(a)
the matter, if substantiated, could justify parliamentary consideration of the
removal of the judicial officer from office, or
(b) although the matter, if
substantiated, might not justify parliamentary consideration of the removal of
the judicial officer from office, the matter warrants further examination on
the ground that the matter may affect or may have affected the performance of
judicial or official duties by the officer.
(a) a matter arising before the appointment of the judicial officer to
the judicial office then held, or
(b) a matter arising before the
commencement of this Act,
unless it appears to the Commission that the matter,
if substantiated, could justify parliamentary consideration of the removal of
the officer from office.
(4) A complaint may be made in relation to a
judicial officer's competence in performing judicial or official duties, so
long as the Commission is satisfied as to the matters mentioned in subsection
(2) (a) or (b).
(5) A complaint may be made in relation to a matter, and be
dealt with, even though the matter is already or has been the subject of
investigation or other action by the Commission or Conduct Division or by any
other body or person.
(6) Without limiting the foregoing, a complaint may be
made in relation to a matter, and be dealt with, even though the matter
constitutes or may constitute a criminal offence (whether or not dealt with,
or being dealt with, by a court).
(7) The Commission or Conduct Division may
adjourn consideration of any matter if it is being dealt with by a court or
for any other appropriate reason.
