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, contact the relevant court.

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

Complaints

Complaints must be about the conduct or behaviour of a judicial officer, and not about a decision or verdict believed to be wrong [s 12(1)]. The Commissioner cannot consider complaints about orders, directions, judgments or other decisions of judicial officers during or in relation to legal proceedings [ss 6(3), 17(1)(e)]. Such issues may be the subject of an appeal 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) [s 4(3)]:

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 the Office for Public Integrity or the OPI website.

Complaints to the Judicial Conduct Commissioner must be in writing and must identify [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 permitted to complain to the Judicial Conduct Commissioner [s 12(2)].

It is a criminal offence to:

Action that may be taken

Upon receipt of a complaint, the Judicial Conduct Commissioner may take one or more of the following actions, depending on the nature of the complaint:

The Commissioner must dismiss the complaint if the judicial officer complained about is no longer a judicial officer [s 17(1)(f)].

The Judicial Conduct Commissioner is usually required to inform the judicial officer the subject of the complaint and the relevant jurisdictional head of the complaint received [s 12(3)].

Judicial conduct panels

The Attorney-General may, on the Judicial Conduct Commissioner's recommendation, appoint a judicial conduct panel to inquire into and report on the conduct of a judicial officer [s 21]. A judicial conduct panel consists of:

The Attorney-General may, in consultation with a judicial conduct panel, appoint counsel to assist with an inquiry [s 23A].

The procedure of a judicial conduct panel is largely determined by the members of the panel [s 23(2)]. From 1 August 2025, the Judicial Conduct Commissioner must prepare and publish guidelines that set out how judicial conduct panels are to conduct their meetings, business, examinations of complaints, and inquiries [s 6A].

The judicial officer the subject of the inquiry, every complainant and every witness appearing before a judicial conduct panel are entitled to legal representation [s 23B(1)(a)]. Others may participate in, and be legally represented for, a judicial conduct panel inquiry with the panel's permission [s 23B(1)(b)]. Witnesses must be informed of their rights and obligations as a witness before appearing before the panel unless they are legally represented [s 24A].

The judicial officer the subject of the inquiry is not permitted to question or cross-examine a complainant or witness personally [s 24B]. Special arrangements may be made to protect witnesses from embarrassment, distress or intimidation when giving evidence [see s 23C and Evidence Act 1929 (SA) s 13].

A judicial conduct panel must provide the Attorney-General with a report at the conclusion of its inquiry [s 25]. This may result in the removal of the judicial officer from office by the Governor or State Parliament [s 26].

The first and only judicial conduct panel to have been appointed in South Australia was appointed on 24 June 2021 to investigate a series of complaints made about a sitting magistrate. The panel's inquiry ultimately resulted in the magistrate's dismissal. The report of the judicial conduct panel was tabled in Parliament on 17 November 2022 and can be found by searching on the Parliament of South Australia Tabled Papers and Petitions webpage.

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