Complaints against Justices of the Peace

Justices of the Peace make a valuable contribution to the Tasmanian community and it is vital that persons holding the appointment have an appropriate understanding of the role and are fit and proper persons to hold office. It is important that the Tasmanian community has trust in the office of Justice of the Peace and that there is a clear mechanism in place for members of the public to raise concerns and make complaints.

The Secretary of the Department (the Secretary) has a legal responsibility under the Act to make decisions related to complaints against Justices of the Peace. The Secretary may delegate responsibilities under the Act to departmental officers, may suspend an appointed justice, or appoint a State Service Officer or employee of the Department to undertake an investigation into a justice’s conduct.

The Act also provides that the Attorney-General, as the Minister responsible for the Act, has a role in the outcome of serious complaints against Justices of the Peace and may recommend to the Governor that an appointed justice be removed from office following an investigation.

These Guidelines apply to all Justices of the Peace appointed under the Act in Tasmania.

These Guidelines do not apply to magistrates who are justices by virtue of being a magistrate. Complaints in relation to magistrates (not including appeals against decisions made by a Court) should be referred to the Chief Magistrate in accordance with the Court’s Judicial Complaints Policy.

• Justices of the Peace Act 2018
• Justices of the Peace (Code of Conduct) Regulations 2019

Prior to lodging a formal complaint

It is recommended that concerns are first discussed with the Manager, Justices of the Peace via email or telephone (03) 6166 1429 as this may provide the quickest possible resolution. If dissatisfied with the outcome, a formal complaint to the Secretary can be made.

Making a formal complaint

If a complaint about the conduct of a Justice of the Peace cannot be resolved informally, a formal complaint may be lodged using the Department’s complaint form.

The complaint form can either be lodged on-line, downloaded and emailed to secretary@justice.tas.gov.au or, downloaded and posted to the Secretary, Department of Justice, GPO Box 825, Hobart, 7001.

Complainants who require assistance to complete the form should email secretary@justice.tas.gov.au or telephone (03) 6165 4943.

Timeframes

When a complaint is lodged, the complainant will receive an acknowledgment email and an initial assessment of the complaint will be undertaken. The Department will aim to complete this stage of the assessment within 20 business days.

The Department will inform the Justice of the Peace as soon as practicable if a complaint has been made against them and will engage with them in an unbiased, professional and courteous manner.

The Justice of the Peace that is the subject of the complaint will be provided with details of the complaint and offered an opportunity to respond in accordance with normal processes of procedural fairness.

The Department is committed to resolving complaints as quickly as possible and will endeavour to keep complainants informed of progress.

The Department will advise both the complainant and the Justice of the Peace in writing of the outcome of the complaint.

Category A - Minor

Category A complaints are defined as minor and/or operational and/or the Secretary is not satisfied that an investigation under the Act is warranted.

Examples of complaints that may be actioned under this category include:

• Inappropriate conduct of a minor nature.
• A minor breach of the Justice of the Peace Code of Conduct (that does not require consideration of removal or suspension).
• A minor instance of a Justice of the Peace not following due process (that does not impact upon the integrity of the function being carried out by a Justice of the Peace).

These complaints will be assessed in line with the Department’s Complaints Procedures.

It is noted that repeated Category A complaints that have been upheld may result in a further complaint being progressed to Category B.

For a Category A complaint, possible outcomes may include:

• The complaint is found to be minor and no further action is taken.
• A mutually satisfactory resolution is achieved between the parties.
• The complaint is substantiated and the Justice of the Peace is asked to apologise.
• The Justice of the Peace is asked to complete further training.
• The complaint is not substantiated.

Category B - Major

Category B complaints are defined as major and may warrant a more serious outcome. Complaints of serious misconduct will be actioned under this category.

Category B complaints include where the Secretary is satisfied on reasonable grounds that an investigation is warranted as to whether there are grounds for the revocation of the appointment of the Justice of the Peace. In these circumstances an investigator will be appointed by the Secretary in accordance with the Act.

