JUDICIAL COMMISSIONS ACT 1994

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