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PARLIAMENT OF VICTORIA
Judicial Commission of Victoria Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--JUDICIAL COMMISSION OF VICTORIA 9
Division 1--Establishment of the Commission 9
4 Establishment of Judicial Commission of Victoria 9
5 Functions of the Commission 9
6 Powers of the Commission 10
7 Delegation of functions 11
Division 2--Board of the Commission 12
8 The Board and its membership 12
9 Appointed members 13
10 Conditions of appointment 13
11 Resignation or removal of appointed members 14
12 Alternate official members 15
13 Alternate appointed members 15
14 Appointment and functions of alternate members 16
15 Official member must not act if subject of complaint 16
16 Meetings 17
17 Resolutions without meetings of the Board 17
18 Validity of acts and decisions of the Commission 18
Division 3--Chief Executive Officer and staff of Commission 19
19 The office of the Commission 19
20 Chief Executive Officer 20
21 Acting Chief Executive Officer 21
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Division 4--Guidelines and reports 22
22 Guidelines 22
23 Annual report of the Commission 22
24 Reports on Commission's educational functions 24
25 Reports of Chief Executive Officer 25
PART 3--JUDICIAL EDUCATION FUNCTIONS 26
26 Educational functions of the Commission 26
27 Educational division of the Commission 27
PART 4--INVESTIGATIONS BY THE COMMISSION 28
Division 1--Making of complaints and Part 4 referrals 28
28 Complaints by the public 28
29 Referrals by head of jurisdiction 28
30 Referrals by the Attorney-General 30
31 Procedure for making complaint or referral 30
32 Complaint or Part 4 referral may be made despite other
proceedings 30
33 Request for further information 31
34 Withdrawal of a complaint or referral 31
Division 2--Commencement of investigation 32
35 Duty of Commission to investigate 32
36 Dismissal of complaint or Part 4 referral without investigation 32
37 Written notice of decision 34
38 Investigation of complaint or Part 4 referral 35
Division 3--Health requests 36
39 Health request 36
40 Requests to undergo medical examinations or provide reports 37
41 Refusal of officer to undergo medical examination or provide
reports 37
42 Conduct of medical examination 38
43 Reports and submissions after medical examination 39
44 Outcome of medical examination 40
45 Reports to Attorney-General or head of jurisdiction 42
Division 4--Standing down of officers 43
46 Process for standing down officers 43
47 Alterations to or revocation of standing down of an officer 44
48 Performance of functions 45
49 Reinstatement of officers 45
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Division 5--General provisions 46
50 Head of jurisdiction the subject of a complaint, Part 4 referral
or health request 46
51 Election to be relevant head of jurisdiction 47
52 Vexatious complainants 47
53 Multiple investigations 48
54 Extension or referral by Commission 49
55 Adjournment of matter 49
56 Further powers of Commission under this Act 50
PART 5--FURTHER INVESTIGATION OF JUDICIAL
OFFICERS 51
Division 1--Referral of complaints or Part 4 referrals 51
57 Decisions about complaints or Part 4 referrals 51
58 Process after decision 52
59 Recommendations to relevant head of jurisdiction 54
60 Commission to report to Attorney-General 54
Division 2--Conduct of investigations 54
61 Procedure for investigations 54
62 Procedure for notifying judicial officer 55
63 Procedure as to hearing 56
64 Procedure where investigating panel does not conduct hearing 56
65 Decision of investigating panel 57
66 Report to Governor in Council 58
67 Report to relevant head of jurisdiction 59
68 Power to give effect to recommendation 60
Division 3--Panel's powers to require medical examination 62
69 Medical examination 62
70 Requests to undergo medical examinations or provide reports 63
71 Refusal of officer to undergo medical examination or provide
reports 64
72 Conduct of medical examination 64
73 Reports and submissions after medical examination 64
74 Outcome of medical examination 65
Division 4--General powers of investigating panels 66
75 Powers of investigating panels 66
76 Extension or referral by panel 66
77 Adjournment of matter 67
78 Constitution of panel for making decisions 67
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Division 5--Establishment of investigating panels 68
79 Establishment of investigating panels 68
80 Membership of investigating panel 68
81 Selection of chairperson 69
82 Appointment of members of investigating panels 69
83 Pool for appointment of panel member 70
84 Nomination of pool of persons 70
85 Conditions for members of pool 71
86 Resignation or removal from pool 72
87 Validity of acts and decisions of an investigating panel 72
PART 6--FURTHER INVESTIGATION OF JUDICIAL
REGISTRARS AND VCAT OFFICERS 74
Division 1--Referral of complaints or Part 4 referrals 74
88 Decisions about complaints or Part 4 referrals 74
89 Process after decision 75
90 Recommendations to relevant head of jurisdiction 77
91 Commission to report to Attorney-General 77
Division 2--Conduct of investigations 77
92 Procedure for investigations 77
93 Procedure for notifying judicial registrar or VCAT officer 78
94 Procedure as to hearing 79
95 Procedure where investigator does not conduct hearing 80
96 Decision of investigator 80
97 Removal of judicial registrar or VCAT officer from office 82
98 Report to relevant head of jurisdiction 82
99 Power to give effect to recommendation 84
Division 3--Investigator's powers to require medical examination 86
100 Medical examination 86
101 Requests to undergo medical examinations or provide reports 87
102 Refusal of officer to undergo medical examination or provide
reports 87
103 Conduct of medical examination 87
104 Reports and submissions after medical examination 88
105 Outcome of medical examination 89
Division 4--General powers of investigators 89
106 Powers of investigator 89
107 Extension or referral by investigator 90
108 Adjournment of matter 91
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Division 5--Appointment of investigators 91
109 Appointment of investigators 91
110 Validity of acts and decisions of an investigator 92
Division 6--Establishment of official committees 93
111 Establishment of official committees 93
112 Membership of official committee 93
113 Selection of chairperson 93
114 Validity of acts and decisions of an official committee 94
PART 7--GENERAL PROVISIONS 95
Division 1--Provision and confidentiality of information 95
115 Offence to provide false or misleading information 95
116 False or misleading information provided by officer 95
117 Confidential information 96
118 Incriminating information 97
119 Release of information to Attorney-General 98
120 Release of information to public 99
121 Exemption from Freedom of Information Act 1982 100
122 Exemption from Health Records Act 2001 100
123 Exemption from Information Privacy Act 2000 101
Division 2--Miscellaneous provisions 101
124 Regulations 101
PART 8--REPEAL OF JUDICIAL COLLEGE OF VICTORIA
ACT 2001 AND AMENDMENTS TO OTHER ACTS 103
Division 1--Repeal of Judicial College of Victoria Act 2001 103
125 Judicial College of Victoria Act 2001 103
Division 2--Amendments to other Acts 103
126 Children, Youth and Families Act 2005--New section 509A
inserted 103
509A Administrative responsibility of President 103
127 Children, Youth and Families Act 2005--Repeal of sections
542G to 542I 104
128 Constitution Act 1975--amendment of section 87AAA 104
129 Constitution Act 1975--amendment of section 87AAB(2) 104
130 Constitution Act 1975--repeal of sections 87AAC to 87AAH 104
131 Coroners Act 2008--New section 95A inserted 105
95A Administrative responsibility of State Coroner 105
132 Coroners Act 2008--Repeal of sections 102G to 102I 105
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133 County Court Act 1958--New sections 8A and 8B inserted 105
8A Administrative responsibility of Chief Judge 105
8B Assignment of duties by Chief Judge 106
134 County Court Act 1958--Sections 17R to 17T repealed 106
135 Magistrates' Court Act 1989--New section 12A inserted 106
12A Administrative responsibility of Chief Magistrate 106
136 Magistrates' Court Act 1989--Sections 16F to 16H
repealed 107
137 Supreme Court Act 1986--New Division inserted 107
Division 5A--Powers of Chief Justice 107
28AAA Administrative responsibility of Chief Justice 107
28AAB Assignment of duties by Chief Justice 107
138 Supreme Court Act 1986--sections 113I, 113J and 113K
repealed 107
139 Victorian Civil and Administrative Tribunal Act 1998--
Sections 22 to 24 repealed 108
Division 3--Repeal of Divisions 1, 2 and this Division 108
140 Repeal of Divisions 1, 2 and 3 108
Division 4--Transitional and savings 108
141 Saving of effect of Interpretation of Legislation Act 1984 108
142 Transitional provisions 109
143 Transitional provision for matters referred under the
Constitution Act 1975 110
144 Transitional provision for conduct occurring before
commencement of section 125 111
ENDNOTES 112
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Judicial Commission of Victoria Bill
2010
A Bill for an Act to establish the Judicial Commission of Victoria and
to amend the Children, Youth and Families Act 2005, the
Constitution Act 1975, the Coroners Act 2008, the County Court
Act 1958, the Magistrates' Court Act 1989, the Supreme Court Act
1986 and the Victorian Civil and Administrative Tribunal Act
1998, to repeal the Judicial College of Victoria Act 2001 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to establish the Judicial Commission of
5 Victoria; and
(b) to provide for continuing education and
professional development of judicial officers,
judicial registrars and VCAT officers; and
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(c) to provide for the investigation of
complaints, referrals and health requests
regarding judicial officers, judicial registrars
and VCAT officers; and
5 (d) to repeal the Judicial College of Victoria
Act 2001; and
(e) to make consequential and other
amendments to other Acts.
