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Matters not covered by Guideline

Outlines those matters regarding the handling of complaints against honorary justices that are not covered by the guideline.

Protected Disclosure

  1. This Guideline does not cover complaints that are a disclosure under the Protected Disclosure Act 2012. Such disclosures will be dealt with in accordance with the Protected Disclosure Act 2012 and the department's Making and Handling Protected Disclosures Procedures.

Notifications

  1. This Guideline does not apply to matters brought to the attention of the department that may result in informal enquires by the department and which are unable to progress to a complaint.

Bail Justices holding a prescribed office

  1. A person who holds a prescribed office is, by virtue of holding that prescribed office, a Bail Justice.3
  2. The offices which are prescribed are the office of Prothonotary and deputy Prothonotary (Supreme Court), principal registrar (Magistrates’ Court and Children’s Court), registrar and deputy registrar (Magistrates’ Court and Children’s Court), or associate to a judge of the Supreme Court or the County Court.4
  3. If a complaint is made against a Bail Justice who is a Bail Justice by virtue of holding a prescribed office under the Act, the department will not investigate the complaint, but refer it to the head of the jurisdiction where the Bait Justice performs their duties.
  4. For example, a complaint against a registrar of the Magistrates’ Court of Victoria regarding the discharge of their duties as a Bail Justice would be referred to the Chief Executive Officer of Court Services Victoria for investigation and resolution as considered appropriate.

 

Footnotes

[3] See Section 18 (1) of the Honorary Justices Act 2014.

[4] See Regulation 10 of the Honorary Justices Regulations 2014.

Updated