QLS calls for judicial commission

The Queensland Law Society (QLS) has long advocated for the establishment of an independent judicial commission in the state.¹

The primary aim of such a commission is to preserve public confidence in the administration of justice and to promote the separation of powers. A strong and independent judiciary is fundamental to maintaining the integrity of the judicial system, as well as government and public institutions.²

An independent judicial commission is a key mechanism for enhancing the openness, transparency and independence of the judicial system.

The role of a judicial commission

The QLS envisions a judicial commission with two core functions:

1. Preparing and implementing programs for the continuing education and training of judicial officers.
2. Receiving complaints, investigating and recommending action against judicial officers.

In performing these functions, a judicial commission will:

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• improve judicial proceedings and judicial decision making;
• improve community confidence in the judicial system;
• support and enhance the wellbeing of judicial officers and those who engage with the judiciary, including legal professionals and the public more broadly; and
• reduce complaints against judicial officers.

The current state of play

The concept of a judicial commission in Queensland has been discussed multiple times.

In the QLS 2020 Call to Parties statement for the state election, the QLS reiterated its call for a judicial commission. While the Palaszczuk Government responded by acknowledging the importance of judicial independence and the separation of powers, the Government also expressed concerns about the financial costs associated with establishing a commission, particularly in the context of the COVID-19 pandemic.³

In Hear her voice 1, the Women’s Safety and Justice Taskforce (Taskforce) recommended the establishment of a judicial commission for Queensland, building upon the models already implemented in other Australian jurisdictions, particularly the Judicial Commission of New South Wales and the Judicial College of Victoria (Recommendation 3).⁴ The QLS echoed the sentiments expressed by the Taskforce in its submission responding to the discussion, Safeguarding Independence, Ensuring Accountability – Exploring the Need for a Judicial Commission in Queensland.⁵

Despite expressing “in principle” support for this recommendation,⁶ there has been no firm commitment on if and when a judicial commission for Queensland will be created.

The establishment of a judicial commission in Queensland, as envisaged by the QLS, would represent a significant step towards enhancing the integrity and independence of the judicial system as well as supporting the vital work of Queensland’s courts, commissions and tribunals which will benefit all Queenslanders. Any reform and modernisation of our justice system will be incomplete if not accompanied by a well-resourced commission and we look forward to hearing from the parties and candidates on this issue.  

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Members are invited to review the Call to Parties statement here. The Queensland state election will be held on 26 October 2024.

Footnotes
¹ QLS 2022 Federal Election Call to Parties Statement 4; QLS 2020 Queensland State Election Call to Parties Statement 13.
² QLS 2022 Federal Election Call to Parties Statement 4.
³ ‘Call to Parties: Palaszczuk Labor Government response’, QLS Proctor (online, 20 October 2020) <https://www.qlsproctor.com.au/2020/10/call-to-parties-palaszczuk-labor-government-response/>.
⁴ Women’s Safety and Justice Taskforce, Hear her voice (Report one): Addressing coercive control and domestic and family violence in Queensland (2021) xlvi <https://www.womenstaskforce.qld.gov.au/__data/assets/pdf_file/0013/700600/volume-1-exectutive-summary-and-introduction.pdf>.
⁵ Queensland Law Society, Submission to Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, Safeguarding Independence, Ensuring Accountability – Exploring the Need for a Judicial Commission in Queensland (21 December 2022).
⁶ Queensland Government response to the report of the Queensland  Women’s Safety and Justice Taskforce, Hear Her Voice – Report One  Addressing coercive control and domestic and family violence in Queensland.