The Judicial Commission of Victoria (‘JCV’) investigates complaints about the behaviour and performance of judges, magistrates, coroners, and members of the Victorian Civil and Administrative Tribunal (VCAT). The JCV also sets standards for proper conduct and provides a clear process for handling complaints.
What types of complaints can you make?
You can complain about the conduct or capacity of Victorian judicial officers and VCAT members. This includes:
- Judicial bullying: Unreasonable, belittling, or intimidating behaviour in court.
- Sexual harassment: Unwelcome sexual comments, advances, or conduct.
- Inappropriate conduct: Rude, dismissive, or disrespectful comments or behaviour.
- Discrimination or bias: Unfair treatment based on race, disability, gender, religion, or personal circumstances.
- Failure to remain impartial: Appearing to favour one side of a case.
- Misuse of power: Using judicial status to intimidate or unfairly influence others.
- Health issues affecting performance: Physical or mental health conditions that prevent a judicial officer from doing their job properly.
- Substance abuse: Appearing drunk or drug-affected while on duty.
- Excessive delays in judgments: Taking unreasonably long to deliver a decision.
- Other professional misconduct: Breach of judicial standards, conflict of interest, inappropriate public comments, or breaches of confidentiality.
Jurisdiction:
The JCV can investigate the conduct and capacity of Victorian judicial officers and VCAT members under Victorian law.
Time Limits:
There is no strict time limit, but complaints may be dismissed if too much time has passed or evidence is no longer available.
The JCV will not deal with complaints about:
- Correctness of a court or tribunal decision (appeals must go through the courts).
- Judicial officers who have retired or resigned.
- Federal judges or officers in other states/territories.
- Court staff, lawyers, police, or government departments.
- Private life matters unrelated to judicial duties.
- Listing or scheduling of hearings.
- Removing an officer from a case or from their role.
- Frivolous, vexatious, or bad-faith complaints.
Who can you make a complaint against?
You can make a complaint against:
- Judges and magistrates in the Supreme Court, County Court, Magistrates’ Court, Children’s Court, and Coroners Court.
- Associate and reserve judges/magistrates.
- Judicial and non-judicial VCAT members.
Are you eligible to make a complaint?
Who can make a complaint?
- Individuals directly affected.
- Third parties (e.g. witnesses, colleagues).
- Organisations such as the Law Institute of Victoria or Victorian Bar on behalf of members.
- Anonymous enquiries are allowed, but anonymous complaints are not accepted.
Before you lodge a complaint:
- Gather details: name of the officer, dates, case number, and examples of the conduct.
- Be aware that the JCV cannot review decisions or provide compensation.
- If you are involved in ongoing legal proceedings, seek legal advice before complaining.
Can you complain on behalf of someone?
Yes, complaints can be made by individuals, organisations, or professional bodies on behalf of others, without disclosing the identity of the affected person.
Additional Information:
- Judicial officers are told about the complaint and your identity, but your name will not be made public.
- Complaints may be dismissed if not substantiated or if investigation is not in the public interest.
- Very serious matters can be referred to an investigating panel, which may recommend removal from office (requires Parliament approval).
What can this body do to help?
This body may:
- Refer matters to the head of jurisdiction with recommendations (e.g. counselling, guidance).
- For serious allegations, appoint an independent investigating panel, which may recommend removal from office.
How to prepare your complaint
Personal Details:
Provide your full name and contact details. This is required and will not be made public.
Respondent’s Details:
- Name of the judicial officer or VCAT member.
- Court or tribunal where the issue occurred.
Relevant Facts:
- Case number.
- Date(s) of events.
- What happened, with specific examples of words or actions.
Lodging your complaint and next steps
Where to Lodge a Complaint:
- Online: Judicial Commission complaint portal
- Email: enquiries@judicial.vic.gov.au
- Phone: (03) 9084 9600 (Mon–Fri, 9:00–4:30)
- Post: GPO Box 4305, Melbourne VIC 3001
Receipt and Acknowledgement:
You will receive written notice confirming your complaint has been received.
Assessment & Investigation:
- Jurisdictional review to check if the matter falls under JCV.
- Preliminary investigation (review transcripts, request officer’s response).
- Outcomes are provided in writing.
More information:
Refer to the factsheet provided below for more information.
