Judicial officers and VCAT members as leaders

The Commission received a complaint alleging, among other things, that an Officer was a bystander and allowed the complainant to be subjected to inappropriate and abusive behaviour during the proceeding by the other party.

The Commission considered that officers are expected to maintain control over the courtroom. To uphold public confidence in the judicial system, it is expected that officers intervene to stop abusive behaviour by lawyers or other court users. Not doing so may suggest that unprofessional behaviour is acceptable in the courtroom.

However, on reviewing the proceeding’s audio, the Commission did not find any evidence to suggest that the Officer was a bystander or tolerated inappropriate in-court behaviour. On several occasions when the other party might be interpreted as having criticised the complainant personally, the Officer intervened to redirect them to focus on their submissions.

The Commission was satisfied that the Officer had not been a bystander, nor did they allow the complainant to be exposed to abusive or insulting behaviour. The Officer’s conduct did not infringe on the standards of conduct generally expected of judicial officers.

The complaint was dismissed on the basis that it had not been substantiated.