JUDICIAL COMMISSION OF VICTORIA ACT 2016 - SECT 37 Constitution of an investigating panel for making decisions

JUDICIAL COMMISSION OF VICTORIA ACT 2016 - SECT 37

    (1)     The decision of an investigating panel on what action to take in relation to a complaint or referral it is investigating may be made by a majority of the members of the investigating panel as constituted for the complaint or referral.

    (2)     A report of an investigating panel may include a majority report and a minority report.

    (3)     If a member of the investigating panel becomes unavailable or unable to perform the functions of a member, or ceases to be a member under section 87AAY(1)(i), (j) or (k) of the Constitution Act 1975 , or is removed as a member, the investigating panel may—

        (a)     continue the investigation of the complaint or referral with 2 members; or

        (b)     request the Judicial Commission to appoint a replacement member.

    (4)     If an investigating panel continues the investigation of a complaint or referral with only 2 panel members in accordance with subsection (3)(a), the decision of the investigating panel on what action to take must be unanimous.