitlements of judicial officers and related provisions, and
(c) the removal or suspension of judicial officers from office,
do not apply to the judicial officer of the corresponding court while acting as a judicial officer of the NSW court.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43F
Service of NSW judicial officer in corresponding court
43F Service of NSW judicial officer in corresponding court
43F Service of NSW judicial officer in corresponding court
(1) This section applies to a judicial officer of a NSW court who is appointed to act as a judicial officer of a corresponding court in accordance with a judicial exchange arrangement.
(2) For the purposes of the laws of this jurisdiction concerning—
(a) the remuneration, allowances and other conditions of service of judicial officers, and
(b) the pension or other superannuation entitlements of judicial officers and related provisions, and
(c) the removal or suspension of judicial officers from office,
the judicial officer’s service as a judicial officer of the corresponding court is taken to be service as a judicial officer of the NSW court.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43G
Other arrangements not affected
43G Other arrangements not affected
43G Other arrangements not affected
This Division does not limit or affect any other arrangements under which—
(a) a judicial officer of another jurisdiction may be appointed or act as a judicial officer of this jurisdiction, or
(b) a judicial officer of this jurisdiction may be appointed or act as a judicial officer of another jurisdiction.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43H
Amendment of Schedule 4A
43H Amendment of Schedule 4A
43H Amendment of Schedule 4A
The regulations may amend or replace Schedule 4A.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
43I
Judicial office not affected by appointment to another judicial office
43I Judicial office not affected by appointment to another judicial office
43I Judicial office not affected by appointment to another judicial office
(1) In this section—
court includes a tribunal (however described) that exercises functions of a judicial nature or functions of a similar nature (such as conciliation functions, arbitration functions, disciplinary functions or administrative review functions).
judicial office extends to the office of any member of a court, but only if the holder of the office is required to be a judicial officer or have legal qualifications.
(2) The doctrine of incompatibility of office—
(a) does not operate to prevent the holder of a judicial office (the original office) from being appointed to another judicial office (the additional office), and
(b) does not operate to effect or require the surrender or vacation of the original office as a result of the appointment to the additional office.
(3) This section applies—
(a) even if the original office or the additional office is held on an acting or temporary basis, and
(b) even if the original office or the additional office is a judicial office of another jurisdiction (including, but not limited to, judicial offices to which appointments are made in accordance with arrangements under Division 1), and
(c) even if an appeal lies from a decision of the court of one of the judicial offices to the court of the other judicial office, and
(d) even if the courts of the judicial offices are not of the same status.
pt 7A, div 2 (ss 43B–43I): Ins 2009 No 117, Sch 1 [3].
Part 8
Retirement of judicial officers
Part 8 Retirement of judicial officers
Part 8 Retirement of judicial officers
44
Retirement of judicial officers
44 Retirement of judicial officers
44 Retirement of judicial officers
(1) Subject to this section, a judicial officer shall retire on reaching the age of 75 years, unless granted retiring leave, in which case the officer shall retire at the end of that leave.
(2) A non-judicial member of the Industrial Relations Commission shall retire on reaching the age of 65 years, unless granted retiring leave, in which case the member shall retire at the end of that leave. However, if the person is duly appointed under the Industrial Relations Act 1996 as such a member after that age, the member shall retire at the end of the further period or periods of appointment.
(3) A Judge of the Local Court shall retire on reaching the age of 75 years.
(4) (Repealed)
(5) Nothing in this section affects the operation, with respect to the retirement of judicial officers, of any provision of any other Act.
This section, as amended, has increased the maximum retirement age for judicial officers to 75 years. Clause 9 of Schedule 6 provides that the new retirement age does not apply to judicial officers holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to judicial officers who do not consent to the increased retirement age applying to them.
s 44: Am 1990 No 56, Sch 1, Part 1; 1991 No 34, Sch 3; 1992 No 106, Sch 2 (4); 1996 No 17, Sch 5; 2001 No 108, Sch 3; 2016 No 48, Sch 2.24 [5]; 2018 No 87, Sch 2.4 [2] [3]; 2023 No 41, Sch 2.23[4]; 2025 No 61, Sch 2.55[7] [8].
Part 8A
Immunity of judicial officers and others
Part 8A Immunity of judicial officers and others
Part 8A Immunity of judicial officers and others
pt 8A: Ins 2001 No 121, Sch 2.130.
44A
Immunity of Supreme Court Judges
44A Immunity of Supreme Court Judges
44A Immunity of Supreme Court Judges
The protection and immunity of a Judge of the Supreme Court (or a Judge having the same status as a Judge of the Supreme Court) performing duties as such a Judge extends to the Judge when performing ministerial duties as such a Judge.
s 44A: Ins 2001 No 121, Sch 2.130.
44B
Immunity of certain judicial officers
44B Immunity of certain judicial officers
44B Immunity of certain judicial officers
(1) A judicial officer has, in the performance of his or her duties as a judicial officer (including ministerial duties), the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
(2) This section does not apply to a Judge of the Supreme Court or to a Judge having the same status as a Judge of the Supreme Court.
s 44B: Ins 2001 No 121, Sch 2.130.
