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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 (NO. 188, 2012) - SECT 21

Guide to this Division

This Division contains rules relating to a Commission's investigation into an allegation of misbehaviour or incapacity of a Commonwealth judicial officer.

A Commission must conduct its investigation as quickly as proper consideration of the allegation permits. Generally, it must also hold any hearings in public.

A Commission has various powers of investigation, such as the power to do the following:

               (a)     hold a hearing;

              (b)     require a witness to appear at a hearing, and arrest a person who fails to appear;

               (c)     require the production of a document or other thing;

              (d)     issue search warrants.

The Commonwealth is liable for the reasonable costs of legal representation for a Commonwealth judicial officer in relation to whom an investigation is being conducted. Witnesses are entitled to be reimbursed for their expenses.



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