2 Commencement
10 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2012, it comes into
operation on that day.
15 3 Definitions
(1) In this Act--
acting coroner means--
(a) a coroner appointed under the
Coroners Act 1985 (as in force before
20 its repeal) who is not a judge of the
County Court, a magistrate or an acting
magistrate; or
(b) a person appointed under section 94 of
the Coroners Act 2008;
25 appointed member means a person appointed as a
member of the Board under section 8(2)(b);
associate judge means--
(a) an Associate Judge appointed under
section 104 of the Supreme Court Act
30 1986; or
(b) a person appointed under section 17A
of the County Court Act 1958;
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Australian lawyer has the same meaning as in the
Legal Profession Act 2004;
Board means the Board of the Commission
established under section 8;
5 Commission means the Judicial Commission of
Victoria established under section 4;
complaint means a complaint made under
section 28;
head of jurisdiction means--
10 (a) in relation to the Supreme Court, the
Chief Justice; or
(b) in relation to the County Court, the
Chief Judge; or
(c) in relation to the Magistrates' Court, the
15 Chief Magistrate; or
(d) in relation to the Children's Court, the
President of the Children's Court; or
(e) in relation to the Coroners Court, the
State Coroner; or
20 (f) in relation to VCAT, the President
of VCAT;
health request means a request made under
section 39;
investigating panel means a panel established by
25 the Commission under section 79;
investigator means a person appointed by the
Commission under section 109;
judicial officer means--
(a) a Judge of the Supreme Court; or
30 (b) an Associate Judge of the Supreme
Court; or
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(c) an acting Judge of the Supreme Court;
or
(d) a judge of the County Court; or
(e) an associate judge of the County Court;
5 or
(f) an acting judge of the County Court; or
(g) a magistrate of the Magistrates' Court;
or
(h) an acting magistrate of the Magistrates'
10 Court; or
(i) an acting coroner;
judicial registrar means a judicial registrar of the
Supreme Court, the County Court, the
Magistrates' Court, the Children's Court or
15 the Coroners Court;
medical examination means--
(a) a physical, psychological, psychiatric or
other medical examination; and
(b) any medical test requested by a
20 registered medical practitioner under
this Act;
medical test includes diagnostic imaging and any
test that requires the officer to provide blood,
bodily fluids or human tissue;
25 member, in relation to VCAT, has the same
meaning as in section 3 of the Victorian
Civil and Administrative Tribunal
Act 1998;
official committee means a committee established
30 by the Commission under section 111;
official member means a person who is an official
member of the Board under section 8(3);
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Part 4 referral means a referral by the Attorney-
General or a referral by the head of
jurisdiction;
referral by the Attorney-General means a referral
5 under section 30;
referral by the head of jurisdiction means a
referral under section 29;
registered medical practitioner means a person
registered under the Health Practitioner
10 Regulation National Law to practise in the
medical profession (other than a student);
relevant authority means--
(a) in relation to the Chief Judge, the Chief
Magistrate, the President of VCAT, the
15 President of the Children's Court or the
State Coroner, the official members
other than the person who is the subject
of the complaint, Part 4 referral or
health request;
20 (b) in relation to a judicial officer of the
Supreme Court not referred to in
paragraph (a), the Chief Justice, even if
the judicial officer has been appointed
or assigned to act in any other court or
25 VCAT;
(c) in relation to a judicial officer of the
County Court not referred to in
paragraph (a), the Chief Judge, even if
the judicial officer has been appointed
30 or assigned to act in any other court or
VCAT;
(d) in relation to a judicial officer of the
Magistrates' Court not referred to in
paragraph (a), the Chief Magistrate,
35 even if the judicial officer has been
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appointed or assigned to act in any
other court or VCAT;
(e) in relation to a judicial officer not
referred to in paragraph (a) who is an
5 acting coroner, the State Coroner;
(f) in relation to a judicial registrar, the
relevant head of jurisdiction of the
judicial registrar;
(g) in relation to a VCAT officer, the
10 President of VCAT;
relevant head of jurisdiction means--
(a) in relation to a Judge, an acting Judge,
Associate Judge or judicial registrar of
the Supreme Court, the Chief Justice;
15 (b) in relation to a judge, acting judge,
associate judge or judicial registrar of
the County Court, the Chief Judge;
(c) in relation to a magistrate, an acting
magistrate or a judicial registrar of the
20 Magistrates' Court, the Chief
Magistrate;
(d) in relation to a magistrate or an acting
magistrate who has been appointed or
assigned to the Children's Court, the
25 Chief Magistrate and includes the
President of the Children's Court if the
President elects under section 51(1) to
be a relevant head of jurisdiction in
respect of the magistrate or acting
30 magistrate;
(e) in relation to a judicial registrar of the
Children's Court, the President of the
Children's Court;
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(f) in relation to a magistrate or an acting
magistrate who has been appointed or
assigned to the Coroners Court, the
Chief Magistrate and includes the State
5 Coroner if the State Coroner elects
under section 51(2) to be a relevant
head of jurisdiction in respect of the
magistrate or acting magistrate;
(g) in relation to a judicial registrar of the
10 Coroners Court or an acting coroner,
the State Coroner;
(h) in relation to a member of VCAT--
(i) who is a judge or acting judge of
the County Court, the Chief Judge
15 and includes the President of
VCAT if the President of VCAT
elects under section 51(3) to be a
relevant head of jurisdiction in
respect of the member;
20 (ii) who is a not a Judge or acting
Judge of the Supreme Court or a
judge or acting judge of the
County Court, the President of
VCAT;
25 Note
Section 50 provides that, if the head of jurisdiction is
the subject of a complaint, Part 4 referral or health
request, the Commission may nominate a person to
act as the relevant head of jurisdiction for certain
30 purposes under the Act.
VCAT officer means a member of VCAT who is
not a judicial officer;
vexatious complainant means a person in respect
of whom a declaration under section 52 is in
35 force or a person who is declared by order
under section 21 of the Supreme Court Act
1986 to be a vexatious litigant.
