A magistrate's conduct is being examined by the territory’s judicial watchdog after she gave a man an envelope containing $50 cash to help pay for the hotel he would be released on bail to stay, The Canberra Times can reveal.

Was the act one of compassion towards a vulnerable member of the community who had nowhere else to go? Does it raise questions about the magistrate’s impartiality and the transparency of the administration of justice?

On August 21 the outgoing Director of Public Prosecutions Jon White SC complained about Magistrate Bernadette Boss’s conduct to the attorney-general, who has by law referred the complaint to the judicial watchdog.

In the most serious cases, a complaint with the ACT Judicial Council can end in the dismissal of a magistrate or judge from their position. It is understood the complaint alleges Dr Boss’s conduct that day could call into question her impartiality and the transparency of the administration of justice in this matter.

Dr Boss started hearing the defendant's bail application in the ACT Magistrates Court early in the morning on July 31 this year. The DPP had opposed his release, saying there was a likelihood he would reoffend and not appear in court.