Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

17 Commissioner’s power to refer complaints to Head of Bench

(1)

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

(a)

exercises his or her power under section 15A to take no further action in respect of the complaint; or

(b)

dismisses the complaint under section 16; or

(c)

recommends under section 18 that a Judicial Conduct Panel be appointed.

(2)

If the Commissioner refers a complaint to the Head of Bench, the Commissioner must advise the complainant and the Judge who is the subject of the complaint of that action.

(3)

This section is subject to section 113(2) of the Coroners Act 2006 (which relates to complaints about the chief coroner).

Compare: Judicial Officers Act 1986 s 21 (NSW)

Section 17(1)(a): substituted, on 23 March 2010, by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 17(1)(b): substituted, on 23 March 2010, by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 17(1)(c): added, on 23 March 2010, by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 17(3): added, on 1 July 2007, by section 145 of the Coroners Act 2006 (2006 No 38).