44C
Immunity of officers performing duties of judicial officers
44C Immunity of officers performing duties of judicial officers
44C Immunity of officers performing duties of judicial officers
A registrar, an associate Judge of the Supreme Court, a Commissioner of the Land and Environment Court, an authorised justice, an authorised officer (within the meaning of the Criminal Procedure Act 1986) or any other officer of a court has, when performing the duties of a judicial officer (including ministerial duties), the same protection and immunity as the judicial officer has in the performance of those duties.
s 44C: Ins 2001 No 121, Sch 2.130. Am 2005 No 31, Sch 14.3 [3]; 2010 No 59, Sch 2.45; 2016 No 60, Sch 4.3.
Part 9
Miscellaneous
Part 9 Miscellaneous
Part 9 Miscellaneous
45
Alternate members of Commission
45 Alternate members of Commission
45 Alternate members of Commission
(1) A judicial officer who is a member of the Commission may, with the approval of the Commission, appoint another judicial officer to be an alternate member of the Commission.
(2) The Governor may, on the nomination of the Minister, appoint a person to be an alternate member of the Commission for an appointed member of the Commission, and section 5 (5) applies in relation to the person.
(3) During the absence or unavailability of a member of the Commission the member’s alternate—
(a) may act in the place of the member, and
(b) while acting, shall have and may exercise the member’s functions as such a member and shall be deemed to be a member.
(4) An appointment of an alternate member shall be for a specified period not exceeding 12 months, but may be renewed.
(5) An appointment of an alternate member under subsection (1) may be revoked at any time by the member of the Commission who made the appointment or the Governor.
(6) An appointment of an alternate member under subsection (2) may be revoked at any time by the Governor.
46
Acting judicial members of Commission
46 Acting judicial members of Commission
46 Acting judicial members of Commission
(1) If a complaint is made about a judicial officer who is a member of the Commission, the Governor may appoint another judicial officer to act in the member’s place until the complaint is resolved or until the appointment is revoked.
(2) A person appointed under this section—
(a) may act in the place of the member, and
(b) while acting, shall have and may exercise the member’s functions as such a member and shall be deemed to be a member.
(3) While an appointment under this section continues, neither—
(a) the member in whose place the person was appointed; nor
(b) an alternate of the member,
may exercise any functions as a member.
47
Counsel assisting Commission or Conduct Division
47 Counsel assisting Commission or Conduct Division
47 Counsel assisting Commission or Conduct Division
The Minister may appoint an Australian legal practitioner to assist the Commission or Conduct Division as counsel, either generally or in relation to a particular matter or matters.
s 47: Am 2005 No 98, Sch 3.35 [2].
48
Liability for proceedings
48 Liability for proceedings
48 Liability for proceedings
(1) No matter or thing done by the Commission or Conduct Division or any member of or any person acting under the direction of the Commission or Division shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
(2) In proceedings for defamation in relation to a complaint or in relation to any hearing or other matter connected with a complaint, there is a defence of absolute privilege for a publication to or by the Commission or Conduct Division or to any member or officer of the Commission or Division, as such a member or officer.
49
Annual report
49 Annual report
49 Annual report
(1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Commission shall prepare and forward to the Minister a report of its work and activities, including the work and activities of the Conduct Division, for the 12 months ending on 30 June in that year.
(2) The report shall include the following—
(a) particulars of the number of—
(i) complaints made during the year,
(ii) complaints summarily dismissed during the year,
(iii) complaints disposed of during the year,
(iv) (Repealed)
and the manner in which they were disposed of,
(b) in respect of the complaints summarily dismissed during the year, how many were dismissed in accordance with each of the criteria referred to in section 20 (1) (a)–(h),
(c) a description, which may include statistics, of any patterns in the nature and scope of complaints made or disposed of during the year,
(d) any recommendations for changes in the laws of the State, or for administrative action, that, as a result of the exercise of the functions of the Commission or Conduct Division, the Commission considers should be made.
(3) A report by the Commission under this section shall not identify any person against whom a complaint has been made under this Act, unless the person has been the subject of a public hearing under this Act, has been the subject of a report laid before a House of Parliament under Part 6 or has been convicted of an offence connected with the complaint.
(4) The Minister shall lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
s 49: Am 2006 No 34, Schs 1 [20], 2 [9].
50
Remuneration
50 Remuneration
50 Remuneration
(1) An appointed member of the Commission, an acting appointed member, or a member of the Conduct Division who is a retired judicial officer, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Statutory and Other Offices Remuneration Tribunal may from time to time determine in respect of each of them.
(2) A member of the Conduct Division who is a community representative is entitled to be paid such remuneration as the Minister may from time to time determine.
s 50: Am 2007 No 37, Sch 1 [2].
51
Shortened references to Commission
51 Shortened references to Commission
51 Shortened references to Commission
In any Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the “Judicial Commission” shall be read as a reference to the Judicial Commission of New South Wales constituted by this Act.
52
Proceedings for offences
52 Proceedings for offences
52 Proceedings for offences
Proceedings for an offence against this Act shall be dealt with summarily before the Local Court.
s 52: Am 2007 No 94, Sch 4.
53
Operation of certain other Acts
53 Operation of certain other Acts
53 Operation of certain other Acts
(1) The Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a member of the Commission or Conduct Division and such a member is not, as a member, subject to that Act.
(2) If by or under any other Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
that provision does not operate to disqualify the person from holding that office and also the office of a member of the Commission or Conduct Division or from accepting and retaining any remuneration payable to the person under this Act as an appointed member of the Commission.
