JUDICIAL COMMISSION OF VICTORIA ACT 2016

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Disclosure considerations  

PART 2--COMPLAINTS AND REFERRALS

• 5 Complaints  
• 6 Complaints by professional bodies  
• 7 Referrals by head of jurisdiction  
• 8 Referrals by Attorney-General  
• 9 Referrals by the IBAC  
• 10 Complaint or referral may be made despite other proceeding  
• 11 Notification to the IBAC does not affect complaint or referral  
• 12 Officer concerned not required to disqualify themselves from proceeding  

PART 3--INVESTIGATIONS BY THE JUDICIAL COMMISSION

Division 1--Procedure in investigating complaints and referrals by Judicial Commission

• 13 Outcome of consideration of matter by Judicial Commission  
• 14 Officer concerned to be given opportunity to respond if matter to be referred  
• 15 Consultation with head of jurisdiction  
• 16 Dismissal of complaints and referrals by Judicial Commission  
• 17 Withdrawal of complaints and referrals  
• 18 Judicial Commission must adjourn investigation of certain complaints or referrals  
• 19 Referral to investigating panel, nominated head of jurisdiction or nominated person  

Division 2--Notifications by Judicial Commission

• 20 Notification of head of jurisdiction  
• 21 Notification of officer concerned  
• 22 Notification of Attorney-General  
• 23 Notification of complainant  
• 24 Content of notice relating to assessable disclosures  

Division 3--Notifications to the IBAC and the Victorian Inspectorate

• 25 Mandatory notification of corrupt conduct to the IBAC  
• 26 Mandatory notification to the Victorian Inspectorate  

Division 4--General powers and procedures of Judicial Commission

• 27 Request for further information  
• 28 Powers as to court or tribunal documents  
• 29 Requirement to undergo medical examination  
• 30 Effect of failure to undergo medical examination  
• 31 Power to adjourn investigation  
• 32 Considerations when matter the subject of other investigation or legal proceedings  

PART 4--INVESTIGATIONS BY AN INVESTIGATING PANEL

Division 1--Investigating panel procedure

• 33 Role of investigating panel  
• 34 Outcome of investigating panel investigation  
• 35 Dismissal of complaints and referrals by investigating panel  
• 36 An investigating panel must adjourn investigation of certain complaints or referrals  
• 37 Constitution of an investigating panel for making decisions  
• 38 Consultation with head of jurisdiction  
• 39 Report to Governor  
• 40 Report to Attorney-General  
• 41 Referral to nominated head of jurisdiction or nominated person  
• 42 Requirements before making a report  
• 43 Notification of officer concerned and Judicial Commission  
• 44 Notification of head of jurisdiction  
• 45 Notification of Attorney-General  
• 46 Notification of complainant  
• 47 Content of notice relating to assessable disclosures  

Division 2--Notifications to the IBAC and the Victorian Inspectorate

• 48 Notification to the IBAC by an investigating panel  
• 49 Notification to the Victorian Inspectorate by an investigating panel  
• 50 Extension or referral of matter  

PART 5--INVESTIGATION POWERS AND PROCEDURES

Division 1--General powers and procedures of investigating panels

• 51 Investigating panel proceedings  
• 52 General requirements  
• 53 Investigating panel may engage Australian lawyer to assist  
• 54 Request for further information  
• 55 Hearings and written submissions  
• 56 Powers as to court or tribunal documents  
• 57 Requirement to undergo medical examination  
• 58 Effect of failure to undergo medical examination  
• 59 Power to adjourn investigation  
• 60 Considerations when matter the subject of other investigation or legal proceedings  

Division 2--Hearings

• 61 Notice of hearing  
• 62 Hearing procedure  
• 63 Offence to be present at closed hearing  
• 64 Protection of lawyers and witnesses  
• 65 Notification of certain matters to the Judicial Commission  
• 66 Notification of certain matters to the Victorian Inspectorate  
• 67 Copies of particular guidelines to be provided to Victorian Inspectorate  
• 68 Request for information by the Victorian Inspectorate  