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(2) In this Act--
(a) a reference to a function includes a reference
to a power and a duty; and
(b) a reference to the exercise of a function
5 includes, where the function is a duty, a
reference to the performance of the duty; and
(c) a reference to the functions of a judicial
officer, judicial registrar or VCAT officer
includes a reference to any functions of the
10 officer in any capacity in which the officer is
appointed or assigned including the
following--
(i) in the case of an appointment as head of
jurisdiction, the functions as head of
15 jurisdiction;
(ii) in the case of an appointment or
assignment of a judicial officer to
another court or tribunal, any functions
as a member of that court or tribunal;
20 and
(d) a reference to an officer includes a reference
to a judicial registrar.
__________________
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Part 2--Judicial Commission of Victoria
s. 4
PART 2--JUDICIAL COMMISSION OF VICTORIA
Division 1--Establishment of the Commission
4 Establishment of Judicial Commission of Victoria
(1) The Judicial Commission of Victoria is
5 established.
(2) The Commission--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
10 (c) may sue and be sued in its corporate name;
(d) subject to section 6, may acquire, hold and
dispose of personal property;
(e) subject to this Act, may do and suffer all acts
and things that a body corporate may by law
15 do and suffer.
(3) The official seal of the Commission must be kept
as directed by the Commission and must not be
used except as authorised by the Commission.
5 Functions of the Commission
20 (1) The Commission has the following functions--
(a) to provide professional development services
for judicial officers, judicial registrars and
VCAT officers;
(b) to provide education and training services for
25 judicial officers, judicial registrars and
VCAT officers;
(c) to provide programs for the well-being of
judicial officers, judicial registrars and
VCAT officers;
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(d) to produce and maintain publications relating
to the exercise of the functions of judicial
officers, judicial registrars and VCAT
officers;
5 (e) to provide (at the discretion of the
Commission and on a fee for service basis)
judicial professional development services,
or continuing judicial education and training
services, to persons who are not judicial
10 officers, judicial registrars or VCAT officers;
(f) to carry out functions in relation to
complaints, Part 4 referrals and health
requests in respect of judicial officers,
judicial registrars and VCAT officers.
15 (2) The Commission may be constituted by two
divisions to carry out its functions--
(a) one division is to exercise the functions of
the Commission under subsection (1)(a), (b),
(c), (d) and (e); and
20 (b) one division is to exercise the functions of
the Commission under subsection (1)(f).
(3) The Commission has power to do all things
necessary or convenient to be done for, or in
connection with, exercising its functions.
25 6 Powers of the Commission
(1) Despite section 4(2)(d), the Commission must
not, without the prior written approval of the
Attorney-General--
(a) acquire any personal property, right or
30 privilege for a consideration of more than the
maximum monetary limit; or
(b) dispose of any personal property, right or
privilege that has a value, or for a
consideration, of more than the maximum
35 monetary limit.
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(2) In this section, maximum monetary limit
means--
(a) $100 000; or
(b) if a higher amount has been prescribed by
5 regulation, that higher amount.
7 Delegation of functions
(1) Except as provided in subsection (3), the
Commission may delegate any of its functions
in writing to--
10 (a) a member of the Board; or
(b) a committee consisting of members of the
Board; or
(c) the Chief Executive Officer of the
Commission; or
15 (d) a person employed under Part 3 of the
Public Administration Act 2004 to assist
the Commission in the exercise of its
functions.
(2) The Commission may delegate any of its
20 functions under Part 4, 6 or 7 in relation to a
judicial registrar or VCAT officer to an official
committee.
(3) Except as provided in subsection (2), the
following functions must not be delegated--
25 (a) the power to delegate under this section;
(b) the power to issue guidelines under
section 22;
(c) the power to dismiss a complaint or Part 4
referral under section 36;
30 (d) the power to refer a complaint, Part 4 referral
or health request to a relevant head of
jurisdiction, an investigating panel or an
investigator;
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(e) the power to dismiss a health request under
section 39;
(f) the power to request a judicial officer,
judicial registrar or VCAT officer to undergo
5 a medical examination;
(g) any other function prescribed for the
purposes of this section.
Division 2--Board of the Commission
8 The Board and its membership
10 (1) The Commission must have a governing body
called a Board to be responsible for the
management of the affairs of the Commission
and to exercise the functions of the Commission.
(2) The Board consists of--
15 (a) 6 official members; and
(b) 4 members appointed by the Governor in
Council on the recommendation of the
Attorney-General.
(3) The official members are--
20 (a) the Chief Justice;
(b) the Chief Judge;
(c) the Chief Magistrate;
(d) the President of the Children's Court;
(e) the State Coroner;
25 (f) the President of VCAT.
(4) The Attorney-General must consult with the Chief
Justice before making a recommendation to the
Governor in Council under subsection (2)(b).
(5) Service by a judge or magistrate as an official
30 member is taken to be service as a judge or
magistrate, as the case requires.
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9 Appointed members
(1) A person is eligible for appointment as an
appointed member if he or she--
(a) is not and has not been--
5 (i) a judicial officer; or
(ii) a judicial registrar or VCAT officer; or
(iii) a judge, magistrate or other officer
performing judicial functions of a court
of the Commonwealth or a State or
10 Territory; and
(b) is, in the opinion of the Attorney-General, a
person of high standing in the community.
(2) Two of the appointed members must be persons
who have expertise in organisational development
15 or the delivery of education services.
(3) The remaining two appointed members must not
be Australian lawyers.
10 Conditions of appointment
(1) An appointed member holds office as a member
20 of the Board--
(a) subject to the terms specified in his or her
instrument of appointment; and
(b) for the period, not exceeding 5 years,
specified in his or her instrument of
25 appointment.
(2) An appointed member is eligible for
re-appointment, but must not hold office as a
member of the Board for a period exceeding
10 years.
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(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an appointed member
in respect of the office of the appointed member.
11 Resignation or removal of appointed members
5 (1) An appointed member may resign from his or her
office as a member of the Board by giving written
notice to the Governor in Council.
(2) The Governor in Council may remove an
appointed member from his or her office as a
10 member of the Board if--
(a) the appointed member is found guilty or
convicted of an indictable offence or an
offence that, if committed in Victoria,
would be an indictable offence; or
15 (b) the Attorney-General recommends to the
Governor in Council that the appointed
member be removed because the Attorney-
General is of the opinion that the appointed
member--
20 (i) is mentally or physically incapable of
satisfactorily carrying out his or her
functions as a member of the Board; or
(ii) is guilty of improper conduct in
carrying out his or her functions as a
25 member of the Board; or
(iii) has failed to attend 3 consecutive
meetings of the Board without a
reasonable excuse; or
(iv) has otherwise engaged in improper
30 conduct of a nature or seriousness that
is incompatible with the person
continuing to hold office as a member
of the Board; or
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(c) the appointed member becomes insolvent
under administration.
(3) If the Governor in Council removes an appointed
member under this section, the Attorney-General
5 must cause the removal to be reported to both
Houses of the Parliament.
12 Alternate official members
(1) An official member may, by written instrument,
appoint a person to be the official member's
10 alternate member of the Board.
(2) A person appointed under this section must be--
(a) if the official member is a head of
jurisdiction of a court, a judge or magistrate
from the same court as the official member;
15 or
(b) if the official member is the President of
VCAT, a Vice-President or Deputy President
of VCAT.
(3) The official member must notify the Commission
20 of the appointment of his or her alternate member.
(4) An appointment under this section may be
revoked at any time by the official member who
made the appointment.
13 Alternate appointed members
25 (1) The Governor in Council may, on the nomination
of the Attorney-General, appoint a person to be an
appointed member's alternate member of the
Board.
