Complaints about Judges, Magistrates, and other judicial officers of South Australian courts can be made to the Judicial Conduct Commissioner. For complaints about the judiciary in Commonwealth courts, please contact the relevant court.

The Commissioner is independent from both Government and the Judiciary and is appointed under the Judicial Conduct Commissioner Act 2015 (SA) [s 7].

Complaints must be about the conduct of a judicial officer, and not merely about being unhappy with a decision that they made [s 12(1)]. The Commissioner cannot consider complaints about orders, directions, judgments or other decisions given or made by judicial officers during or in relation to legal proceedings [s 6(3)]. Such issues could be the subject of appeals and legal advice should be sought.

Judicial officers include Supreme Court Judges and Associate Justices, District Court Judges and Associate Judges, Magistrates, Judicial Registrars and Special Justices [s 4(1)].

The conduct of a judicial officer that may be the subject of a complaint can include, but is not limited to [s 4(2)]:

A judicial officer commits an act of victimisation if they cause detriment to another person on the grounds that the person (or a third party) has made, or intends to make, a complaint to the Commissioner [s 4(3)]. A judicial officer also commits an act of victimisation if they cause detriment to a person on the grounds that the person (or a third party) has provided or intends to provide information or assistance to the Commissioner for the purpose of assisting the Commissioner in conducting a review against a judicial officer [s 4(3)].

Complaints must be in writing and must identify who is complained about, who is the person complaining and the matter that the complaint relates to [s 12(5)].

People who have been declared to be vexatious under section 39 of the Supreme Court Act 1935 (SA) or the inherent jurisdiction of the Court (either generally or in respect of particular proceedings) are not able to make a complaint to the Judicial Conduct Commissioner [s 12(2)].

The Office for Public Integrity (OPI) also has jurisdiction to receive complaints about public administration that may identify corruption, misconduct or maladministration. For further information, see the Law Handbook page on Office for Public Integrity or the OPI website.

For further information about what the Judicial Conduct Commissioner can and cannot do, and the process of dealing with complaints, visit the Judicial Conduct Commissioner website.

Brochures are also available on Making a Complaint about a Judicial Officer, and Interpreting Services.