Australian Capital Territory Numbered Acts

JUDICIAL COMMISSIONS AMENDMENT ACT 2015 (NO. 1 OF 2015) - SECT 4

insert

Part 2A     Judicial council

5A     Establishment of council

The judicial council (the council ) is established.

5B     Council—members

    (1)     The council consists of—

        (a)     the Chief Justice; and

        (b)     the Chief Magistrate; and

        (c)     2 members appointed by the Executive.

    (2)     The Chief Justice is the head of council.

5C     Appointment of members

    (1)     The Executive must appoint—

        (a)     1 member who is a legal practitioner jointly nominated by the council of the law society and the council of the bar association; and

        (b)     1 member who the Executive is satisfied has the qualifications and experience to assist the council in the exercise of its functions.

    (2)     Before appointing a person as a member of the council, the Executive must consult with the Chief Justice and the Chief Magistrate.

Note     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

5D     Standing acting arrangement—members

    (1)     The Executive may appoint a person to act for a member of the council appointed under section 5C during all periods when the member cannot for any reason exercise the functions of a member of the council.

Note 1     The Legislation Act

, div 19.3.2A deals with standing acting arrangements.

Note 2     A person acting under a standing arrangement has all the functions of the occupant of the position.

    (2)     Before appointing a person under this section, the Executive must consult with the Chief Justice and the Chief Magistrate.

5E     Delegation by Chief Justice and Chief Magistrate

    (1)     The Chief Justice may delegate a function under this part to a resident judge.

    (2)     The Chief Magistrate may delegate a function under this part to a magistrate.

    (3)     The delegate may exercise a function as a member of the council only when the delegator cannot for any reason exercise the function.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

5F     Council—functions

The council has the following functions:

        (a)     receiving complaints in relation to a judicial officer;

        (b)     examining complaints in relation to a judicial officer;

        (c)     referring certain complaints to the Executive or a head of jurisdiction;

        (d)     giving information about the process for complaints in relation to judicial officers;

        (e)     any other function given to the council under this Act or another territory law.

Note     A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196).

5G     Member not to exercise function in certain circumstances

If a member of the council is, in relation to a complaint, the complainant or the judicial officer who is the subject of the complaint, the member may not exercise a function as a member of the council in relation to the complaint.

5H     Council—staff

The council is to be supported in the exercise of its functions by a principal officer and other staff considered suitable by the council.

5I     Council—delegation

    (1)     The council may delegate the council's functions under this Act to a member of the council's staff, subject to subsection (2).

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

    (2)     The council must not delegate its function of dismissing a complaint, referring a complaint or making a recommendation in relation to a complaint.