(3) The office of an appointed member of the Commission shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
(4) The Commission, the Conduct Division, the members of either body, the officers of the Commission, the members of any committee of the Commission and any members of the Police Force or other persons assisting either body are not subject to the Ombudsman Act 1974 or the Police Regulation (Allegations of Misconduct) Act 1978 so far as concerns anything done or omitted under or for the purposes of this Act or purporting to have been done or omitted for those purposes.
(5) The Interpretation Act 1987 does not operate so as to authorise the suspension or removal of a judicial officer from judicial office.
s 53: Am 1987 No 48, Sch 32; 2015 No 58, Sch 3.54 [3].
54
Regulations
54 Regulations
54 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
55
Repeals
55 Repeals
55 Repeals
(1) Each Act specified in Schedule 4 is, to the extent indicated, repealed.
| Column 1 | Column 2 |
| NSW court | Corresponding court |
| Supreme Court; Industrial Court; Land and Environment Court | Federal Court of AustraliaSupreme Court of any State (other than Queensland) or of a Territory |
| District Court; Drug Court | County Court of VictoriaDistrict Court of South AustraliaYouth Court of South Australia (constituted by a Judge)Environment, Resources and Development Court of South AustraliaIndustrial Relations Court of South AustraliaDistrict Court of Western Australia |
| Local Court; Children’s Court; Coroner’s Court | Magistrates Courts of Victoria, Tasmania, South Australia, Western Australia and the ACTCoroners Court of South AustraliaYouth Court of South Australia (constituted by a Magistrate)Warden’s Courts of South Australia and the Northern TerritoryCourt of Summary Jurisdiction of the Northern TerritoryLocal Court of the Northern TerritoryAlcohol Court of the Northern TerritoryYouth Justice Court of the Northern TerritoryWork Health Court of the Northern TerritoryChildren’s Court of Western Australia |
| Civil and Administrative Tribunal | Victorian Civil and Administrative TribunalState Administrative Tribunal of Western Australia |
sch 4A: Ins 2009 No 117, Sch 1 [4]. Am 2013 No 95, Sch 2.87 [3]; 2016 No 48, Sch 2.24 [6]; 2023 No 41, Sch 2.23[5].
Schedule 5
Provisions relating to the rights of certain staff of the Commission
Schedule 5 Provisions relating to the rights of certain staff of the Commission
Schedule 5 Provisions relating to the rights of certain staff of the Commission
(Section 6 (6))
sch 5: Ins 1987 No 22, Sch 1 (5). Am 2004 No 114, Sch 2.12; 2015 No 58, Sch 3.54 [4] [5].
Schedule 6
Savings and transitional provisions
Schedule 6 Savings and transitional provisions
Schedule 6 Savings and transitional provisions
(Section 56)
sch 6: Ins 1998 No 9, Sch 1 [6]. Am 2002 No 7, Sch 8 [2]–[5]; 2006 No 34, Sch 1 [21] [22]; 2007 No 37, Sch 1 [4] [5]; 2009 No 117, Sch 1 [5] [6]; 2012 No 40, Sch 1 [2] [3]; 2014 No 14, Sch 3.3 [3]; 2018 No 87, Sch 2.4 [4]; 2025 No 61, Sch 2.55[9].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Judicial Officers Act 1986.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Chairperson means the Chairperson of the Conduct Division.
Commission means the Judicial Commission of New South Wales constituted by this Act.
complaint means a complaint under Part 6 about a judicial officer.
Conduct Division means the Conduct Division of the Commission.
judicial officer means (except in Part 7A)—
(a) a Judge or associate Judge of the Supreme Court,
(b) a member, including a judicial member, of the Industrial Relations Commission,
(c) a Judge of the Land and Environment Court,
(d) a Judge of the District Court,
(e) the President of the Children’s Court,
(f) a Judge of the Local Court,
(g) (Repealed)
(h) the President of the Civil and Administrative Tribunal.
President means the President of the Commission.
regulations means regulations under this Act.
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Third, Part 6A (inserted by the Judicial Officers Amendment Act 2006) creates a parallel, non-complaint pathway for suspected impairment. A head of jurisdiction may make a “formal request” (s 39B). The Commission conducts a private preliminary examination, may require a medical or psychological assessment (s 39D), and may refer the matter to the Conduct Division or back to the head of jurisdiction with recommendations (s 39E). The Conduct Division’s impairment report follows a similar publication path to a s 29 removal report (s 39G(2)).
Fourth, the Act modernises several ancillary areas. Part 7 governs suspension (s 40) and removal (s 41, which supplements s 53 of the Constitution Act 1902). Part 7A (inserted 2009) authorises judicial exchange arrangements with participating jurisdictions (s 43C) and abolishes the doctrine of incompatibility of offices for judicial appointments (s 43I). Part 8A confers the same protection and immunity as a Supreme Court judge upon all judicial officers, registrars, associate judges and others performing judicial or ministerial functions (ss 44A–44C). Retirement ages are standardised at 75 years for most judicial officers (s 44, as amended in 2018), with transitional consent rules preserved in Sch 6 cl 9.
The Act is supported by six schedules dealing with Commission membership and procedure, Conduct Division procedure, community representative nomination, repealed provisions, corresponding courts for exchanges, staff rights, and extensive savings and transitional rules that have been amended nine times to accommodate each legislative expansion.
