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This is a Bill, not an Act. For current law, see the Acts databases.
Judicial Officers Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Judicial Officers Act 1986 in relation to the provision to the
Attorney General of information about complaints against judicial officers; and for
related purposes.
Clause 1 Judicial Officers Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Judicial Officers Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Judicial Officers Amendment Bill 2012
Amendment of Judicial Officers Act 1986 No 100 Schedule 1
Schedule 1 Amendment of Judicial Officers Act 1986 1
No 100 2
[1] Section 37A 3
Insert after section 37: 4
37A Information about complaints to be provided to Minister 5
(1) The Commission must, at the request of the Minister, provide the 6
Minister with information that discloses the following in relation 7
to a particular judicial officer: 8
(a) whether a complaint has been made, when a complaint was 9
made and when the matter about which a complaint was 10
made is alleged to have occurred, 11
(b) the subject-matter of the complaint, 12
(c) the stage of the procedure for dealing with a complaint that 13
the complaint has reached, 14
(d) for a complaint that has been disposed of, the manner in 15
which the complaint was disposed of. 16
(2) However, the Commission is not required to provide information 17
about a complaint against a particular judicial officer if the 18
Commission considers it is not in the public interest to provide 19
the information, unless the complaint has been referred to the 20
Conduct Division. 21
(3) The Commission must notify the Minister when a complaint 22
about a judicial officer is referred to the Conduct Division and 23
when and the manner in which such a complaint is disposed of 24
(whether or not the Minister has requested information about the 25
complaint). 26
(4) The Commission may, when providing the Minister with 27
information about a complaint against a judicial officer under this 28
section, also provide other information that the Commission 29
considers relevant. 30
[2] Schedule 6 Savings and transitional provisions 31
Insert at the end of clause 1 (1): 32
Judicial Officers Amendment Act 2012 33
Page 3
Judicial Officers Amendment Bill 2012
Schedule 1 Amendment of Judicial Officers Act 1986 No 100
[3] Schedule 6 1
Insert after Part 6: 2
Part 7 Provision consequent on enactment of 3
Judicial Officers Amendment Act 2012 4
8 Information about complaints to be provided to Minister 5
(1) Section 37A, as inserted by the Judicial Officers Amendment Act 6
2012, extends to information relating to complaints made before 7
the commencement of that Act. 8
(2) Section 37A (3), as inserted by that Act, extends to complaints 9
that were referred to the Conduct Division before the 10
commencement of that Act but that were not disposed of as at the 11
commencement of that Act. 12
Page 4
Judicial Officers Amendment Bill 2012
Amendment of Government Information (Public Access) Act 2009 No 52 Schedule 2
Schedule 2 Amendment of Government Information 1
(Public Access) Act 2009 No 52 2
Schedule 1 Information for which there is conclusive presumption of 3
overriding public interest against disclosure 4
Insert after clause 12: 5
13 Information about complaints to Judicial Commission 6
It is to be conclusively presumed that there is an overriding public 7
interest against disclosure of information provided by the Judicial 8
Commission to the Minister administering the Judicial Officers 9
Act 1986 under section 37A of that Act. 10
Page 5
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