(2) An appointment under this section may be
30 revoked at any time by the Governor in Council.
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14 Appointment and functions of alternate members
(1) An appointment of an alternate member
under section 12 must not be made and the
Attorney-General must not nominate a member
5 under section 13 unless--
(a) the person who is to be appointed or
nominated consents to the appointment; and
(b) the appointment is for a period not exceeding
6 months that is specified in the person's
10 instrument of appointment.
(2) An appointment of an alternate member under
section 12 or 13 may be renewed subject to the
conditions specified in subsection (1).
(3) During the absence of a member of the Board, if
15 there is no person exercising the functions of the
member, the member's alternate--
(a) may act in the place of the member; and
(b) while acting, is taken to be a member of the
Board; and
20 (c) may exercise the functions of the member on
whose behalf he or she acts.
(4) Despite subsection (3), a member's alternate must
not act during the absence of the member under
section 15.
25 15 Official member must not act if subject of complaint
An official member who is the subject of a
complaint, Part 4 referral or health request must
not perform his or her functions as a member of
the Board to the extent that the exercise of those
30 functions relates to the consideration of the
complaint, Part 4 referral or health request.
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16 Meetings
(1) The chairperson of the Board must preside at a
meeting of the Board.
(2) The chairperson is--
5 (a) the Chief Justice; or
(b) in his or her absence and the absence of any
alternate member of the Chief Justice, the
person determined at the meeting by a
majority of votes of the members present at
10 the meeting.
(3) The quorum for a meeting of the Board is a
majority of the members.
(4) A question arising at a meeting of the Board is
determined by a majority of the votes of the
15 members present and voting on the decision.
(5) The chairperson has a deliberative vote and, in the
event of an equality of votes on any question, a
second or casting vote.
(6) A member of the Board may participate in a
20 meeting by telephone, video conference or any
similar means of communication.
17 Resolutions without meetings of the Board
(1) If all of the members for the time being of the
Board approve a document circulated by, or on
25 behalf of, the chairperson containing a statement
that those members are in favour of a resolution in
terms set out in the document, a resolution in
those terms must be taken to have been passed at a
meeting of the Board--
30 (a) held on the day on which the document is
approved; or
(b) if the members do not approve it on the same
day, on the day on which the last member to
approve approves the document.
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(2) If a resolution is taken to have been passed at a
meeting of the Board under subsection (1), each
member must--
(a) be advised as soon as practicable; and
5 (b) be given a copy of the terms of the
resolution.
(3) For the purposes of subsection (1), two or more
separate documents containing a statement in
identical terms, each of which is approved by one
10 or more members, are to be taken to constitute one
document.
18 Validity of acts and decisions of the Commission
(1) An act or decision of the Commission is not
invalid merely because of--
15 (a) a defect or irregularity in, or in connection
with, the appointment of a member or
alternate member of the Board; or
(b) a defect or irregularity in, or in connection
with, the constitution of the Board; or
20 (c) a defect or irregularity in, or in connection
with, a complaint, Part 4 referral or health
request; or
(d) a defect or irregularity in, or in connection
with, a delegation to the person or body who
25 committed the act or made the decision as a
delegate of the Commission.
(2) The Commission may correct any record of an act
or a decision that contains--
(a) a clerical mistake; or
30 (b) an error arising from an accidental slip or
omission; or
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(c) a material mistake in the description of any
person, thing or matter referred to in the
decision; or
(d) a defect of form.
5 (3) In this section, an act or decision includes the
holding of an opinion or a referral by the
Commission.
Division 3--Chief Executive Officer and staff of Commission
19 The office of the Commission
10 (1) For the purposes of this Act and to assist in the
administration of the Commission--
(a) there is to be appointed by the Governor in
Council under section 20(1) a Chief
Executive Officer who is responsible for the
15 administration of the Commission; and
(b) there are to be employed under Part 3 of the
Public Administration Act 2004 as many
employees that are necessary to assist the
Commission in the performance of its
20 functions under this Act.
(2) There is to be an office of the Commission that
is to consist of the Chief Executive Officer and
the staff employed in accordance with
subsection (1).
25 (3) Despite any provision of the Public
Administration Act 2004 to the contrary--
(a) the office of the Commission is taken to be
an Administrative Office in relation to the
Department of Justice for the purposes of
30 that Act; and
(b) the Chief Executive Officer is taken to be an
Administrative Office Head of the office of
the Commission for the purposes of that Act.
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20 Chief Executive Officer
(1) The Governor in Council may appoint a Chief
Executive Officer on the recommendation of the
Attorney-General.
5 (2) A person is not eligible to be appointed as a Chief
Executive Officer if he or she is or has been--
(a) a judicial officer; or
(b) a judicial registrar or VCAT officer; or
(c) a judge, magistrate or other officer
10 performing judicial functions of a court of
the Commonwealth or a State or Territory.
(3) The Chief Executive Officer is to be appointed
subject to the terms and conditions that are fixed
by the Governor in Council on the
15 recommendation of the Attorney-General.
(4) The appointment of the Chief Executive Officer is
for the term, not exceeding 5 years, specified in
the instrument of appointment and a person
appointed is eligible for re-appointment.
20 (5) The office of Chief Executive Officer becomes
vacant if the Chief Executive Officer--
(a) becomes insolvent under administration; or
(b) is found guilty or convicted of an indictable
offence or an offence that, if committed in
25 Victoria, would be an indictable offence; or
(c) resigns by writing delivered to the Governor
in Council; or
(d) is removed from office under subsection (6).
(6) The Governor in Council may remove the Chief
30 Executive Officer from office on the
recommendation of the Attorney-General.
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(7) The Attorney-General must consult with the
Commission before making a recommendation to
the Governor in Council under subsection (1)
or (6).
5 21 Acting Chief Executive Officer
(1) The Governor in Council may appoint an Acting
Chief Executive Officer on the recommendation
of the Attorney-General.
(2) The Acting Chief Executive Officer may act
10 during a vacancy in the office of the Chief
Executive Officer or during a period or all periods
when the Chief Executive Officer is absent from
duty or, for any other reason, is unable to exercise
the functions of office.
15 (3) The appointment of an Acting Chief Executive
Officer is for the term, not exceeding 6 months,
specified in the instrument of appointment and
a person appointed to act is eligible for
re-appointment.
20 (4) The Acting Chief Executive Officer--
(a) has all the functions of the Chief Executive
Officer; and
(b) is entitled to be paid the remuneration and
allowances that the Chief Executive Officer
25 would have been entitled to for exercising
those functions.
(5) The Governor in Council may remove the Acting
Chief Executive Officer from office on the
recommendation of the Attorney-General.
30 (6) The Attorney-General must consult with the
Commission before making a recommendation to
the Governor in Council under subsection (1)
or (5).
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Division 4--Guidelines and reports
22 Guidelines
(1) The Commission may approve guidelines about--
(a) the exercise of functions under this Act or
5 any regulations made under this Act by the
Commission, the Board, an investigating
panel, an official committee or an
investigator in respect of complaints, Part 4
referrals or health requests; and
10 (b) general standards of appropriate conduct by
judicial officers, judicial registrars and
VCAT officers; and
(c) any other matter that the Commission
considers appropriate.
15 (2) The Commission must ensure that guidelines
made under subsection (1) are published on an
Internet site maintained by the Commission.
(3) The Commission must ensure that guidelines are
not inconsistent with this Act or any regulations
20 made under this Act.
(4) If the guidelines become inconsistent with the Act
or regulations, the Act or regulations prevail.