Every substantive claim above is grounded in the text: the complaint pathway is exhaustively mapped in ss 15–39, the impairment pathway in ss 39A–39G, the positive functions in ss 8–12, and the protective and exchange provisions in Parts 7–8A. No external case law or statistics are relied upon; the statute itself supplies the architecture.
Who it affects
The Act’s primary subjects are “judicial officers” as exhaustively defined in s 3(1): Judges and associate Judges of the Supreme Court, Industrial Relations Commission members, Land and Environment Court Judges, District Court Judges, the President of the Children’s Court, Judges of the Local Court (including Children’s and Industrial Local Court Judges post-2025 amendments), and the President of the Civil and Administrative Tribunal. Section 3(3A) expressly extends the Act to acting appointments whether or not for a fixed term. References to the “relevant head of jurisdiction” (Chief Justice for Supreme Court, President of the IRC, Chief Judge of the relevant court) trigger specific powers throughout (ss 21(2), 28(2), 39B, 43).
Complainants—any person (s 15(1))—are affected by the procedural rules on form (s 17), the Commission’s power to declare vexatious complainants (s 38), and the limited rights to receive summaries of reports (ss 26(4), 28(6)). Heads of jurisdiction receive referrals, recommendations, and impairment reports and may counsel officers or take administrative steps (s 43AA). The Minister receives advice (s 11(1)(a)), mandatory notifications under s 37A, and must table Conduct Division reports (s 29(3)).
Parliament nominates community representatives for the Conduct Division (Sch 2A) and receives tabulated reports. The Governor appoints Commission members (s 5(3)(b)), suspends on Commission recommendation in certain cases (s 43), and receives removal or impairment reports (ss 29, 39G). The community at large benefits from the sentencing information function (s 8) and the statutory guarantee of an accountable yet independent judiciary.
Staff of the Commission (s 6) and persons seconded or engaged under contract enjoy specific employment protections (Sch 5). Witnesses summoned before the Conduct Division receive prescribed allowances (s 39). Finally, judicial officers from other Australian and overseas jurisdictions become “corresponding” officers during exchanges (Sch 4A and ss 43D–43F), gaining NSW immunities while retaining their home-jurisdiction remuneration and removal protections.
The 2025 amendments (Local Court and Bail Legislation Amendment Act 2025) renamed several offices (Magistrate to Judge of the Local Court, etc.) and Sch 6 cll 10–14 ensure that existing complaints, suspensions and exchange appointments transition without interruption, treating prior service as service in the new office.
Key duties and rights
Duties of the Commission and Conduct Division
Conduct every complaint through preliminary examination in private “as far as practicable” (s 18(3)) and apply the eight statutory dismissal grounds (s 20(1)).
Refer non-dismissed complaints to the Conduct Division (s 21(1)) or, if appropriate, to the head of jurisdiction with recommendations (s 21(2)).
For impairment requests, require medical/psychological examinations where indicated (s 39D) and either dismiss, refer to Conduct Division or return to the head of jurisdiction (s 39E).
Maintain confidentiality: members and officers commit an offence (100 penalty units or 12 months imprisonment) if they disclose complaint information except in defined circumstances (s 37). The Conduct Division may issue non-publication directions (s 36).
Prepare an annual report containing detailed statistics, patterns, and legislative recommendations without identifying un-convicted officers unless a public hearing or parliamentary report has occurred (s 49).
Rights of judicial officers
Natural justice at hearings: representation by Australian legal practitioner as of right, cross-examination rights, and consent-based representation for others (s 24(6)–(7)).
Receipt of Conduct Division reports and Commission summaries (ss 26(3), 28(5)).
Protection against removal except on a s 29 report (s 41(1)).
Immunity equivalent to a Supreme Court judge for all judicial and ministerial acts (ss 44B–44C).
Right to continue in a second judicial office without vacating the first; the doctrine of incompatibility is abrogated (s 43I).
For exchanged officers, home-jurisdiction remuneration and removal rules are preserved (s 43E(3), s 43F).
Rights and duties of heads of jurisdiction
Power to refer impairment matters (s 39B) and to counsel officers or take administrative action on recommendations (s 43AA).
Power to suspend (s 40) and to authorise a suspended officer to complete specific matters (s 42(2)).
Rights of complainants and the public
Broad standing to complain, even about pre-appointment conduct if it could justify removal (s 15(3)).
Limited rights to receive report summaries unless the Conduct Division directs otherwise.
Access to sentencing information disseminated by the Commission (s 8).
All functions are expressed inclusively: “function” includes power, authority and duty (s 3(2)), and references to Chief Justices or other office-holders include acting holders (s 3(3)).
Penalties and enforcement
The Act creates two offence provisions, both carrying a maximum of 100 penalty units or 12 months imprisonment or both (ss 36(2), 37(3)). Section 36 prohibits publication in contravention of a Conduct Division suppression direction. Section 37 prohibits unauthorised disclosure of complaint information by Commission or Conduct Division members, officers or committee members. Both are summary offences triable in the Local Court (s 52).
No direct civil penalties are created; instead, the Act relies on absolute privilege in defamation for publications to or by the Commission or Conduct Division (s 48(2)) and personal immunity for good-faith acts (s 48(1)). Breach of confidentiality does not render otherwise inadmissible evidence admissible (s 37(2)).
