Australia’s Judicial System and the Role of Judges

Australia’s Judicial System and the Role of Judges

7 December 2009

© Commonwealth of Australia 2009
ISBN 978-1-74229-086-7

View the report as a single document - (PDF 602KB)

View the report as separate downloadable parts:

Members of the Committee (PDF 53KB)
Recommendations (PDF 65KB)
Chapter 1 (PDF 55KB)

Conduct of the inquiry
Scope of the report
Note on references

Chapter 2 - Background (PDF 79KB)

Terms of Reference
Current arrangements for Federal courts – appointments and complaint handling
International obligations
International experiences

Chapter 3 - Judicial appointment (PDF 119KB)


Chapter 4 - Terms of appointment (PDF 117KB)

Acting appointments
Part-time appointment
Other possible arrangements and issues
A brief comment about remuneration, resources and a national approach

Chapter 5 - Jurisdictional issues – the interface between the federal and state judicial systems (PDF 88KB)

What are the issues?
National judiciary

Chapter 6 - Judicial Complaints Handling (PDF 88KB)

Current statutory arrangements
Current approaches to complaint handling

Chapter 7 - A Judicial Complaints Commission? (PDF 130KB)

Judicial complaint handling options
Should a federal or national complaints handling body be established?
A federal judicial commission?
Committee view
Is an intermediate process needed?

Appendix 1 - Submissions received (PDF 55KB)
Appendix 2 - Witnesses who appeared before the Committee (PDF 51KB)
Appendix 3 - International covenant on civil and political rights – Article 14 (PDF 53KB)
Appendix 4 - Outline of overseas judicial complaint handling and appointments bodies (PDF 220KB)
Appendix 5 - Law Council of Australia – Extract from submission 11 (PDF 54KB)

Attachment A
Attachment B

Appendix 6 - Law Society of New South Wales – Extract from submission 7 (PDF 57KB)

Selection Process for the Judiciary
Criteria for selection

Appendix 7 (PDF 62KB)
Appendix 8 - Federal Court of Australia Judicial Complaints Procedure (PDF 63KB)

Complaints about delay
Complaints about cases that could be dealt with on appeal or by prerogative writ
Complaints about judicial conduct
Complaints about delay
Complaints about cases that could be dealt with on appeal
Complaints about judicial conduct

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794