23 Annual report of the Commission
(1) The Commission must include the following
25 information in its report of operations under Part 7
of the Financial Management Act 1994 each
year--
(a) in relation to the education functions of the
Commission, details of--
30 (i) the training and continuing education
programs provided by the Commission;
and
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(ii) the professional development services
provided by the Commission; and
(iii) the publications produced by the
Commission; and
5 (b) in relation to the complaint, Part 4 referral or
health request functions of the Commission,
details of--
(i) the number of complaints, Part 4
referrals or health requests received;
10 and
(ii) the time taken to finalise complaints,
Part 4 referrals or health requests; and
(iii) the number of complaints, Part 4
referrals or health requests dismissed;
15 and
(iv) if complaints, Part 4 referrals or health
requests were dismissed summarily, the
grounds on which they were dismissed;
and
20 (v) the number of complaints, Part 4
referrals or health requests referred by
the Commission to a head of
jurisdiction, an investigating panel or
an investigator; and
25 (vi) the number of complaints or Part 4
referrals considered by an official
committee as a delegate of the
Commission; and
(vii) the number of complaints or Part 4
30 referrals substantiated by the
Commission, an investigating panel or
an investigator; and
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(viii) an analysis of the nature and scope of
complaints, Part 4 referrals or health
requests made or disposed of during the
year; and
5 (c) any other matters prescribed by the
regulations.
(2) As soon as practicable in each year but not later
than 31 October, the Commission must submit to
the Governor a report setting out the matters in
10 subsection (1).
24 Reports on Commission's educational functions
(1) The Attorney-General may request the
Commission to report to the Attorney-General,
within the reasonable time specified by the
15 Attorney-General, on any matter relevant to the
exercise of the Commission's educational
functions under section 5(1)(a), (b), (c), (d) or (e).
(2) The Commission must comply with a request
under subsection (1) within the specified time.
20 (3) The Attorney-General must cause a copy of a
report requested by him or her to be laid before
each House of Parliament within 7 sitting days
after receiving the report.
(4) The Commission may make any other reports to
25 the Attorney-General it thinks desirable on any
matter relevant to the performance of the
Commission's functions.
(5) The Commission must specify in a report under
subsection (4) whether it requires the report to be
30 laid before Parliament and, if it does so require,
the Attorney-General must cause a copy of the
report to be laid before each House of Parliament
within 7 sitting days after receiving the report.
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25 Reports of Chief Executive Officer
The Chief Executive Officer may make any
reports to the Attorney-General that he or she
thinks necessary or desirable on any matter
5 relevant to the performance of the Commission's
functions.
__________________
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PART 3--JUDICIAL EDUCATION FUNCTIONS
26 Educational functions of the Commission
In performing its functions under section 5(1)(a),
(b), (c), (d) or (e), the Commission must, to the
5 extent that it is reasonably necessary--
(a) consult with judicial officers, judicial
registrars and VCAT officers about the
nature and extent of any professional
development and continuing education and
10 training services provided by the
Commission;
(b) consider and address the specific needs of
particular classes of judicial officers, judicial
registrars and VCAT officers;
15 (c) in respect of newly appointed judicial
officers, judicial registrars and VCAT
officers--
(i) identify the training and development
needs of individuals; and
20 (ii) provide intensive orientation; and
(iii) provide professional development in
core judicial competencies for a period
of two years following an officer's
appointment;
25 . (d) provide each judicial officer, judicial
registrar and VCAT officer the opportunity
to participate in a continuing professional
development scheme;
(e) have regard to any other matters that appear
30 to the Commission to be relevant.
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27 Educational division of the Commission
The Division established to exercise the
educational functions of the Commission under
section 5(1)(a), (b), (c), (d) or (e) is to be known
5 by any name that is determined by the
Commission.
__________________
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PART 4--INVESTIGATIONS BY THE COMMISSION
Division 1--Making of complaints and Part 4 referrals
28 Complaints by the public
A person may make a complaint to the
5 Commission about--
(a) any conduct of a judicial officer whether or
not the conduct was in the course of that
officer carrying out his or her functions as a
judicial officer;
10 (b) any conduct of a judicial registrar whether or
not the conduct was in the course of that
officer carrying out his or her functions as a
judicial registrar;
(c) any conduct of a VCAT officer whether or
15 not the conduct was in the course of that
officer carrying out his or her functions as a
VCAT officer;
(d) the capacity of a judicial officer to carry out
his or her functions as a judicial officer;
20 (e) the capacity of a judicial registrar to carry
out his or her functions as a judicial registrar;
(f) the capacity of a VCAT officer to carry out
his or her functions as a VCAT officer.
29 Referrals by head of jurisdiction
25 (1) A head of jurisdiction of a court may refer to the
Commission a matter about--
(a) any conduct of a judicial officer of the court
of that head of jurisdiction whether or not the
conduct was in the course of that officer
30 carrying out his or her functions as a judicial
officer;
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(b) the capacity of a judicial officer of the court
of that head of jurisdiction to carry out his or
her functions as a judicial officer.
(2) A head of jurisdiction of a court may refer to the
5 Commission a matter about--
(a) any conduct of a judicial registrar of the
court of that head of jurisdiction whether or
not the conduct was in the course of that
registrar carrying out his or her functions as
10 a judicial registrar;
(b) the capacity of a judicial registrar of the
court of that head of jurisdiction to carry out
his or her functions as a judicial registrar.
(3) The President of VCAT may refer to the
15 Commission a matter about--
(a) any conduct of a judicial officer who is a
member of VCAT whether or not the
conduct was in the course of that officer
carrying out his or her functions as a judicial
20 officer;
(b) the capacity of a judicial officer who is a
member of VCAT to carry out his or her
functions as a judicial officer.
(4) The President of VCAT may refer to the
25 Commission a matter about--
(a) any conduct of a VCAT officer whether or
not the conduct was in the course of that
officer carrying out his or her functions as a
VCAT officer;
30 (b) the capacity of a VCAT officer to carry out
his or her functions as a VCAT officer.
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30 Referrals by the Attorney-General
The Attorney-General may refer to the
Commission a matter about--
(a) any conduct of a judicial officer whether or
5 not the conduct was in the course of that
officer carrying out his or her functions as a
judicial officer;
(b) any conduct of a judicial registrar whether or
not the conduct was in the course of that
10 officer carrying out his or her functions as a
judicial registrar;
(c) any conduct of a VCAT officer whether or
not the conduct was in the course of that
officer carrying out his or her functions as a
15 VCAT officer;
(d) the capacity of a judicial officer to carry out
his or her functions as a judicial officer;
(e) the capacity of a judicial registrar to carry
out his or her functions as a judicial registrar;
20 (f) the capacity of a VCAT officer to carry out
his or her functions as a VCAT officer.
31 Procedure for making complaint or referral
A complaint or Part 4 referral must--
(a) be made in the prescribed manner; and
25 (b) contain the prescribed information.
32 Complaint or Part 4 referral may be made despite
other proceedings
A complaint or Part 4 referral may be made under
this Division even though the matter is or has
30 been--
(a) the subject of an investigation by the police
or any other law enforcement or regulatory
body; or
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(b) the subject of proceedings in any court or
tribunal in Australia.
33 Request for further information
(1) The Commission may request a person who has
5 made a complaint--
(a) to give further information about the
complaint or produce any document relevant
to the complaint;
(b) to verify the complaint or any further
10 information or document provided under
paragraph (a)--
(i) by statutory declaration; or
(ii) in another manner specified by the
Commission.
15 (2) The Commission may request a person who has
made a Part 4 referral to give further information
about the Part 4 referral or produce any document
relevant to the Part 4 referral.
(3) A request for verification, further information or
20 to produce a document under subsection (1) or (2)
must be given in writing and allow a reasonable
time for compliance.