Under the Act the grounds for the removal from the office of Justice of the Peace of an appointed justice include:

• the justice has committed serious or repeated breaches of the code of conduct; or
• the justice has failed, without reasonable excuse, to undertake training or professional development as required by or under section 18 of the Act; or
• the justice has failed, without reasonable excuse, to comply with another requirement made or given by the Secretary under the Act; or
• on at least three occasions, the justice has failed, without reasonable excuse, to carry out his or her duties; or
• the justice has failed, without reasonable excuse, to comply with any provision of the Act; or
• the justice no longer has the physical or mental capacity to carry out the duties of the office of Justice of the Peace; or
• the justice has brought the office of Justice of the Peace into disrepute.

It is also noted that an appointed justice ceases to hold the office of Justice of the Peace, and his or her instrument of appointment is terminated, if the justice is convicted or found guilty of an offence punishable by a term of imprisonment of 6 months or more.

For a Category B complaint, possible outcomes may include:

• Suspension of the Justice of the Peace.
• Removal of the Justice of the Peace from office.
• Any of the outcomes listed under Category A.

Following receipt of a formal complaint, the complaint will be categorised as outlined above.

Category A Complaints

The Department will review the information received and follow the processes outlined in the Department’s Complaints Policy and Procedures.

Category B Complaints

Investigation Process

The process for the suspension, investigation and removal of a Justice of the Peace is outlined in Part 4 of the Act.

Where the Secretary is satisfied that an investigation is warranted as to whether there are grounds for the revocation of the appointment of the justice, the Secretary may suspend an appointed justice to protect the administration of justice or because public confidence in the office of Justice of the Peace may be damaged if the justice is not suspended.

If a Justice of the Peace is to be suspended, the Secretary will provide written notice to the Justice of the Peace notifying them of the grounds for the suspension and the date the suspension will take effect. The suspension will continue until such time as it is revoked or until the justice is removed from the office of Justice of the Peace.

If the Secretary suspends an appointed justice on any ground other than that the justice has been charged with an offence referred to in section 14(1)(g) of the Act, the Secretary must authorise a State Service officer or State Service employee of the Department to undertake an investigation. The Secretary may also authorise an investigation where a Justice of the Peace has not been suspended from office.

Before commencing an investigation, the investigator must provide the appointed justice with written notice stating the reason for the investigation and advising that, within 21 days after receiving the notice, the justice may make submissions to the investigator, either orally or in writing, or both, in relation to the matters specified in the notice.

Report of Investigator

Once an investigation is completed, the investigator will provide a report on the investigation to the Secretary which includes a finding as to whether there are grounds for the removal of the Justice of the Peace from office and, if there are such grounds, what those grounds are.

Where an investigator finds that there are grounds for a justice to be removed from the office of Justice of the Peace, the Secretary must then provide a copy of the report to the Minister together with recommendations from the Secretary as to whether or not the justice should be removed from the office of Justice of the Peace or undertake any actions including, but not limited to, apologising and/or undertaking training or professional development.

The Minister may then recommend to the Governor that an appointed justice be removed from the office of Justice of the Peace. The Governor, on the Minister’s recommendation, may then remove an appointed Justice from the office of Justice of the Peace.

If the Minister determines not to recommend to the Governor that the justice be removed from the office of Justice of the Peace, the Minister may still inform the Secretary that the justice is required to take one or more actions which may include, but are not limited to, apologising; and/or undertaking training or professional development.

Where it has been determined that a Justice of the Peace is required to apologise or undertake training or professional development, the Secretary may determine that the suspension of the justice continue until the justice has complied with that requirement.

The Department will maintain records of all complaints received in relation to Justices of the Peace and the outcome of complaints and investigations. These records will be managed and maintained in accordance with the Archives Act 1983.

Additional information in relation to information management and privacy can be found in the Department’s overarching Complaints Policy.