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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 - SECT 20

Natural justice

  (1)   A Commission must act in accordance wi th the rules of natural justice.

  (2)   Without limiting subsection   ( 1) , if a n allegation of misbehaviour or incapacity is being investigated by a Commission in relation to a Commonwealth judicial officer :

  ( a )   the Commission must :

  (i)   give the Commonwealth judicial officer particulars of the allegation being investigated as soon as practicable ; and

  (ii)   offer the Commonwealth judicial officer a reasonable opportunity to make an oral or written statement to the Commission ; and

  ( b )   the Commission must offer the Commonwealth judicial officer reasonable access to any documents or other things (including documents, or other things, seized under a search warrant) received by, produced before, delivered to, or otherwise acquired by, the Commission for the purposes of the investigation ; and

  ( c )   if the Commonwealth judicial officer does not attend, or appear at , a hearing of the Commission , or otherwise give evidence to the Commission -- the Commission must not draw any inferences adverse to the Commonwealth judicial officer from that fact; and

  ( d )   before the Commission gives a report under sub section   48 (1) or (6) , the Commission must :

  (i)   give the Commonwealth judicial officer a draft of the report ; and

  (ii)   give the Commonwealth judicial officer a reasonable opportunity to give comment s to the Com mission on the draft report; and

  (iii)   consider any timely comments that the Commonwealth judicial officer makes to the Commission on the draft report.



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