Investigating panel should report proof of misbehaviour to state attorney general
Through the introduction of legislation, the Western Australian government intends to create a judicial commission that will serve as an independent watchdog to deal with complaints regarding the conduct and capacity of judicial officers, bringing the state into line with Australia’s other jurisdictions.
“The Judicial Commission Bill marks a significant step forward for the State's judicial system and delivers on a key commitment by the Cook Labor Government,” said Dr Tony Buti, WA attorney general, in a media statement.
Under the Judicial Commission Bill 2026, a clear framework will govern complaints received, assessed, and investigated if needed.
“By establishing an independent and transparent complaints process, the Commission will strengthen public confidence in our courts and tribunals,” Buti said in the state government’s media statement.
The WA government noted that the legislation seeks to align the state with the country’s other states and territories and respond to a recommendation of the Western Australian Law Reform Commission's Complaints Against Judiciary Project 102.
In its media statement, the WA government explained that the planned judicial commission will have an appointed director among nine total members, composed of six heads of jurisdiction and three community members.
Under the framework, any individual or organisation can file a complaint before the judicial commission, which will serve an independent oversight function.
Complaints to the judicial commission may be subject to dismissal, a referral to the relevant head of jurisdiction, or a referral to an independent investigating panel for the most serious cases.
The appointed three-member investigating panel will comprise two incumbent or retired judicial members and one high-standing member of the community.
If an investigating panel sees proof of the judicial officer’s misbehaviour, it should report the matter to the WA attorney general, who should table that report in Parliament.
Upon the consent of both Houses, Parliament can recommend to the WA governor the relevant judicial officer’s removal from office.
“This reform preserves judicial independence while reinforcing accountability and professional excellence across the justice system,” Buti said in the state government’s media statement.
Under a professional development scheme, the judicial commission can support the continuing education and training of judicial officers.