34 Withdrawal of a complaint or referral
(1) A person who made a complaint or Part 4
25 referral may seek to withdraw the complaint or
referral if--
(a) the complaint or referral has not been
dismissed under section 36; and
(b) the complaint or Part 4 referral has not been
30 referred by the Commission to an
investigating panel, an investigator or the
relevant head of jurisdiction.
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(2) On a person seeking to withdraw a complaint or
Part 4 referral under subsection (1), the
Commission must either--
(a) dismiss the complaint or referral without
5 causing the complaint or referral to be
investigated or further investigated; or
(b) decide to continue the investigation, despite
the person seeking to withdraw the
complaint.
10 Division 2--Commencement of investigation
35 Duty of Commission to investigate
(1) The Commission must cause to be investigated
any complaint or Part 4 referral made to the
Commission under this Part.
15 (2) Despite section 31--
(a) the Commission may cause a complaint or
Part 4 referral to be investigated even though
the complainant or person making the
referral has failed to substantially comply
20 with the procedure or requirements for
making the complaint or Part 4 referral; and
(b) any investigation of the complaint or Part 4
referral by the Commission and any act or
decision made as a result of the investigation
25 is not affected by the failure to substantially
comply with the requirements or procedure.
36 Dismissal of complaint or Part 4 referral without
investigation
(1) Despite the requirements of section 35, the
30 Commission must dismiss a complaint or Part 4
referral in relation to a judicial officer, judicial
registrar or VCAT officer without causing the
complaint or referral to be investigated or further
investigated if--
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(a) the complaint or referral relates to conduct of
the officer alleged to have taken place before
the officer was appointed as a judicial
officer, judicial registrar or VCAT officer
5 being conduct--
(i) that would not justify removal of the
officer from his or her office; or
(ii) that was disclosed in writing to the
person appointing the officer or to the
10 Attorney-General before the time of the
officer's appointment; or
(b) the complaint or Part 4 referral is about a
matter that relates directly to the merits or
lawfulness of a decision or procedural ruling
15 made by the officer; or
(c) the complaint or Part 4 referral is about a
matter that relates to the private life of the
officer and could not be considered to affect
or have affected--
20 (i) the exercise of the officer's functions;
or
(ii) the suitability of the officer to hold
office as a judicial officer, judicial
registrar or VCAT officer; or
25 (d) the complaint is frivolous, vexatious or not
made in good faith or is made by a vexatious
complainant; or
(e) the officer is not at the time of the
investigation of the complaint or Part 4
30 referral, a judicial officer, judicial registrar
or VCAT officer; or
(f) the Commission is satisfied that the matter
complained about or referred under Part 4
occurred at too remote a time to justify
35 further consideration; or
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(g) the Commission is satisfied that, having
regard to all the circumstances of the case,
investigation or further investigation of the
complaint or Part 4 referral is unnecessary or
5 unjustified.
(2) Despite subsection (1)(e), the Commission may
continue an investigation into a complaint or
Part 4 referral in respect of a person who is, at the
time of the investigation, no longer a judicial
10 officer, judicial registrar or VCAT officer, if the
person consents to the continuation of the
investigation.
(3) The Commission may dismiss a complaint under
subsection (1) or continue an investigation under
15 subsection (2) having regard to a summary of the
facts or circumstances set out in a report given to
the Commission with the authority of the Chief
Executive Officer.
(4) This section applies to a part of a complaint or
20 Part 4 referral in relation to an officer to the extent
that the part relates to a complaint or Part 4
referral that must be dismissed under
subsection (1).
37 Written notice of decision
25 If the Commission dismisses a complaint or Part 4
referral under section 36(1), the Commission must
give the officer, the head of jurisdiction for each
court or tribunal to which the officer is appointed
or assigned and the complainant (if any) written
30 notice--
(a) setting out the decision of the Commission;
and
(b) stating why the Commission made the
decision.
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38 Investigation of complaint or Part 4 referral
(1) If the Commission decides that it will not dismiss
a complaint or Part 4 referral under section 36, the
Commission must decide to proceed with an
5 investigation under this Act.
(2) Before making a decision under subsection (1) to
proceed with an investigation, the Commission
must give the officer a notice as to the making of
the complaint or Part 4 referral that--
10 (a) specifies the grounds on which the complaint
or Part 4 referral has been made; and
(b) gives the judicial officer, judicial registrar or
VCAT officer an opportunity to make
written submissions as to why the complaint
15 or referral should be dismissed; and
(c) specifies the time within which submissions
must be made which must not be less than
21 days from the date of the notice.
(3) In making a decision under subsection (1), the
20 Commission must have regard to any submission
made within the time specified in the notice under
subsection (2).
(4) On making a decision under subsection (1) to
proceed with an investigation, the Commission
25 must give the officer who is the subject of the
complaint or Part 4 referral and the head of
jurisdiction for each court or tribunal to which the
officer is appointed or assigned written notice
setting out the decision of the Commission.
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Division 3--Health requests
39 Health request
(1) If the Attorney-General or the head of jurisdiction
of a court or tribunal to which a judicial officer,
5 judicial registrar or VCAT officer is appointed or
assigned is of the opinion that the officer may be
suffering from an impairment, disability, illness or
condition that may significantly affect the officer's
performance of his or her functions as a judicial
10 officer, judicial registrar or VCAT officer, the
Attorney-General or the head of jurisdiction may
request that the Commission investigate the matter
and, if necessary, require the officer to undergo a
medical examination.
15 (2) On receipt of a request by the Attorney-General or
a head of jurisdiction under subsection (1), the
Commission must cause the matter to be
investigated and determine whether the officer
should be required to undergo a medical
20 examination by a registered medical practitioner.
(3) The Commission must not require an officer to
undergo a medical examination unless the
Commission has--
(a) provided notice to the officer containing a
25 copy of the request from the Attorney-
General or a relevant head of jurisdiction to
the officer with advice that the officer may
make comments to the Commission about
the requirement to undergo the medical
30 examination within 21 days from the date of
the notice; and
(b) considered any comments by the officer
made within 21 days from the date of the
notice.
35
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(4) If the Commission determines that it is not
appropriate in the circumstances to require an
officer to undergo a medical examination, the
Commission must dismiss the request.
5 40 Requests to undergo medical examinations or
provide reports
(1) If the Commission determines under section 39
that it is appropriate in the circumstances to
require an officer to undergo a medical
10 examination, the Commission may request the
officer to--
(a) undergo a medical examination by a
registered medical practitioner; and
(b) provide copies of reports of any medical
15 examinations or medical tests relating to the
officer that are relevant.
(2) A request under subsection (1)(a) must specify--
(a) the nature of the examination; and
(b) details of who will conduct the examination;
20 and
(c) when the examination must occur.
(3) If the Commission makes a request under
subsection (1), the Commission must give a notice
of the decision to the head of jurisdiction of each
25 court or tribunal to which the officer is appointed
or assigned.
41 Refusal of officer to undergo medical examination
or provide reports
(1) If the Commission requests an officer to undergo
30 a medical examination or provide reports under
section 40, the officer must undergo the medical
examination or provide the reports.
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(2) If the Commission requests an officer to undergo
a medical examination or provide reports under
section 40 and the officer, without reasonable
excuse, refuses or fails to undergo the medical
5 examination or provide the reports, the
Commission may treat the request from the
Attorney-General or the head of jurisdiction under
section 39 that led to the failure or refusal as a
Part 4 referral.
10 42 Conduct of medical examination
(1) The registered medical practitioner conducting a
medical examination requested under section 40--
(a) may request the officer to provide a report of
any other medical examination or medical
15 test that is in the officer's possession or
control and is relevant to the investigation;
and
(b) if the registered medical practitioner
considers it necessary, may request the
20 officer to undergo a medical test or any
other medical examination by the registered
medical practitioner or by any other
registered medical practitioner.
