South Australian Numbered Acts

JUDICIAL CONDUCT COMMISSIONER ACT 2015 (NO 34 OF 2015) - SECT 20

20—Recommendation to appoint judicial conduct panel

        (1)         The Commissioner may recommend to the Attorney-General that he or she appoint a judicial conduct panel to inquire into, and report on, any matters concerning the conduct of a judicial officer if—

            (a)         the complaint—

                  (i)         consists of a referral by the relevant jurisdictional head under section 12(7)

; or

                  (ii)         has been referred to the relevant jurisdictional head under section 18

but—

                        (A)         has not, in the Commissioner's opinion, been satisfactorily dealt with by the relevant jurisdictional head within the period referred to in section 18(3)

; or

                        (B)         is not, in the Commissioner's opinion, able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and

            (b)         the Commissioner is of the opinion that—

                  (i)         an inquiry into the conduct is necessary or justified; and

                  (ii)         if established, the conduct may warrant consideration of removal of the judicial officer (under this or any other Act).

        (2)         The Commissioner must give reasons with his or her recommendation under this section.

        (3)         The Commissioner must give written notification of any action taken under this section to any complainant, to the judicial officer who is the subject of the complaint and to the relevant jurisdictional head.

        (4)         If the Commissioner recommends that a judicial conduct panel be appointed, the Commissioner must, at the request of the Attorney-General, make any relevant files kept by the Commissioner available to the Attorney-General.

Part 4—Judicial conduct panels