Complaints against Non-Judicial Members of the Tribunal

This part of the Complaints policy deals with complaints against Non-Judicial Members of the Tribunal - that is, the full-time, part-time and sessional Members of the Tribunal, other than the President and Deputy Presidents of the Tribunal.

What kinds of complaints may be made?

All full-time, part-time and sessional Non-Judicial Members appointed to the Tribunal are required to comply with the Non-Judicial Members’ Code of Conduct (Code). A copy of the Code is available here.

If you consider that the conduct of a Non-Judicial Member of the Tribunal has not complied with the Code, you may make a complaint.

You cannot use the complaint process to complain about a decision you think is incorrect, or unfair.  If you do not agree with a decision made by a Member in your case, you may have a right of appeal against that decision to the Supreme Court, or in some cases, a right to have that decision reviewed by a more senior Member of the Tribunal or by a full Tribunal.  You should seek your own advice about your rights of appeal or review.  The Tribunal is not able to provide you with that advice.

How to make a complaint

If you wish to make a complaint about the conduct of a Non-Judicial Member of the Tribunal, it should be made in writing, and addressed to the President of the Tribunal.  Alternatively, you may use the complaint form.

You must provide:

• your name, address and phone number;
• the case number and the parties involved in the proceeding, if applicable;
• the name of the Member to whom your complaint pertains;
• details of your complaint, including the date on which the conduct complained of occurred.

You should not include a complaint within a document filed in a proceeding in the Tribunal.

How will the complaint be handled?

The Tribunal will acknowledge receipt of your complaint in writing.

The complaint will then be referred directly to the President.

A Member is not permitted to seek to resolve a complaint pertaining to them, or to direct the response which should be made to the complaint.

The President will deal with the complaint generally in accordance with the process set out in the Protocol for Complaints Against Judicial Officers of Western Australia (Protocol).  A copy of the Protocol is available here.

The President will respond to the complaint as soon as reasonably practicable, bearing in mind that sometimes the investigation of a complaint may take some time. 

What consequences may follow from a complaint in relation to a Non-Judicial Member of the Tribunal?

After considering a complaint:

• if the complaint has not been made out, the President may decide that no further action is required;
• if the President considers that the Member has not complied with the Code (to a non-trivial extent) the President may take such action as the President considers appropriate;
• if the President considers that the Member may have breached the Code in a way that constitutes misconduct, or that there may be a reason to take action against the Member under s 123 of the State Administrative Tribunal Act 2004, the President may suspend the Member, in accordance with s 122 of that Act, and thereafter the matter will be dealt with in accordance with ss 122 - 126 of the State Administrative Tribunal Act 2004.