Outcome of Preliminary Investigation into Complaint about
Conduct of Judge Sara Hinchey
The Judicial Commission of Victoria (the Commission) has considered a complaint concerning the conduct of State Coroner, Judge Sara Hinchey, and has reached its conclusions after its preliminary investigation.
In accordance with Part 3 of the Judicial Commission of Victoria Act 2016 (the Act), after considering a complaint, the Commission must either:
· dismiss it, in whole or in part, on a range of grounds specified in the Act;
· refer it to an investigating panel if it is a serious complaint which, if true, may warrant removal from office on grounds of misbehaviour or incapacity; or
· refer it to the relevant head of jurisdiction with recommendations about the future conduct of the officer if it is a less serious complaint but one that warrants further consideration on certain grounds.
The Commission is always mindful of the important role it plays in maintaining public confidence in the judiciary. The Commission applied the criteria in the Act to each of the allegations, as well as considering the cumulative effect of all allegations. The Commission reached its conclusions after carefully considering the 92 allegations made against Judge Hinchey and the 21 affidavits of responding material, exhibited documents, and submissions provided on behalf of Judge Hinchey.
Despite the large number of allegations in the complaint, many of them lacked detail or were otherwise incapable of meeting the criteria for referral
