WA Shadow Attorney General The Hon Nick Goiran MLC
As if to illustrate how unaccountable our legal practitioners are across Australia (in the wake our recent articles), WA’s Shadow Attorney General The Hon Nick Goiran MLC, has just replied to the question ‘Who can I complain to about the Justice system?’ from our reader Monique Bertino-Clarke. He doesn’t mince his words and promises action if elected.
This is his letter to Monique:
“Most of us expect that when something goes wrong, there’s a fair way to raise a concern. Whether it’s a problem with a government department, a business, or even a local club, we expect there to be a clear process for complaints and accountability.
If you have a problem with a government department, you can go to the Ombudsman. If it’s misconduct by a public officer, the Public Sector Commissioner can step in. For serious misconduct or any police misconduct, we have the Corruption and Crime Commission.
The bottom line is that ultimately, public servants can be sacked by their bosses and politicians can be sacked by voters come election time.
But what happens if someone has a complaint about a judge or magistrate?
The Hon Nick Goiran, Shadow Attorney-General, WA
Here’s where the system starts to look very different.
In Western Australia, those complaints are still handled internally by the head of their own court: for example the Chief Justice, Chief Judge or Chief Magistrate. That means there’s no independent body overseeing complaints about judicial officers, who remain in office until retirement.
Worse still, as proven by the Attorney General in Parliament this month, there is no transparency about the current process, nor any accountability.
The Law Reform Commission of Western Australia pointed this out in a report way back in 2013, saying the current system “requires reform” and recommended the creation of an independent Judicial Commission.
When Labor came to power in 2017, the then Premier and his Attorney General promised to establish one.
But here we are, more than eight years later, and nothing.
In 2021, the Law Society of Western Australia reported that it had been assured by the Labor Government that they would work with them on creating a Judicial Commission.
It’s now 2025.
In 2022, I asked in Parliament: “Is it intended that the legislation will address all 18 recommendations made by the Law Reform Commission of Western Australia in its August 2013 final report Complaints against judiciary?”
The Attorney General refused to say.
Fast forward to earlier this month in Parliament when I asked this simple question: How many judicial complaints were made in the last financial year?
The Attorney General’s answer was the same one we hear too often from this Government. He doesn’t know. And that’s not even the worst part.
When I pressed further, asking whether he would at least seek that information from the judiciary and report back to Parliament, his answer was simply “no”.
Let that sink in.
The Attorney General, the first law officer of Western Australia, the person responsible for the integrity of our justice system, can’t be bothered to find out how many complaints have been made against members of the judiciary.
That is a breathtaking dereliction of duty.
He doesn’t know. And that’s not even the worst part.
So, why does this matter?
It matters because this failure has real consequences. A few years ago, a magistrate from the Children’s Court of Western Australia sued the President of that Court in the Supreme Court.
During the Supreme Court trial, the Magistrate alleged bullying, harassment, and intimidation, while the President accused her of tampering with evidence and engaging in misconduct that undermined justice.
And most unsatisfactorily, the trial ended up being aborted with these serious allegations never being determined.
So, once again, Western Australians are left without answers.
It was an embarrassing and highly undesirable public dispute, in large part at public expense. The sort of episode that an independent commission could have handled.
And now, eight years after his Government committed to a Judicial Commission, the Attorney General won’t even pick up the phone to the Chief Justice to ask a simple question.
The separation of powers is not a principle to be abused by the Attorney General to excuse him from doing anything. It’s ok for him to ask the question of the judiciary.
After all, if not him – then who?
This dereliction in duty undermines public confidence in our justice system.
It also highlights Labor’s growing record of promising reform but delivering silence.
Rest assured, as Shadow Attorney General, I will keep fighting to ensure the Government finally establishes an independent Judicial Commission.
Western Australians deserve confidence that justice is not only done but is seen to be done. That starts with accountability.
It’s in the best interests of every Western Australian.