The Judicial Conduct Commissioner receives all complaints made against judges, but where the complaint would not if proven, justify the removal of the judge, the Judicial Conduct Commissioner must either dismiss the complaint or refer it to the relevant Head of Bench. The Head of Bench will consider the complaint in accordance with the judicial complaints process that existed prior to the commencement of the Act.
The complaints process cannot be used to complain about a judge's decision. Disagreements with judges' decisions are dealt with through the judicial system. The decision can usually be appealed or judicially reviewed.
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