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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 - SECT 19

How a Commission is informed

  (1)   A Commission is not bound by the rules of evidence and may be informed on any matter in any manner it thinks fit.

Previous official inquiries and investigations

  ( 2 )   In considering an allegation, a Commission must consider the outcome of any previous official inquiry or official investigation into the allegation so far as the Commission thinks it necessary or desirable to do so.

  ( 3 )   The Commission is not (subject to subsection   ( 4)) precluded by :

  (a)   any other Australian law ; or

  ( b )   any privileges of either House of the Parliament ;

from obtaining access to the records of evidence given at, or findings made as a result of, such an inquiry or investigation .

  (4)   Subsection   ( 3) is not intended to limit or otherwise affect the operation of section   16 of the Parliamentary Privileges Act 1987 .

O fficial inquiries and investigations

  ( 5 )   Without limiting the meaning of official inquiry , that expression includes :

  (a)   a Royal Commission within the meaning of the Royal Commissions Act 1902 ; and

  (b)   a Royal Commis sion of a State or a Territory; and

  (c)   a commission of inquiry of the Commonwealth , a State or a Territory.

  (6 )   Without limiting the meaning of official investigation , that expression includes :

  (a)   an investigation into a complaint about a Judge within the meaning of the Federal Court of Australia Act 1976 ; and

  (c)   an investigation into a complaint about a Judge within the meaning of the Federal Circuit and Family Court of Australia Act 2021 ; and

  (d)   the consideration of a matter by the Director of Public Prosecutions of the Commonwealth , a State or a Territory; and

  ( e )   an investigation by the Australian Federal Police .



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