Process overview for handling complaints

28. The department requires all complaints to be in writing. Complaints may be made via email or by ordinary mail.
29. The department is committed to the protection of personal information, through compliance with the Privacy and Data Protection Act 2014.
30. All information which is collected as a part of the handling of a complaint against an Honorary Justice will be dealt with by the department consistently with the Privacy and Data Protection Act 2014 and the Department of Justice and Regulation information privacy policy. 

 

Anonymous Complaints

31. It is standard practice for the department to provide the Honorary Justice with details of the complainant.
32. The department will not take action on an anonymous complaint, unless the complaint addresses a public interest or safety issue.
33. If a complainant wishes not to have their identity disclosed to the Honorary Justice, a written request, together with reasons should be made to the department at the time of lodging the complaint.
34. Circumstances that may warrant the non-disclosure of the complainant’s details include (but are not limited to) the physical safety of either the complainant or the Honorary Justice or persons known to either, risk to employment, association or property.
35. If the department denies a request from a complainant not to disclose their identity to the Honorary Justice, the complainant will be advised of this decision and the complainant will be asked to decide whether they wish to pursue the complaint.
36. If the department determines to withhold the identity of the complainant, the Honorary Justice will be provided with a summary or extract of the complaint which will include sufficient detail to enable the Honorary Justice to comprehensively respond to the matters raised.

Complaints Involving Victoria Police

37. Where a complaint involves a Victoria Police officer, irrespective of whether a complaint is lodged by an officer, or an officer was a witness to a complaint by a stakeholder, or if a complaint is made against an officer, the department will not make direct contact with the officer.
38. In the event that the department or an investigator requires making contact with a Victoria Police officer, contact will be made through the relevant Assistant Commissioner.

Complaint Register

39. The department maintains a Complaint Register regarding Honorary Justices. All complaints received by the department are entered on to the Register, thus assisting the department in its task of recording and reporting on complaints in an informative and manner.
40. The outcomes of all complaints are also recorded. This information assists the department to identify any systematic trends and areas for improvement.
41. The Complaint Register is an internal document only, for the better administration of justice in Victoria. It is confidential to the department and the Attorney-General, and is not available to any other person.