New South Wales Consolidated Acts
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JUDICIAL OFFICERS ACT 1986 - SECT 39E
Action following preliminary examination
39E Action following preliminary examination
(1) Following its preliminary examination in relation to a formal request, the
Commission-- (a) if of the opinion that, having regard to the results of a
medical or psychological examination, the judicial officer may have an
impairment that affects his or her performance of judicial or official
duties-- (i) may refer the matter to the Conduct Division, or
(ii) may refer
the matter back to the relevant head of jurisdiction,
together with a report
that sets out the results of the medical or psychological examination, or
(b)
in any other case, must summarily dismiss the request.
(2) In any case, the
Commission must cause notice of its action to be given to the relevant head of
jurisdiction.
(3) If a matter is referred back to the relevant head of
jurisdiction under subsection (1) (a) (ii), the reference may include
recommendations as to what steps might be taken to deal with any impairment
disclosed by the Commission's examination of the matter.
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