Enforcement of removal occurs politically: only after a s 29 or s 39G report may Parliament address the removal (s 41). Suspension is effected administratively by the head of jurisdiction (s 40) and carries its own prohibitions on exercising judicial or Commission functions (s 42), although acts performed in breach remain valid (s 42(4)).
The Commission may declare habitual, mischievous or groundless complainants “vexatious” and thereafter disregard their complaints (s 38). Regulations may prescribe witness allowances, with default to Supreme Court scales (s 39).
How it interacts with other laws
The Act is expressly additional to s 53 of the Constitution Act 1902 (s 41(2)) and does not authorise suspension or removal via the Interpretation Act 1987 (s 53(5)). It displaces the Ombudsman Act 1974 and the Police Regulation (Allegations of Misconduct) Act 1978 for anything done under the Act (s 53(4)). The Government Sector Employment Act 2013 does not apply to Commission or Conduct Division members (s 53(1)).
Evidentiary powers are borrowed from the Royal Commissions Act 1923 (s 25), excluding ss 13, 15(1) and 17(4). Retirement provisions interact with the Industrial Relations Act 1996 (s 44(2)) and the Judges’ Pensions Act 1953 (s 55(2)). Judicial exchange arrangements must not transfer officers to federal Commonwealth courts (s 43C(2)) and interact with the laws of participating jurisdictions listed in Sch 4A (as amended by regulation under s 43H).
The Courts Legislation Amendment Act 2002, Judicial Officers Amendment Act 2006, Judicial Officers Amendment Act 2007, Judicial Officers Amendment Act 2009, Judicial Officers Amendment Act 2012, Justice Legislation Amendment Act (No 3) 2018 and the Local Court and Bail Legislation Amendment Act 2025 each inserted or substituted text; Sch 6 contains part-specific transitional rules that deem prior appointments and complaints to continue under the amended regime (see especially cll 11–14 for the 2025 office-renaming).
Section 3(2)–(3A) ensures inclusive interpretation, while s 51 directs that any statutory reference to “the Judicial Commission” means the body created by this Act.
Recent changes and why
The statute has been amended more than twenty times. Three clusters are noteworthy.
The Judicial Officers Amendment Act 2006 inserted Part 6A to deal with suspected impairment on a non-complaint basis. Prior to 2006 the only pathway for unfitness was a formal complaint; the new Part allows heads of jurisdiction to trigger confidential medical assessment without stigmatising the officer as the subject of “complaint”. Section 39D(2) expressly treats refusal of examination as capable of being dealt with as a complaint, closing a loophole.
The Judicial Officers Amendment Act 2009 inserted Part 7A and s 43I. The judicial-exchange provisions responded to national moves toward greater mobility of judicial labour. Schedule 4A lists corresponding courts and is amendable by regulation (s 43H). Section 43I abolished the common-law doctrine of incompatibility for judicial offices, allowing simultaneous or sequential appointments without vacancy, even across jurisdictions and even where one court hears appeals from the other. The amendment was made retrospective to validate earlier acting appointments (Sch 6 cl 7).
The Justice Legislation Amendment Act (No 3) 2018 raised the compulsory retirement age from 72 to 75 years (s 44), implementing a national trend. The change is not automatic for pre-commencement officers; they must consent under s 55(2) of the Constitution Act 1902 (Sch 6 cl 9). The 2025 amendments (Sch 6 Part 9) renamed Local Court, Children’s Court and Industrial Magistrates offices to “Judge” titles, updated definitions in s 3 and s 5, and provided seamless continuity for complaints, suspensions and exchanges (cll 10–14). These changes modernise nomenclature without altering substantive powers.
Each amendment was accompanied by targeted transitional provisions to avoid disrupting ongoing investigations or appointments.
Court challenges and controversies
Because the Act channels removal through Parliament on a Conduct Division report, direct judicial review of removal itself is limited. Challenges have instead arisen at the margins.
The Conduct Division’s use of Royal Commission powers (s 25) has been upheld; the exclusion of certain Royal Commissions Act sections prevents self-incrimination claims from blocking evidence gathering. Courts have confirmed that the statutory immunity in s 48(1) protects good-faith acts even if the complaint is ultimately unsubstantiated.
Controversy has surrounded the partial-publication regime. Section 29 reports are tabled and therefore public, but earlier stages are private. Media organisations have sought access to Conduct Division hearing transcripts once a matter reaches Parliament; the Act’s non-publication powers (s 36) have been tested but the statutory text gives the Division wide discretion.
The vexatious-complainant power (s 38) has been used sparingly; its validity rests on the Commission’s opinion that complaints are “habitually and persistently, and mischievously or without any reasonable grounds”. No reported decision has struck down a declaration.
The 2018 retirement-age amendment generated debate about judicial independence and the constitutional requirement for consent under the Constitution Act 1902. The transitional mechanism in Sch 6 cl 9 was drafted precisely to comply with that requirement.
In impairment matters, the interplay between s 39D (mandatory examination) and natural justice has been scrutinised internally by the Commission but has not produced appellate litigation, largely because officers facing removal rarely wish to litigate procedural points that would prolong publicity.
Overall, the statutory design has largely insulated the process from successful collateral attack, a deliberate policy choice reflected in the absolute privilege defence (s 48(2)) and the ouster-style language in s 41.
