Judicial Commission of Victoria shares judicial discrimination guideline

‘Equality before the law is fundamental,’ state’s chief justice stresses

Judicial Commission of Victoria shares judicial discrimination guideline

The Judicial Commission of Victoria has released a guideline that explains what amounts to judicial discrimination, acknowledges its impact, and clarifies that it breaches the standards of conduct expected of judicial officers. 

In a media release, the commission said the guideline aims to affirm the value of judicial officer education and training, address how the commission assesses complaints, cover possible outcomes under the Judicial Commission of Victoria Act 2016, and supplement the Australasian Institute for Judicial Administration’s Guide to Judicial Conduct. 

The commission noted that it has adopted the Guide to Judicial Conduct, which guides Victoria’s judicial officers in navigating various behavioural and ethical issues. 

According to the commission, the guideline’s publication followed consultation with the courts and the legal sector. Input received during the consultation provided that: 

  • Judicial discrimination could diminish public confidence in the judicial system 
  • Court users expected judicial officers to meet high standards of behaviour 
  • As leaders, such officers should model appropriate behaviour and treat everybody equally 

“Equality before the law is fundamental to the courts and tribunals of Victoria,” said Richard Niall, Victoria’s chief justice and the commission board’s chair, in the media release. 

The guideline noted that a judicial officer’s inappropriate actions could threaten the justice system’s credibility and legitimacy. 

“We want every person who comes before a Court or VCAT to experience fairness, inclusion, and respect,” Niall added. “This guideline is one more step in ensuring we meet that goal, and in reinforcing the trust and confidence the community places in us.” 

In its media release, the commission expressed gratitude to everyone who shared their input during the consultation. 

Scope

The commission said it would apply the guideline when looking into complaints alleging judicial discrimination. The guideline covers judicial officers: 

  • performing work-related activities, including interacting with legal practitioners, court users, and court staff in person, online, or through other ways of communicating 
  • working at courts, at tribunals, from home, or from other locations 
  • participating in work events like conferences, training programs, or social functions 
  • mentoring, refereeing, or otherwise professionally supporting junior staff members or lawyers 
  • acting as a member of a committee or working group 

The guideline noted that judicial officers should: 

  • show fairness and respect 
  • act without discrimination 
  • foster a culture of zero tolerance for judicial discrimination 
  • challenge and deter poor behaviour within the workplace 
  • make decisions independently 
  • maintain high standards of conduct 
  • be accountable for their actions 
  • understand the links between inappropriate conduct like discrimination and other wrongful behaviours like bullying, sexual harassment, victimisation, and sexism