We received a complaint alleging that the Officer refused the Complainant’s application for an interim intervention order. In the complainant’s view, the Officer’s decision raised issues of capacity, and the complainant perceived the refusal as conduct akin to their ‘attempted murder’.

Although the complaint:

was framed as raising issues of judicial capacity; and
characterised the Officer’s alleged conduct as criminal offending,

we found that the complaint was really about the Complainant’s dissatisfaction with the Officer’s decision in the proceeding. Making decisions is a core responsibility of a judicial officer. It is not the function of the Commission to review those decisions. Further, making a decision that is not in a party’s favour is not evidence of an incapacity to appropriately discharge the duties of judicial office.

The complaint was dismissed.

We were satisfied that it did not warrant further consideration because it did not disclose any basis to consider that the Officer may have infringed the standards of conduct generally expected of judicial officers.

Perspectives impacting the characterisation of a complaint