Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 16G

Investigation of judicial registrar

16G. Investigation of judicial registrar



(1) As soon as practicable after the Chief Magistrate suspends a judicial
registrar from office under section 16F, the Attorney-General must appoint a
person nominated by the Chief Magistrate to undertake an investigation into
the judicial registrar's conduct.

(2) A person appointed under subsection (1) must-

   (a)  investigate the judicial registrar's conduct; and

   (b)  report to the Attorney-General on the investigation; and

   (c)  give a copy of the report to the judicial registrar and the Chief
        Magistrate.

(3) A report under subsection (2)(b) may include a recommendation that the
judicial registrar be removed from office.

(4) After receiving a report under subsection (2)(b) recommending removal, the
Attorney-General, after consulting the Chief Magistrate, may recommend to the
Governor in Council that the judicial registrar be removed from office.

(5) The person who conducted the investigation and the Attorney-General may
only recommend that a judicial registrar be removed on the ground of proved
misbehaviour or incapacity.

(6) The Attorney-General must not make a recommendation under subsection (4)
unless the judicial registrar has been given a reasonable opportunity to make
written and oral submissions to the person who conducted the investigation and
the Chief Magistrate.



(7) In making a recommendation under subsection (4), the Attorney-General is
entitled to rely on any findings contained in the report under subsection (2).

(8) If the Attorney-General decides not to make a recommendation under
subsection (4)-

   (a)  the Attorney-General must inform the Chief Magistrate as soon as
        practicable after receiving the report under subsection (2)(b); and

   (b)  the Chief Magistrate must lift the suspension.