After more than a decade of advocacy by the Law Society of Western Australia, the State Government has this week introduced legislation to establish an independent Judicial Commission.
The proposed Judicial Commission Bill 2026 would create an independent body to receive, assess and investigate complaints about the conduct and capacity of judicial officers, bringing Western Australia into line with most other Australian jurisdictions.
The Law Society has consistently supported the establishment of an independent judicial complaints body, arguing that a transparent and accessible process is essential to maintaining public confidence in the administration of justice while preserving judicial independence.
Under the proposed legislation, any person or organisation would be able to make a complaint to the Commission. Complaints could be dismissed, referred to the relevant head of jurisdiction or, in serious cases, referred to an independent investigating panel.
The reform implements a recommendation of the Western Australian Law Reform Commission’s Complaints Against Judiciary report and fulfils a long-standing recommendation supported by the legal profession.
Attorney General Dr Tony Buti said the legislation marked a significant step forward for Western Australia’s justice system.
“By establishing an independent and transparent complaints process, the Commission will strengthen public confidence in our courts and tribunals,” Dr Buti said.
The Commission would comprise nine members, including six heads of jurisdiction and three community representatives, supported by an appointed director. Investigating panels would be established as required and include two current or retired judicial officers and one community member.
Where an investigating panel finds proven misbehaviour, it would be required to report its findings to the Attorney General, who must table the report in Parliament. Parliament would then retain responsibility for any recommendation to remove a judicial officer from office.
While the draft legislation provides that the Judicial Commission may establish a judicial continuing professional development scheme, this is not currently a mandated part of its role. The Law Society believes judicial education should be a core function of the Commission from the outset.
In his Second Reading speech, the Attorney-General emphasised the benefits of judicial education, including effective decision-making, maintaining contemporary legal knowledge, and promoting greater consistency in the interpretation and application of the law, which may lead to reduced appeals and increased efficiency.
Dr Buti acknowledged that “bringing the Commission’s education function together with its complaints function will also allow the commission to systemically identify emerging issues and tailor education and training accordingly”.
“As we’ve seen in other states, a successful Judicial Commission needs a clear mandate to support the judiciary through education and professional development,” said Law Society CEO Kate Wellington.
“Education and training allow Commissions to identify and respond to systemic issues emerging from complaints, promote consistency in decision-making, and strengthen public confidence in the administration of justice.
“We urge the government to mandate judicial education as part of the Commission’s core role and ensure the Commission is sufficiently resourced to carry out this important function.”
The Law Society has previously argued that Western Australia lagged behind other states and territories in establishing a judicial oversight body, with concerns instead managed through a range of informal and jurisdiction-specific processes. The introduction of the legislation represents a significant milestone in judicial accountability reform and is expected to strengthen both transparency and public trust in the state’s courts and tribunals.
