Recommendations
Recommendation 1
2.9 The
committee recommends that the High Court of Australia adopt a written complaint
handling policy and make it publicly available, including on its website,
within 1 month of the tabling of this report.
Recommendation 2
2.19 The
committee recommends that, following consultation about the best way to achieve
this, all federal courts publish quarterly complaint handling summary status
reports on their websites recording the number of complaints received and, in
relation to each complaint, the date it was received, the nature of the
complaint, the date on which it was resolved and a summary of any action taken
in response to the complaint.
2.20 The
committee recommends that no personal details of either the complainant or judicial
officer be identifiable from these reports.
Recommendation 3
3.23 The
committee recommends that when the appointment of a federal judicial officer is
announced the Attorney-General should make public the number of nominations and
applications received for each vacancy.
3.24 If
the government or department prepared a short-list of candidates for any
appointment, the number of people on the list should also be made public.
Recommendation 4
3.72 The
committee recommends that the process for appointments to the High Court should
be principled and transparent. The committee recommends that the
Attorney-General should adopt a process that includes advertising vacancies
widely and should confirm that selection is based on merit and should detail
the selection criteria that constitute merit for appointment to the High Court.
Recommendation 5
4.27 The
committee recommends that all jurisdictions set a nationally consistent
compulsory retirement age for judicial officers and encourages each
jurisdiction to implement it within the next 4 years.
Recommendation 6
4.28 The
committee recommends that at the next Commonwealth referendum section 72 of the
Constitution should be amended in relation to the compulsory retirement age for
judges to provide that federal judicial officers are appointed until an age
fixed by Parliament.
Recommendation 7
4.64 The
committee recommends that the High Court of Australia Act 1969 (Cth)
prohibition on federal judges holding another office of profit be retained.
Recommendation 8
4.70 The
committee recommends that by 30 June 2010 the Attorney-General develop and
implement a protocol that provides guidelines to federal courts for the
appropriate use of short and long term part-time working arrangements for
judicial officers.
Recommendation 9
4.71 The
committee recommends that the Attorney‑General present the protocol to
the Standing Committee of Attorneys‑General for consideration at the
first meeting after 30 June 2010.
Recommendation 10
7.82 The
committee recommends that the Commonwealth government establish a federal
judicial commission modelled on the Judicial Commission of New South Wales.
Recommendation 11
7.83 The
committee recommends that this new judicial commission include the three
functions of complaints handling, assisting courts to achieve consistency in
sentencing and judicial education.
Recommendation 12
7.84 The
committee recommends that the functions currently fulfilled by the National
Judicial College of Australia be incorporated into the new judicial commission.
Recommendation 13
7.85 The
committee recommends that within 12 months the government undertake planning
and budgetary processes necessary for the establishment of this commission.
Recommendation 14
7.86 The
committee recommends that within 18 months the government introduce a bill to
establish the new judicial commission.
Recommendation 15
7.87 The
committee recommends that recommendations 10 to 14 above are implemented
subject to any constitutional limits and in consultation with the federal
courts.
Recommendation 16
7.96 The
committee recommends that as soon as possible and no later than 30 June 2010,
the government:
-
implement a federal
process enabling it to establish an ad hoc tribunal when one is needed
to investigate complaints of judicial misconduct or incapacity;
-
establish guidelines for
the investigation of less serious misconduct or incapacity issues; and
-
implement the Family
Court and Federal Magistrates Court proposal for an oversight committee.
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