JUDICIAL COMMISSIONS ACT 1994

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Name of Act  
• 2 Dictionary  
• 3 Notes  
• 3A Offences against Act—application of Criminal Code etc  

PART 2--TENURE OF JUDICIAL OFFICE

• 4 Tenure  
• 5 Removal of judicial officer  

PART 2A--JUDICIAL COUNCIL

• 5A Establishment of council  
• 5B Council—members  
• 5C Appointment of members  
• 5D Standing acting arrangement—members  
• 5E Delegation by Chief Justice and Chief Magistrate  
• 5F Council—functions  
• 5G Member not to exercise function in certain circumstances  
• 5H Council—staff  
• 5I Council—delegation  

PART 3--JUDICIAL COMMISSIONS

• 6 Constitution of judicial commission  
• 7 Members  
• 8 Terms and conditions of appointment  
• 10 Cessation  
• 12 Termination of appointment  
• 13 Arrangements for staff  

PART 4--COMPLAINTS AGAINST JUDICIAL OFFICERS

• 14 Making of complaint  
• 15 Referral of complaint to council  
• 16 Council to examine complaint etc  
• 16A Protocol—complaints in relation to ACAT  
• 17 Council recommendation—appointment of commission  
• 18 Resolution by Legislative Assembly  
• 19 Judicial officer excused  
• 20 Functions of officers who have been excused  
• 21 Examination of complaint by commission  
• 22 Reports of commission  
• 23 Tabling reports  
• 24 Statement by judicial officer  

PART 5--PROCEEDINGS--COUNCIL AND COMMISSIONS

Division 5.1--General

• 24A Determination of question—council  
• 25 Determination of question—commission  
• 26 Counsel assisting  
• 27 Protection of members etc  
• 28 Offence—disclosure of information by members etc  
• 29 Disclosure of information to Attorney-General etc  
• 30 Outstanding matters—commission  

Division 5.2--Evidence

• 31 Procedure  
• 32 Privileges against self-incrimination and exposure to civil penalty  

Division 5.3--Powers

• 33 Search warrants  
• 34 Inspection and retention of documents  
• 35 Medical examination of judicial officer  

Division 5.3A--Examinations and hearings—council

• 35A Preliminary examination  
• 35B Early dismissal of complaint  
• 35C Refer complaint to head of jurisdiction  
• 35D Examination of complaint by council  
• 35E Hearing of complaint by council  
• 35F Appearance and representation  
• 35G Examination of witnesses  
• 35H Powers in relation to witnesses etc  
• 35I Dismissal of complaint by council  
• 35J Substantiation of complaint by council  
• 35JA Notifying Attorney-General about complaint  
• 35K Extension or partial dismissal of complaint  

Division 5.4--Hearings—commission

• 37 Power to hold  
• 38 Person presiding  
• 39 Conduct of hearing  
• 40 Appearance and representation  
• 41 Presence of people at private hearing  
• 42 Examination of witnesses  
• 43 Powers in relation to witnesses etc  
• 43A Appearance by audiovisual or audio links  
• 44 Apprehension of witnesses failing to appear  

PART 6--MISCELLANEOUS

• 55 Application of Criminal Code, ch 7  
• 56 Contempt  
• 57 Vexatious complaints  
• 58 Protection of Attorney-General and other officers  
• 59 Reimbursement of costs and expenses  
• 60 No proceeding to be brought  
• 61 Reports of proceedings—protection  
• 61A Report of council activities  
• 61B Information about complaint to be provided to Attorney-General  
• 62 Approved forms  
• 63 Regulation-making power  
DICTIONARY ENDNOTES