(2) If the registered medical practitioner requests an
25 officer to provide a report or undergo any medical
examination under subsection (1), the officer must
provide the report or undergo the medical
examination.
(3) If the officer, without reasonable excuse, refuses
30 or fails to provide the report or refuses to undergo
the medical examination, the Commission may
treat the request from the Attorney-General or the
head of jurisdiction under section 39 that led to
the failure or refusal as a Part 4 referral.
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43 Reports and submissions after medical examination
(1) A registered medical practitioner who conducts a
medical examination requested under section 40
must forward to the Commission a report that
5 sets out--
(a) the results of any medical examination
conducted under this Division; and
(b) the medical practitioner's opinion as to
whether the officer has an impairment,
10 disability, illness or condition that may
significantly affect the performance of the
officer's functions; and
(c) any recommendations of the medical
practitioner in connection with the
15 impairment, disability, illness or condition.
(2) If a judicial officer, judicial registrar or VCAT
officer undergoes a medical examination under
this Division, the Commission must provide the
officer with a written notice that--
20 (a) contains the report provided by the medical
practitioner under subsection (1); and
(b) states whether or not the Commission is
considering whether the officer is suffering
from an impairment, disability, illness or
25 condition that significantly affects the
performance of the officer's functions; and
(c) states that the officer may make written
submissions to the Commission or provide
another medical report to the Commission
30 within a period specified in the notice which
must not be less than 21 days from the date
of the notice.
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44 Outcome of medical examination
(1) If a judicial officer, judicial registrar or VCAT
officer undergoes a medical examination under
this Division, the Commission must have
5 regard to--
(a) the report provided by the medical
practitioner under section 43(1); and
(b) any further reports or submissions provided
by the officer under section 43 within the
10 time period specified by the Commission.
(2) If the Commission is of the opinion that a judicial
officer, judicial registrar or VCAT officer has an
impairment, disability, illness or condition that
may significantly affect the performance of the
15 officer's functions, the Commission may--
(a) refer the matter to the relevant head of
jurisdiction with a copy of the reports and
submissions referred to in subsection (1); or
(b) in the case of a judicial officer, refer the
20 matter to an investigating panel if the
Commission is satisfied that there are
reasonable grounds for the panel to
investigate whether facts exist that could
amount to proved incapacity of the judicial
25 officer that would warrant the removal of
that judicial officer from office with a copy
of the reports and submissions referred to in
subsection (1); or
(c) in the case of a judicial registrar or VCAT
30 officer, refer the matter to an investigator if
the Commission is satisfied that there are
reasonable grounds for the investigator to
investigate whether facts exist that could
amount to proved incapacity of the officer
35 that would warrant the removal of that
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officer from office with a copy of the reports
and submissions referred to in subsection (1).
(3) If the Commission refers a matter to the relevant
head of jurisdiction under subsection (2)(a), the
5 Commission may make recommendations to the
relevant head of jurisdiction about how to deal
with the matter.
(4) If the Commission makes recommendations under
subsection (3), the relevant head of jurisdiction
10 must--
(a) have regard to the recommendations; and
(b) advise the Commission--
(i) whether the relevant head of
jurisdiction has implemented a
15 recommendation made under
subsection (3);
(ii) if a recommendation has been
implemented, the extent of the
implementation;
20 (iii) if a recommendation has not been
implemented, details of how the head
of jurisdiction has responded to the
recommendation.
(5) If the Commission refers a matter to an
25 investigating panel under subsection (2)(b), the
referral is to be treated as though it were a Part 4
referral for the purposes of Divisions 2, 4 and 5 of
Part 5 and Part 7, and the provisions of those
Divisions and that Part apply to the referral with
30 any modifications that are necessary.
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(6) If the Commission refers a matter to an
investigator under subsection (2)(c), the referral is
to be treated as though it were a Part 4 referral for
the purposes of Divisions 2, 4 and 5 of Part 6 and
5 Part 7 and the provisions of those Divisions and
that Part apply to the referral with any
modifications that are necessary.
(7) If the Commission is of the opinion that the
officer does not have an impairment, disability,
10 illness or condition that significantly affects the
performance of the officer's functions, the
Commission must dismiss the matter.
45 Reports to Attorney-General or head of jurisdiction
(1) If the Attorney-General has made a health
15 request, the Commission must notify the
Attorney-General--
(a) as to whether the Commission determined
that the request should be dismissed and the
reasons for the determination; and
20 (b) if the matter was referred to a head of
jurisdiction, an investigating panel or
investigator, of that referral; and
(c) of any findings or recommendations of the
Commission, investigating panel or
25 investigator; and
(d) of any advice from the relevant head of
jurisdiction about the implementation of
recommendations from the Commission, an
investigating panel or an investigator.
30 (2) If a head of jurisdiction has made a health request,
the Commission must notify the head of
jurisdiction--
(a) as to whether the Commission determined
that the request should be dismissed and the
35 reasons for the determination;
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(b) if the matter was referred to an investigating
panel or investigator, of that referral;
(c) of any findings or recommendations of the
Commission, investigating panel or
5 investigator.
(3) A notification under this section must not contain
any details of a medical examination or medical
tests relating to the officer that are not relevant to
the performance of the officer's functions.
10 Division 4--Standing down of officers
46 Process for standing down officers
(1) A relevant authority may stand down a judicial
officer, judicial registrar or VCAT officer from
his or her office by giving the officer notice in
15 writing if--
(a) a complaint, Part 4 referral or health request
has been made to the Commission in respect
of the judicial officer, judicial registrar or
VCAT officer and the Commission--
20 (i) has decided to proceed with the
investigation under section 38(1); or
(ii) has made a request under section
40(1)(a) for the officer to undergo a
medical examination; and
25 (b) the relevant authority considers that the
complaint, Part 4 referral or health request
refers to possible misbehaviour or incapacity
that could warrant consideration of the
removal of the judicial officer, judicial
30 registrar or VCAT officer from his or her
office; and
(c) the relevant authority considers that the
standing down is in the public interest
having regard to the need to maintain longer
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term public confidence in the relevant court
or tribunal.
(2) The standing down of an officer under this section
may relate to--
5 (a) all of the functions of the officer; or
(b) the functions specified by the relevant
authority.
(3) Subject to subsection (4), if the relevant authority
proposes to stand down an officer who is
10 appointed or assigned to another court or VCAT,
the relevant authority must consult with the head
of jurisdiction of that other court or VCAT.
(4) Subsection (3) does not apply if the relevant
authority is a relevant authority within the
15 meaning of paragraph (a) of the definition of
relevant authority.
(5) The relevant authority must notify the
Commission if an officer is stood down under this
section.
20 (6) A failure of the relevant authority to consult with
the head of jurisdiction under subsection (3) does
not invalidate the standing down of an officer
under this section.
(7) Nothing in this Division affects the payment of
25 salary, allowances and other entitlements to an
officer who has been stood down under this
section.
47 Alterations to or revocation of standing down of an
officer
30 (1) At any time during the course of an investigation
into a complaint, Part 4 referral or health request,
a relevant authority who has, under section 46,
stood down the judicial officer, judicial registrar
or VCAT officer who is the subject of the
35 complaint, referral or health request may--
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(a) alter the functions of the officer in respect of
which the officer has been stood down; or
(b) reinstate the officer.
(2) The relevant authority must notify the
5 Commission if the standing down of a judicial
officer, judicial registrar or VCAT officer is
altered under this section or the officer is
reinstated.
48 Performance of functions
10 (1) A judicial officer, judicial registrar or VCAT
officer must not perform the functions of his or
her office to the extent that he or she has been
stood down under section 46 in respect of those
functions.
