Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

8 Functions and powers of Commissioner

(1)

The functions of the Commissioner are—

(a)

to receive complaints about Judges and to deal with the complaints in the manner required by this Act:

(b)

to conduct preliminary examinations of complaints:

(c)

in appropriate cases, to recommend that a Judicial Conduct Panel be appointed to inquire into any matter or matters concerning the conduct of a Judge.

(1A)

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

(1B)

The functions of the Commissioner—

(a)

must not be carried out by the Commissioner if they relate to a complaint in relation to which the Commissioner has decided that he or she has a conflict of interest; and

(b)

are not carried out by the Commissioner in relation to any complaints in the situations specified in section 8B(1)(b)(i) and (ii).

(1C)

The Commissioner must refer promptly to the Head of Bench a complaint—

(a)

referred to the Commissioner by the Deputy Commissioner under section 8B(4); and

(b)

in relation to which the Commissioner has decided that he or she has a conflict of interest.

(2)

It is not a function of the Commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a Judge in relation to any legal proceedings.

(3)

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

Compare: Judicial Officers Act 1986 s 14 (NSW)

Section 8 heading: amended, on 23 March 2010, by section 6(1) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 8(1A): inserted, on 23 March 2010, by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 8(1B): inserted, on 23 March 2010, by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 8(1C): inserted, on 23 March 2010, by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).