Division 3--Additional powers

• 69 Power to require production of documents  
• 70 Witness summons  
• 71 Content and form of witness summons  
• 72 Witness summons directed to person under 16 years  
• 73 Service of witness summons  
• 74 Supreme Court may order service by other means  
• 75 Witness already held in custody  
• 76 Specific provisions relating to witnesses  
• 77 Actions to be taken before questioning of a witness or requiring production of a document or other thing  
• 78 Power to examine on oath or affirmation  
• 79 Offence for summoned witness to fail to attend hearing  
• 80 Offence for summoned witness to refuse or fail to answer question  
• 81 Offence for summoned witness to fail to produce document or thing  
• 82 Offence for summoned witness to fail to take oath or make affirmation  
• 83 Allowances for compliance with witness summons  

Division 4--Search warrant powers

• 84 Search warrant  
• 85 Search warrant in relation to court or VCAT premises  
• 86 Procedure for executing a search warrant  
• 87 Copies or receipts to be given for documents or other things  
• 88 Return of documents and other things  
• 89 Assistance in executing search warrants  

Division 5--Privilege

• 90 Privilege against self-incrimination abrogated  
• 91 Journalist privilege does not apply  
• 92 Procedure for determining claims of privilege—notice requiring production or witness summons  
• 93 Procedure for determining privilege—search warrants  
• 94 Application to Supreme Court to determine privilege  
• 95 Determination of claim  
• 96 Offence to open sealed envelope or have access to document or thing  

PART 6--FURTHER PROVISIONS FOR INVESTIGATIONS

Division 1--Standing down

• 97 Standing down of certain judicial officers or non‑judicial members of VCAT by principal head of jurisdiction  
• 98 Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel  
• 99 Effect of standing down of certain judicial officers and non‑judicial members of VCAT  
• 100 Effect of standing down of judicial officer under section 98(2)(b)  
• 101 Consultation requirements  
• 102 Alteration to or revocation of standing down  
• 103 Reinstatement of officers concerned  

Division 2--Relevant council of judges procedure for standing down determination

• 104 Determination by relevant council of judges  
• 105 Meeting of relevant council of judges to make determination  

Division 3--Process for medical examinations

• 106 Conduct of medical examination  
• 107 Report after medical examination  
• 108 Further medical report may be provided by officer  

Division 4--Nominating head of jurisdiction or other person

• 109 Power to nominate additional head of jurisdiction  
• 110 Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate  

Division 5--Statement of reasons

• 111 Person not entitled to statement of reasons  

Division 6--Costs

• 112 Costs  

PART 7--ACTION TO BE TAKEN ON REFERRAL BY JUDICIAL COMMISSION OR AN INVESTIGATING PANEL

Division 1--Preliminary

• 113 Definition  
• 114 Functions of head of jurisdiction not limited  

Division 2--Referrals and reports to nominated head of jurisdiction or nominated person

• 115 Actions on receiving Judicial Commission report  
• 116 Matters to be taken into account in making decision as to action  
• 117 Procedures on making a decision as to action  
• 118 Where there is more than one nominated head of jurisdiction  
• 119 Notice of action to be given to complainant or referrer  

Division 3--Report as to removal of non‑judicial member of VCAT

• 120 Power to recommend removal of non-judicial member of VCAT on receiving report  
• 121 Power of Governor in Council to remove non‑judicial member of VCAT  

PART 8--ADMINISTRATION

Division 1--The Judicial Commission and the Board

• 122 Delegation by Judicial Commission  
• 123 Acting judicial members of the Board  
• 124 Acting appointed members of the Board  
• 125 Meetings of the Board  
• 126 Decisions and proceedings of the Board  
• 127 Application of provisions of Part 5 of the Public Administration Act 2004  

Division 2--Director and staff of Judicial Commission

• 128 Appointment of Director  
• 129 Functions of Director  
• 130 Removal of Director from office  
• 131 Delegation by Director  
• 132 Acting Director  
• 133 Engagement of consultants  

Division 3--Guidelines and reports

• 134 Guidelines  
• 135 Annual report of the Judicial Commission  

Division 4--Miscellaneous

• 136 Immunity of members of the Board  
• 137 Immunity of member of an investigating panel  
• 138 Use and disclosure of information  
• 139 Release of information to public  

PART 9--GENERAL

• 140 Vexatious complainants  
• 141 Offence to make statement which is false or misleading  
• 142 Disclosure of information  
• 143 Exemption from Freedom of Information Act 1982  
• 144 Exemption from Health Records Act 2001  
• 145 Exemption from Privacy and Data Protection Act 2014  
• 146 Regulations  
• 147 Savings and transitional provisions  
• SCHEDULE 1
• SCHEDULE 2
ENDNOTES