SA court judgment reissued following complaint that ‘position on pronouns’ had not been accommodated

A South Australian court judgment needed to be reissued after a complaint was made that the wrong pronouns had been used by the judicial officer.

The annual Judicial Conduct Commissioner’s report included 63 complaints in the 2023-24 year. Picture NCA NewsWire/Emma Brasier

A South Australian court judgment needed to be reissued after a complaint was made that a judicial officer had used the wrong pronouns.

The mix-up was among 63 complaints reported to Judicial Conduct Commissioner Michael Boylan in the 2023-24 year – including 17 complaints about inappropriate conduct in court and 15 about a judicial decision or order.

In his annual report, tabled in state parliament last week, Mr Boylan said he received one complaint that a judicial officer had not accommodated a person’s “position about pronouns” in the published reasons for judgment.

“I asked the judicial officer for a response to the complaint,” his report said.

“The judicial officer undertook a review of the written reasons for judgment and drafted an amended judgment with the pronouns revised.

“In those circumstances, I was satisfied that further consideration of the complaint would be unjustified.”

Judicial Conduct Commissioner Michael Boylan tabled the report in state parliament last week. Picture: Roger Wyman

Judicial officers include judges and masters of the Supreme and District Courts, as well as special justices and magistrates.

A separate complaint alleged a number of instances of workplace bullying by a judicial officer.

Mr Boylan conducted a preliminary examination into the complaint, which included collecting statements from relevant staff members.

“I instructed an independent investigator to take those statements,” his report said.

“I then invited the judicial officer concerned to provide a response to those statements.

“Having considered the statements and the judicial officer’s response, I dismissed the complaint.”

A professional investigator was paid more than $14,000 to assist with collecting the statements as part of the investigation.

Another complaint mentioned in the report related to a judicial officer who allegedly bullied a prosecutor in court.

In that instance, the judicial officer apologised to the person concerned.

The Judicial Conduct Commissioner is an independent authority who has the power to deal with complaints in several ways, including recommending a judicial officer’s removal from office by parliament if a serious misconduct matter is proven.

The position was created in 2015 as a measure designed to improve accountability and transparency within the legal system.