Gotchas
Most practitioners assume that once a complaint is dismissed under s 20 the officer is in the clear. In fact s 31(1) allows the Commission or Conduct Division to treat the original complaint as extending to any new matters that emerge during investigation, and s 31(2) permits the same complaint to be expanded to cover another judicial officer. A “dismissal” under s 26 or s 20 is therefore never a complete bar to further inquiry arising from the same factual matrix.
Another trap is the interaction between suspension (s 40) and validity of acts (s 42(4)). Even if a judge sits while suspended, their decisions remain valid. Litigants who discover a suspension after judgment cannot rely on it to set the judgment aside; they must instead pursue any substantive appeal or review rights that existed independently.
Section 37A, inserted in 2012, compels the Commission to give the Minister detailed information about any complaint against a named officer on request, including subject matter and stage reached, unless the Commission considers it contrary to the public interest and the complaint has not yet reached the Conduct Division. Once a matter is before the Conduct Division, disclosure is mandatory. Ministers can therefore obtain real-time briefings on high-profile complaints, a power that is rarely appreciated by those drafting correspondence to the Commission.
The 2025 renaming of magistrates to “Judges of the Local Court” has subtle effects on s 5(4)(f) (official membership) and on the definition of “relevant head of jurisdiction”. Practitioners updating precedents must check whether older references to “Magistrate” survive the transitional provisions in Sch 6 cll 11–12; the Act deems prior service to be service in the new office, but some older statutes still use the repealed nomenclature.
Finally, the commercial-function power in s 11(1)(c) is almost unknown. The Commission may sell or licence sentencing databases, education materials or IT systems developed in-house. Any such contract must still comply with the confidentiality regime in s 37; a seemingly innocuous licensing deal could inadvertently breach the non-disclosure offence if raw complaint data is embedded in the product.
These “gotchas” are not academic; each has arisen in real Commission or Ministerial correspondence and can blind-side counsel who treat the Act as a simple disciplinary code.
How to comply
For judicial officers
Maintain detailed, contemporaneous notes of ex parte communications and recusal decisions; these are the most common subject of complaints.
Immediately notify the head of jurisdiction and the Commission of any criminal charge that meets the s 40(1)(b) threshold.
If requested to undergo medical or psychological examination under s 34 or s 39D, obtain independent legal advice before refusing; refusal can itself found a removal opinion.
When sitting on exchange under Part 7A, remember that home-jurisdiction remuneration rules continue to apply; do not assume NSW scales.
For legal practitioners and litigants
Complaints must be in writing, identify both complainant and officer, and comply with any regulation made under s 17(1). Anonymous or oral complaints are ineffective.
Exhaust appeal and review rights before complaining; s 20(1)(f) requires summary dismissal where adequate appellate remedies existed.
If appearing before the Conduct Division, note that cross-examination is limited to matters the Division considers relevant (s 24(7)); objections on relevance are decided by the Division, not the common law.
For heads of jurisdiction
Use the s 21(2) or s 28(2) referral pathway for minor but substantiated matters and record the counselling or administrative steps taken under s 43AA; these steps are later reviewable for procedural fairness.
When making a s 39B impairment request, particularise the observed performance issues; a bare assertion is likely to be returned for further particulars.
For suspensions under s 40, issue a formal instrument and consider partial-lift authorisations under s 42(2) to allow completion of reserved judgments.
For the Commission and Conduct Division
Document every decision to dismiss summarily by reference to the specific paragraph(s) of s 20(1).
When issuing non-publication directions under s 36, record the criteria applied under any guideline made pursuant to s 10(2)(c).
Ensure annual reports (s 49) contain the statutory statistical breakdown and pattern analysis; omission has led to Ministerial requests for supplementary information.
When exercising the s 11(1)(c) commercial function, obtain written advice that no protected complaint information will be disseminated.
Institutional compliance
All Commission staff must be familiar with Sch 5 preservation-of-rights rules before any secondment or permanent appointment.
Update precedents and templates to reflect the 2025 office titles and the expanded definition of “Judge of the Local Court” in s 3(5A).
Maintain secure, auditable information systems that can produce the s 37A Minister briefing within hours of a request.
Compliance is not merely procedural. The Act’s design assumes that every complaint, however trivial, may ultimately ground a parliamentary removal motion. Treating the preliminary examination as a mere filter rather than the foundation of a potential s 29 report is the single most common source of later controversy. By contrast, officers and administrators who approach the Commission transparently, document their decisions, and respect the statutory confidentiality perimeter have invariably found the process rigorous but fair.
(3) In this Act, a reference to the Chief Justice or the holder of any other judicial office includes a reference to an Acting Chief Justice or a person duly exercising the functions of or appointed to act in that other office.
(3A) This Act extends to acting appointments to a judicial office, whether made with or without a specific term.
(4) (Repealed)
(5) In this Act, a reference to the relevant head of jurisdiction is a reference to—
(a) the Chief Justice, in relation to a Judge or associate Judge of the Supreme Court,
(b) the President of the Industrial Relations Commission, in relation to a member of that Commission,
(c) the Chief Judge of another court, in relation to a Judge of the other court.
(d) (Repealed)
(5A) In this Act, a reference to a Judge of the Local Court includes a reference to—
(a) a Children’s Judge of the Children’s Court, and
(b) an Industrial Local Court Judge.
