Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 58

58 Independence of holders of judicial office

(1) The commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers.

(2) To the extent that a commission investigation is, or would be, in relation to the conduct of a judicial officer--

(a) the commission's authority to conduct the investigation is limited to investigating misconduct of a kind that, if established, would warrant the judicial officer's removal from office; and
(b) the investigation must be exercised in accordance with appropriate conditions and procedures settled in continuing consultations between the chairperson and the Chief Justice.

(3) A commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson.

(4) The functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation.

(5) In this section--

judicial officer means--

(a) a judge of, or other person holding judicial office in, a State court; or
(b) a member of a tribunal that is a court of record.


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