Functions
The commission has the following general functions:
- to assist the courts to achieve consistency in imposing sentences
- to organise and supervise an appropriate scheme for continuing education and training of judicial officers
- to examine complaints against judicial officers and
- to give advice to the Attorney-General on such matters as the commission thinks appropriate.
The Commission may organise and supervise an appropriate scheme for the continuing education and training of judicial officers. The commission has an extensive educational role in New South Wales. It is a world leader in providing judicial education. It provides orientation classes for new magistrates in New South Wales. It has provided formal programmes for judicial officers about aboriginal cultural awareness and gender awareness. It works with other bodies to provide education to judges from other Australian States as well as overseas countries. The Commission may, for the purpose of assisting courts to achieve consistency in imposing sentences by monitoring sentences and disseminating information and reports on sentences. In carrying out this task, the commission assists the courts in achieving consistency in sentencing. The commission maintains various computerised databases (such as the Judicial Information Research System, commonly known as "JIRS" and the Sentencing Information System "SIS") which record and analyse sentence information from New South Wales courts . The commission also produces bulletins and research papers on sentencing practice in New South Wales. The use of these resources has improved the ability of courts to sentence offenders by providing them with “legal, factual and statistical data” on the types of crimes, trends in other courts, and appeal information.
The commission has a complaints function. Any person may complain to the commission about the judicial conduct of a judicial officer. Complaints to the commission are classified as either serious or minor. A complaint is considered serious if it could justify parliamentary consideration of the removal of the judicial officer complained about from office. This is defined in the New South Wales Constitution as "proved misbehaviour or incapacity". Every other complaint is classified as "minor". This is not a reflection of its importance, only that conduct outlined in the complaint would not result in the New South Wales Parliament removing that judicial officer because of the complaint. Generally, these relate to matters that may affect the performance of the judicial officer concerned.
A serious complaint must be referred to the Conduct Division unless it is a complaint that can be summarily dismissed. A minor complaint must be referred to the Conduct Division unless the commission considers that it should not be referred. In the latter case, the complaint can be referred to the head of the court to deal with it. Allegations of corruption or the commission of criminal offences are handled by the appropriate law enforcement bodies.
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