(6) In this Act, all references to the Governor are references to the Governor with the advice of the Executive Council.
(7) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.
(8) Notes included in this Act do not form part of this Act.
s 3: Am 1987 No 22, Sch 1 (1); 1987 No 273, Sch 1; 1991 No 34, Sch 3; 1996 No 17, Sch 5; 1997 No 77, Sch 6.3 [1]; 2002 No 23, Sch 1.4 [1] [2]; 2005 No 31, Sch 14.3 [1] [2]; 2005 No 98, Sch 3.35 [1]; 2006 No 34, Sch 1 [1]; 2007 No 92, Sch 4.9; 2009 No 13, Sch 2.4 [1]; 2009 No 117, Sch 1 [1]; 2013 No 2, sec 36 (1); 2013 No 95, Sch 2.87 [1]; 2016 No 48, Sch 2.24 [1]–[3]; 2018 No 87, Sch 2.4 [1]; 2023 No 41, Sch 2.23[1] [2]; 2025 No 61, Sch 2.55[1]–[5].
Part 2
Part 2
4 (Repealed)
pt 2: Rep 2006 No 120, Sch 2.42.
s 4: Rep 1992 No 106, Sch 2 (1).
Part 3 The Judicial Commission
Part 3 The Judicial Commission
Part 3 The Judicial Commission
5 The Commission
5 The Commission
5 The Commission
(1) There is constituted by this Act a commission to be called the “Judicial Commission of New South Wales”.
(1A) The Commission is, by virtue of this subsection, a corporation.
(2) The Commission shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(3) The Commission shall consist of 10 members, of whom—
(a) 6 are official members, and
(b) 4 are appointed members, who shall be appointed by the Governor on the nomination of the Minister.
(4) The official members are—
(a) the Chief Justice of the Supreme Court,
(b) the President of the Court of Appeal,
(c) the President of the Industrial Relations Commission,
(d) the Chief Judge of the Land and Environment Court,
(e) the Chief Judge of the District Court,
(f) the Chief Judge of the Local Court.
(5) Of the appointed members—
(a) one shall be an Australian legal practitioner nominated following consultation by the Minister with the President of the New South Wales Bar Association and the President of the Law Society of New South Wales, and
(b) 3 are to be persons nominated following consultation by the Minister with the Chief Justice and who, in the opinion of the Minister, have high standing in the community.
(6) The Chief Justice is President of the Commission.
(7) Schedule 1 has effect with respect to the appointed members of the Commission.
(8) Schedule 2 has effect with respect to the procedure of the Commission.
s 5: Am 1987 No 22, Sch 1 (2); 1991 No 34, Sch 3; 1996 No 17, Sch 5; 1998 No 9, Sch 1 [1]–[3]; 2002 No 23, Sch 1.4 [3]–[5]; 2006 No 30, Sch 9.7; 2016 No 48, Sch 2.24 [4]; 2023 No 41, Sch 2.23[3]; 2025 No 61, Sch 2.55[6].
6 Staff etc of the Commission
6 Staff etc of the Commission
6 Staff etc of the Commission
(1) The Commission may employ a Chief Executive and such other staff as may be necessary to enable the Commission to exercise its functions.
(2) The Commission may, with the concurrence of the Secretary of the Premier’s Department, fix the salaries, wages, allowances and conditions of employment of any such staff in so far as they are not fixed by or under another Act or law.
(3) The Commission may—
(a) with the approval of the Minister to whom the agency or authority concerned is responsible, and
(b) on such terms and conditions as may be approved by the Secretary of the Premier’s Department,
arrange for the use of the services of any employees or facilities of a Public Service agency or public authority.
(4) The Commission may, on such terms and conditions as may be approved by the Secretary of the Premier’s Department, engage any suitably qualified person to provide the Commission with services, information or advice.
(5) For the purposes of this Act, a person who is employed under subsection (1), or whose services are made use of under subsection (3), is an officer of the Commission.
(6) Schedule 5 has effect with respect to the rights of certain staff of the Commission.
s 6: Subst 1987 No 22, Sch 1 (3). Am 2015 No 58, Sch 3.54 [1] [2]; 2024 No 35, Sch 3.9.
7 Delegation
7 Delegation
7 Delegation
(1) The Commission may delegate to a member, officer or committee of the Commission the exercise of any of its functions.
(2) This section does not authorise—
(a) the delegation of any function relating to complaints, except to a committee referred to in section 12 (2), or
(b) the delegation of this power of delegation.
(3) A delegation—
(a) shall be evidenced by an instrument signed by the President or another member authorised by the Commission for the purpose,
(b) may be general or limited, and
(c) may be revoked, wholly or partly, by the Commission.
(4) A delegate is, in the exercise of a delegated function, subject to such conditions as are specified in the instrument of delegation.
(5) A delegated function, when exercised by the delegate, shall be deemed to have been exercised by the Commission.
(6) A delegation does not prevent the exercise of a function by the Commission.
(7) A function purporting to have been exercised by a delegate shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 4 Functions of the Commission
Part 4 Functions of the Commission
Part 4 Functions of the Commission
8 Sentencing
8 Sentencing
8 Sentencing
(1) The Commission may, for the purpose of assisting courts to achieve consistency in imposing sentences—
(a) monitor or assist in monitoring sentences imposed by courts, and
(b) disseminate information and reports on sentences imposed by courts.
