Tuesday, 19 March 2024

Director of Public Prosecutions

David DAVIS (Southern Metropolitan) (13:42): (463) My question is again to the Attorney-General. Attorney, I refer to the now regular referrals by the Director of Public Prosecutions of respected judges to the judicial college and ask: does the Attorney-General concede that judicial independence is inevitably compromised when an activist DPP is in a position to threaten judges who may criticise a prosecution case, or simply a judge she dislikes, with referral to the judicial college?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (13:43): First of all, I think it is disgraceful that you would reflect on the DPP in the manner in which you have. Also, you have got your facts wrong. I do not think there has been a complaint made to the judicial college – that I am aware of – because they do not actually have any responsibility for accepting complaints because they are an education body. I assume you are referring to the judicial commission.

Obviously I am aware of the complaints; they have been well ventilated. One of those judges has resigned. The commission has to cease the investigation because they are the rules as they currently stand. I understand that in relation to the other complaint that has been public that is an investigation that is ongoing. I do not know about any other existing complaints, but I think that when we as leaders make statements that discourage people from making complaints, that is a really dangerous path for us to be on. I endorse the Law Institute of Victoria’s statements which raised concerns about criticism about anybody making a complaint about inappropriate conduct or any conduct at all. The fact that you describe somebody as ‘respected’ – I have the title of ‘Honourable’; I do not even really like the title, but that does not entitle me to be protected because I have a title. If I have done something wrong, a complaint should be made about me, and that should be the same for judges. I do not care who makes the complaint. If you have an experience with the court – whether you are the DPP, a member of the OPP or a junior barrister – you should not be discouraged from raising those complaints with the appropriate forum, which is the judicial commission.

David DAVIS (Southern Metropolitan) (13:45): I therefore ask: does the Attorney-General have full confidence in the DPP given her now regular referral of judges to the judicial commission, sometimes secretly?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (13:45): Full confidence.