Tasmanian Numbered Acts

JUDICIAL COMMISSIONS ACT 2024 (NO. 28 OF 2024)

- Act 28 of 2024
- Royal Assent 13 December 2024

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Tenure of judicial office
   5.      Application of Act

   PART 2 - Judicial Entities

           Division 1 - Judicial council

   6.      Establishment of council
   7.      Functions and powers of council
   8.      Council members not to perform functions or exercise powers in certain circumstances
   9.      Staff and facilities of council
   10.     Delegation by certain council members
   11.     Delegation by council
   12.     Attorney-General may request certain information from council
   13.     Annual reports of council

           Division 2 - Judicial commissions

   14.     Potential membership of judicial commissions
   15.     Membership of judicial commissions
   16.     Proceedings of commission
   17.     Staff and facilities of commissions
   18.     Cessation of commissions

           Division 3 - Powers and procedures of council and commissions

   19.     Procedural rules for council or commissions
   20.     Inspection and retention of documents
   21.     Medical examinations of judicial officers
   22.     Search warrants
   23.     Persons may appear by audio or audio visual links
   24.     Council or commissions may disclose certain allegations
   25.     Council or commissions may determine costs in certain circumstances
   26.     Costs and expenses of council and commissions

   PART 3 - Complaints Against Judicial Officers

           Division 1 - Types of complaints

   27.     Complaints generally
   28.     Parliamentary resolutions for commissions to be appointed
   29.     Complaints automatically dismissed in certain circumstances

           Division 2 - Effect of making of complaints

   30.     Council to examine complaints &c.
   31.     Council to appoint judicial commissions in respect of complaints
   32.     Judicial officer excused if judicial commission appointed

           Division 3 - Result of examination of complaint

   33.     Judicial officer removed from office in certain circumstances

   PART 4 - Examination of Complaints by Council

   34.     Proceedings of council
   35.     Preliminary examinations of complaints
   36.     Examination of complaint by council
   37.     Complaints to be referred to head of jurisdiction in certain circumstances
   38.     Power of council to extend or partially dismiss complaint
   39.     Hearing of complaint by council
   40.     Powers in relation to witnesses, &c., at hearings
   41.     Council may dismiss complaints
   42.     Council to report on certain actions

   PART 5 - Inquiry into Complaints by Commission

   43.     Inquiry into complaint by commission
   44.     Hearings of complaints by commission
   45.     Vexatious complaints may be dismissed
   46.     Commission may direct certain matters not to be made public
   47.     Powers relating to witnesses, &c., at hearing of commission
   48.     Witnesses who fail to appear at hearings may be apprehended
   49.     Reports of commission
   50.     Commission reports to be tabled in Parliament
   51.     Statements by judicial officers
   52.     Outstanding matters of commission

   PART 6 - Miscellaneous

   53.     Immediate suspension of judicial officers in certain circumstances
   54.     Effect of disclosure of certain information
   55.     Protection of members &c.
   56.     Protection from liability
   57.     Application of Criminal Code
   58.     Application of Defamation Act 2005 to certain reports
   59.     Disclosure of information by members &c.
   60.     False or misleading information
   61.     Offences
   62.     Review of Act
   63.     Regulations
   64.     Administration of Act
   65.     Consequential amendments
           SCHEDULE 1
           SCHEDULE 2