Informal responses to judicial misconduct: Assessing chapter 4 of the Judicial Council Act

The Judicial Council Act 2019 contains a process for statutory informal resolution of complaints against judges. This article surveys a number of disciplinary systems in common law countries and draws comparison with the 2019 Act. The Act introduces an informal disciplinary process that effectively operates as a form of ‘mediation’, as it depends on the consent of the complainant and judge involved. Comparative evidence from other jurisdictions suggests that this mediation approach leads to less use of informal discipline than occurs in systems which offer more discretion, so it is possible that the informal process in the 2019 Act will not be used significantly. Aspects of the detailed process contained in Chapter 4 are also ambiguous and may result in minor complaints being forced through the formal disciplinary process