Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

8B Function and powers of Deputy Commissioner

(1)

The function of the Deputy Commissioner is to carry out the functions of the Commissioner in relation to the following complaints (and no others):

(a)

complaints (other than those that the Deputy Commissioner has referred to the Commissioner under subsection (4)) in relation to which the Commissioner has decided that he or she has a conflict of interest; and

(b)

complaints of any kind in 1 or more of the following situations:

(i)

during the absence from office of the Commissioner:

(ii)

if the Commissioner is incapacitated in a way that affects the carrying out of his or her functions:

(iii)

during a vacancy in the office of Commissioner:

(iv)

if the Commissioner decides to refer a complaint to the Deputy Commissioner.

(2)

In carrying out his or her function in relation to a complaint, the Deputy Commissioner may decide that he or she has a conflict of interest in relation to the complaint.

(3)

After deciding that he or she has a conflict of interest in relation to a complaint, the Deputy Commissioner must—

(a)

not carry out his or her function in relation to the complaint; and

(b)

promptly refer the complaint to the Head of Bench (unless the Deputy Commissioner refers the complaint to the Commissioner as soon as practicable under subsection (4)).

(4)

The Deputy Commissioner may refer a complaint to the Commissioner as soon as practicable (instead of referring it promptly to the Head of Bench under subsection (3)(b)) if the Deputy Commissioner—

(a)

is carrying out the Commissioner’s functions in relation to the complaint in 1 or more of the situations specified in subsection (1)(b)(i) to (iii); and

(b)

decides that he or she has, in relation to the complaint, a conflict of interest; but

(c)

believes on reasonable grounds, after consulting the complainant (if any), that the Commissioner is likely to be able to begin to deal with the complaint within a reasonable time.

(5)

The Deputy Commissioner has all the powers necessary for carrying out his or her function.

(6)

The fact that the Deputy Commissioner carries out a function or exercises a power is, in the absence of proof to the contrary, sufficient evidence of the Deputy Commissioner’s authority to do so.

Section 8B: inserted, on 23 March 2010, by section 7 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 8B(1)(b)(iv): inserted, on 26 March 2015, by section 4 of the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 (2015 No 16).