South Australian Numbered Acts

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JUDICIAL CONDUCT COMMISSIONER ACT 2015 (NO 34 OF 2015) - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Commissioner" means the Judicial Conduct Commissioner appointed under section 7

, or the person from time to time acting as the Judicial Conduct Commissioner;

"complainant" means a person who makes a complaint under section 12(1)

;

"complaint" means a complaint under section 12

about the conduct of a judicial officer and includes a referral by the Attorney-General under section 12(6)

, a referral by a jurisdictional head under section 12(7)

and a complaint initiated by the Commissioner under section 12(8)

;

"judicial conduct panel" means a judicial conduct panel appointed under Part 4

;

"judicial office" means—

            (a)         the office of Judge of the Supreme Court;

            (b)         the office of Master of the Supreme Court, District Court Judge or any other Judge;

            (c)         any other office involving the exercise of judicial functions that may only be occupied by a Judge or Master or by a person with other legal qualifications;

            (d)         the office of Magistrate;

            (e)         any other office involving the exercise of judicial functions that may only be occupied by a Magistrate or by a person with other legal qualifications;

            (f)         the office of special justice;

            (g)         any other office prescribed by the regulations,

(and the order of the above paragraphs indicates the level of seniority of the various offices, the inclusion of reference to more than 1 office in the same paragraph indicating the same level of seniority);

"judicial officer" means a person appointed to hold or act in a judicial office;

"jurisdictional head" has the same meaning as in Part 5A of the Courts Administration Act 1993

;

"relevant jurisdictional head", in relation to a judicial officer who is, or is to be, the subject of a complaint, means a jurisdictional head who has power to issue requirements to that judicial officer in accordance with Part 5A of the Courts Administration Act 1993

.

        (2)         A reference in this Act to "conduct of a judicial officer" includes any act or omission of such an officer—

            (a)         whether occurring in the course of carrying out functions as a judicial officer or not; and

            (b)         whether resulting from an illness or incapacity or not.



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