Categorisation of complaints and specific process steps

Categories

49. Complaints will be categorised into one of the following:
    1. Category A — minor and/or operational and/or not warranting suspension or removal from office.
    2. Category B — serious misconduct and/or conduct not falling into Category A.
    3. Complaints against a person granted permission to use the ‘retired’ title.
50. Complaints may be progressed to another category at any time during the actioning of the complaint.

Category A

51. Complaints of the following nature will be progressed under this category:
    1. Inappropriate conduct of a minor nature;
    2. A minor breach of the Honorary Justices Code of Conduct that does not warrant investigation for possible suspension or removal;⁹
    3. A minor failure by an Honorary Justice to follow process in a manner that does not impact on the integrity of the function carried out by the Honorary Justice.
52. Repeated Category A complaints that have been substantiated may result in a complaint being categorised as a Category B complaint.

Process Steps

53. The department will acknowledge receipt of the complaint and seek permission to release details of the complaint, or provide a copy, to the Honorary Justice.
54. The department will advise the Honorary Justice of the complaint in writing. The department will request the Honorary Justice to respond to the complaint within an appropriate timeframe.
55. The department will assess all the information provided by both parties.
56. Possible outcomes of the complaint may be:
    1. The complaint is found to be of a minor nature with no further action taken; and/or
    2. A mutually satisfactory resolution is achieved between the parties; and/or
    3. The complaint is substantiated and the Honorary Justice is asked to apologise and/or;
    4. The Honorary Justice is required to undertake training or professional development and/or counselling.
    5. The complaint is not substantiated.
57. The department will advise both parties of the outcome in writing.

Review

58. Where a complaint has been investigated and a decision made, a person dissatisfied with the outcome of the complaint may seek a review of the decision by making the request in writing to:

Director
Community Operations and Victims Support Agency
Department of Justice and Community Safety
GPO Box 4349
Melbourne Vic 3001

59. Only the complainant or the Honorary Justice may seek a review.
60. A review of the decision will be conducted by a senior departmental officer appointed by the Director.
61. The review will be based on the process surrounding the department’s handling of the complaint and not the merit of the decision made.
62. The request for a review must contain details of the basis on which the review is sought.

Category B

63. All complaints that are not categorised as Category A.

Process Steps

64. The department will acknowledge receipt of the complaint and seek permission to release details of the complaint, or provide a copy, to the Honorary Justice.
65. The department will advise the Honorary Justice of the complaint and request the Honorary Justice to respond within 14 days.
66. At the conclusion of the 14 days afforded to the Honorary Justice to lodge a response, the complaint will be referred to the investigator for investigation, consideration and recommendation as he/she see fit.¹⁰
67. The department will provide the investigator with any previous complaints and other relevant material.
68. The investigator must make contact with the complainant and Honorary Justice and may make contact with witnesses during the course of his/her deliberations.
69. If the alleged behaviour is such that it may result in the Honorary Justice being removed from office, the Secretary may suspend the Honorary Justice in accordance with the Act and appoint an Investigator in accordance with the Act.
70. An investigator appointed under the Act must undertake the investigation of the conduct of the Honorary Justice in accordance with the Act and
    1. investigate whether there are grounds for removal of the Honorary Justice from office; and
    2. report to the Attorney-General the Investigator’s findings as to whether facts exist which could constitute grounds for the removal of the Honorary Justice from office.
71. The Investigator must afford the Honorary Justice 21 days to respond to the complaint in writing, orally or both.¹¹
72. Possible outcomes of the complaint may be:
    1. The investigator makes findings that facts exist which could constitute grounds for removal of the Honorary Justice from office In which case the Attorney-General may recommend to the Governor in Council that the Honorary Justice be removed from office.
       If the investigator makes a finding that facts exist which could constitute grounds for the removal of the Honorary Justice from office, the department will advise the Honorary Justice of this finding.
    2. The investigator makes findings that facts do not exist which could constitute grounds for removal. In such case:
       1. The investigator may include in the report to the Attorney- General one or of more of the following recommendations:
          • The Honorary Justice apologise
          • The Honorary Justice undertake training or professional development
          • Other recommendations relating to the future conduct of the Honorary Justice¹²
       2. Where the Honorary Justice has been suspended, the investigator will provide a copy of the report to the Attorney-General to the Secretary and the Secretary will revoke the suspension.¹³
73. The department will advise the Honorary Justice and complainant of the outcome. The advice to the complainant may be general in nature.

 

Footnotes

[9] See Schedule 2 of the Honorary Justices Regulations 2014 for the Honorary Justices Code of Conduct.

[10] See Section 31(1) of the Honorary Justices Act 2014.

[11] See Section 32(2) (b) of the Honorary Justices Act 2014.

[12] See Section 35(3) of the Honorary Justices Act 2014.

[13] See Section 35(1) of the Honorary Justices Act 2014.