(1)  If the council is satisfied on reasonable grounds that there are reasonable prospects of a complaint being wholly or partly substantiated and the complaint is of a nature that might justify the removal of the relevant judicial officer from office, the council must –

(a) appoint a judicial commission to examine the complaint; and

(b) give the Attorney-General the report mentioned in section 42 .

(2)  For the purposes of determining, under subsection (1) , whether a complaint might justify the removal of the relevant judicial officer from office, the council may take into account one or more of the following:

(a) any relevant codes of conduct that may apply to the judicial office, whether that code of conduct applies in this jurisdiction or another jurisdiction;

(b) any relevant directions given by the relevant head of jurisdiction in respect of the judicial officer;

(c) any prescribed codes, guidelines, directions or other similar instruments or documents;

(d) any other matter, instrument or document that the council considers appropriate.

(3)  As soon as practicable after being notified under section 28 that both Houses of Parliament have passed a resolution for a judicial commission to be appointed in respect of a judicial officer, the council is to appoint a judicial commission to examine the judicial officer.

(4)  The council must also give written notice of the intention of the council to appoint a judicial commission, under subsection (1)(a) or subsection (3) , to –

(a) the complainant, or the member of Parliament who raised the matter to which a resolution under section 28 relates, as the case requires; and

(b) the relevant judicial officer; and

(c) if the relevant judicial officer is not a head of jurisdiction – the relevant head of jurisdiction in respect of the judicial officer.

(5)  In appointing a judicial commission under this section in respect of a complaint, the council is to also –

(a) specify the period within which a report of the commission is to be submitted, under section 49 , in respect of the commission; and

(b) provide the commission with such information, and documents, held by the council in respect of the complaint, that the council considers appropriate.

(6)  A judicial commission appointed under this section in respect of a complaint must conduct an inquiry into the complaint in accordance with Part 5 .