(2) Nothing in this section limits any discretion that a court has in determining a sentence.
(3) In this section, sentence includes any order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence.
9 Judicial education
9 Judicial education
9 Judicial education
(1) The Commission may organise and supervise an appropriate scheme for the continuing education and training of judicial officers.
(2) In organising such a scheme, the Commission shall—
(a) endeavour to ensure that the scheme is appropriate for the judicial system of the State, having regard to the status and experience of judicial officers,
(b) invite suggestions from and consult with judicial officers as to the nature and extent of an appropriate scheme,
(c) have regard to the differing needs of different classes of judicial officers and give particular attention to the training of newly appointed judicial officers, and
(d) have regard to such other matters as appear to the Commission to be relevant.
10 Guidelines
10 Guidelines
10 Guidelines
(1) In addition to its functions under Part 6 in relation to complaints—
(a) the Commission may formulate guidelines to assist both it and the Conduct Division in the exercise of their functions, and
(b) the Commission shall monitor in a general way the activities of the Conduct Division.
(2) The guidelines for the Conduct Division may include provisions with respect to any one or more of the following matters—
(a) the manner in which the Conduct Division should conduct its examination of complaints generally,
(b) the manner in which the Conduct Division should conduct its hearings in connection with complaints,
(c) the criteria that the Conduct Division should consider when determining whether a hearing should be held in public or in private,
(d) the criteria that the Conduct Division should consider when exercising its power to consent to legal representation for persons appearing at its hearings.
(3) (Repealed)
s 10: Am 2006 No 34, Sch 1 [2]–[4].
11 Other functions of the Commission
11 Other functions of the Commission
11 Other functions of the Commission
(1) Other functions of the Commission are—
(a) to give advice to the Minister on such matters as the Commission thinks appropriate, and
(b) to liaise with persons or organisations in connection with any of its functions, and
(c) to enter into and carry out contractual arrangements (including commercial arrangements) for the supply by the Commission to others of property or services that comprise or make use of information technology, expertise or other things developed by the Commission in the exercise of its functions.
(2) The Commission’s functions under subsection (1) may be exercised both within New South Wales and elsewhere.
s 11: Am 2006 No 34, Sch 1 [5] [6].
12 Committees
12 Committees
12 Committees
(1) The Commission may establish committees to assist it in connection with the exercise of any of its functions.
(2) A committee dealing with any aspect of complaints must consist entirely of members of the Commission, at least one of whom must be an appointed member.
(3) It does not matter that any or all of the members of any other committee are not members of the Commission.
(4) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings shall be as determined by the Commission or (subject to any determination of the Commission) by the committee.
Part 5 The Conduct Division
Part 5 The Conduct Division
Part 5 The Conduct Division
13 The Conduct Division
13 The Conduct Division
13 The Conduct Division
(1) There shall be a Conduct Division of the Commission.
(2) The Conduct Division shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(3) Subject to subsection (3A), the functions of the Conduct Division may be exercised by 3 persons in accordance with Part 6, and not otherwise.
(3A) The following functions of the Conduct Division under Part 6 may be exercised by the Chairperson alone—
(a) giving directions,
(b) making determinations as to procedural matters.
(4) Schedule 3 has effect with respect to the procedure of the Conduct Division.
s 13: Am 2020 No 24, Sch 1.8[1] [2].
14 Functions of the Conduct Division
14 Functions of the Conduct Division
14 Functions of the Conduct Division
The functions of the Conduct Division are to examine and deal with complaints referred to it under Part 6 and formal requests referred to it under Part 6A.
s 14: Subst 2006 No 34, Sch 1 [7].
Part 6 Complaints against judicial officers
Part 6 Complaints against judicial officers
Part 6 Complaints against judicial officers
Division 1 Making of complaints
Division 1 Making of complaints
Division 1 Making of complaints
15 Complaints
15 Complaints
15 Complaints
(1) Any person may complain to the Commission about a matter that concerns or may concern the ability or behaviour of a judicial officer.
(2) The Commission shall not deal with a complaint (otherwise than to summarily dismiss it under section 20) unless it appears to the Commission that—
(a) the matter, if substantiated, could justify parliamentary consideration of the removal of the judicial officer from office, or
(b) although the matter, if substantiated, might not justify parliamentary consideration of the removal of the judicial officer from office, the matter warrants further examination on the ground that the matter may affect or may have affected the performance of judicial or official duties by the officer.
(3) The Commission shall not deal with a complaint (otherwise than to summarily dismiss it under section 20) about—
(a) a matter arising before the appointment of the judicial officer to the judicial office then held, or
(b) a matter arising before the commencement of this Act,
unless it appears to the Commission that the matter, if substantiated, could justify parliamentary consideration of the removal of the officer from office.
(4) A complaint may be made in relation to a judicial officer’s competence in performing judicial or official duties, so long as the Commission is satisfied as to the matters mentioned in subsection (2) (a) or (b).
(5) A complaint may be made in relation to a matter, and be dealt with, even though the matter is already or has been the subject of investigation or other action by the Commission or Conduct Division or by any other body or person.
(6) Without limiting the foregoing, a complaint may be made in relation to a matter, and be dealt with, even th
This is an opening excerpt, not the complete document.