15 (2) If a judicial officer, judicial registrar or VCAT
officer exercises any functions in contravention of
this section, the functions are taken to be validly
exercised, as if the officer had not been stood
down.
20 49 Reinstatement of officers
The relevant authority must reinstate a judicial
officer, judicial registrar or VCAT officer who has
been stood down under section 46 if--
(a) the Commission, investigating panel or
25 investigator (as the case requires)--
(i) dismisses the matter; or
(ii) refers the matter to the relevant head of
jurisdiction; or
(b) the matter has been referred to the Attorney-
30 General or the Houses of Parliament and it
has been determined that the officer should
not be removed from his or her office.
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Division 5--General provisions
50 Head of jurisdiction the subject of a complaint,
Part 4 referral or health request
(1) If the judicial officer who is the subject of a
5 complaint, Part 4 referral or health request is a
head of jurisdiction of a court or VCAT, any
reference in this Part or Part 5 to the relevant head
of jurisdiction of the judicial officer is taken to be
a reference to the person nominated by the
10 Commission under this section.
(2) In relation to a head of jurisdiction who is the
subject of a complaint, Part 4 referral or health
request, the Commission may nominate--
(a) a person who is a head of jurisdiction; or
15 (b) a person who has previously been a head of
jurisdiction; or
(c) a person who is the head of a court of
another State or a Territory of the
Commonwealth; or
20 (d) a person who has previously been the head
of a court of another State or a Territory of
the Commonwealth; or
(e) a person who is the head of a court created
by the Parliament of the Commonwealth; or
25 (f) a person who has previously been the head
of a court created by the Parliament of the
Commonwealth; or
(g) a person who has previously been a Justice
of the High Court.
30 (3) The Commission must ensure, as far as is
reasonably practicable, that the person who is
nominated under subsection (2) is or was a
member of a court that is at the same level as or
higher than the court of which the judicial officer
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the subject of a complaint, Part 4 referral or health
request is a member.
(4) The Commission must not nominate a person
under subsection (2) if the person does not
5 consent to the nomination.
51 Election to be relevant head of jurisdiction
(1) If the President of the Children's Court receives a
notice under section 38(4) or 40(3) in respect of a
judicial officer appointed or assigned to the
10 Children's Court, the President may elect in
writing whether to act as a relevant head of
jurisdiction in relation to the judicial officer.
(2) If the State Coroner receives a notice under
section 38(4) or 40(3) in respect of a judicial
15 officer appointed or assigned to the Coroners
Court, the State Coroner may elect in writing
whether to act as a relevant head of jurisdiction in
relation to the judicial officer.
(3) If the President of VCAT receives a notice under
20 section 38(4) or 40(3) in respect of a judge or
acting judge of the County Court who is a member
of VCAT, the President of VCAT may elect in
writing whether to act as a relevant head of
jurisdiction in relation to the judge or acting
25 judge.
(4) An election under this section is only effective in
respect of the investigation of the complaint,
Part 4 referral or health request that is the subject
of the notice given under section 38(4) or 40(3).
30 52 Vexatious complainants
(1) The Commission may declare a person to be a
vexatious complainant if the person habitually,
persistently and without any reasonable grounds
makes complaints, whether about one person who
35 is a judicial officer, judicial registrar or VCAT
officer or more than one such person.
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(2) The Commission must notify the person in respect
of whom a declaration under subsection (1) is to
be made and give the person a reasonable
opportunity to make a submission to the
5 Commission about the proposed declaration
within a specified time.
(3) In making a declaration under subsection (1) the
Commission must have regard to any submission
made within the time specified in the notice under
10 subsection (2).
(4) The Commission must notify the person in respect
of whom a declaration under subsection (1) is
made as soon as practicable after making the
declaration.
15 (5) The Commission may--
(a) suspend a declaration under subsection (1)
for a period of time; or
(b) revoke a declaration under subsection (1).
(6) The Commission must notify the person in respect
20 of whom a declaration under subsection (1) is
suspended or revoked as soon as practicable after
the suspension or revocation.
(7) A declaration under subsection (1) remains in
force until the Commission revokes the
25 declaration.
(8) If the Commission suspends a declaration under
subsection (1) for a period of time, the declaration
ceases to be in force and have effect for the period
during which it is suspended.
30 53 Multiple investigations
(1) The Commission may determine to conduct an
investigation into more than one complaint, Part 4
referral or health request, whether or not those
matters relate to the same judicial officer, judicial
35 registrar or VCAT officer.
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(2) The Commission may determine that an
investigating panel must conduct an investigation
into more than one complaint, Part 4 referral or
health request referred to it, whether or not those
5 matters referred to the investigating panel relate to
the same judicial officer.
(3) The Commission may determine that an
investigator must conduct an investigation into
more than one complaint, Part 4 referral or health
10 request referred to the investigator, whether or not
those matters referred to the investigator relate to
the same judicial registrar or VCAT officer.
54 Extension or referral by Commission
(1) If, in the course of investigating a complaint,
15 Part 4 referral or health request, a matter arises
(not being the matter that is the subject of the
investigation) that could, in relation to the judicial
officer, judicial registrar or VCAT officer being
investigated, be a matter to be referred under
20 section 29, the Commission may extend the
investigation to cover that matter.
(2) If, in the course of investigating a complaint or
Part 4 referral, a matter arises that could, in
relation to a judicial officer, judicial registrar or
25 VCAT officer who is not the subject of the
complaint or Part 4 referral, be a matter to be
referred under section 29, the Commission may
determine that the matter is to be dealt with as if it
were a referral by a head of jurisdiction.
30 (3) If a determination is made by the Commission
under subsection (2), the matter is taken to be a
Part 4 referral and must be dealt with accordingly.
55 Adjournment of matter
The Commission may adjourn the investigation of
35 a complaint, Part 4 referral or health request under
this Part--
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(a) if the matter arose in a legal proceeding that
is still on foot; or
(b) if the matter is the subject of an investigation
by the police or any other law enforcement
5 or regulatory body; or
(c) if the matter is the subject of legal
proceedings in a court or tribunal in
Australia; or
(d) for any other appropriate reason.
10 56 Further powers of Commission under this Act
(1) Without limiting its powers under section 5(3), the
Commission, in exercising its functions under
section 5(1)(f), may request written submissions,
statutory declarations and other written evidence
15 and adopt any other procedures that are expedient
to exercise those functions.
(2) In exercising its functions under section 5(1)(f),
the Commission must--
(a) comply with the rules of procedural fairness;
20 and
(b) act with as much expedition and informality
as the requirements of this Act and a proper
determination of the matter permit; and
(c) where reasonably practicable, ensure that an
25 investigation conducted by the Commission
is conducted confidentially.
(3) The procedure of the Commission is otherwise in
its discretion.
__________________
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PART 5--FURTHER INVESTIGATION OF JUDICIAL
OFFICERS
Division 1--Referral of complaints or Part 4 referrals
57 Decisions about complaints or Part 4 referrals
5 (1) If the Commission has decided in accordance
with section 38(1) to proceed with an
investigation, the Commission--
(a) may decide to refer a complaint or Part 4
referral about a judicial officer to an
10 investigating panel if the Commission is
satisfied that there are reasonable grounds
for the panel to investigate whether facts
exist that could amount to proved
misbehaviour or incapacity of the judicial
15 officer that would warrant the removal of
that judicial officer from office; or
(b) in any other case relating to a complaint or
Part 4 referral about a judicial officer, must
decide whether--
20 (i) the complaint or Part 4 referral is
substantiated; or
(ii) the complaint or Part 4 referral is not
substantiated; or
(iii) the complaint or Part 4 referral should
25 be dismissed on any of the grounds set
out in section 36.
(2) Before making a decision under subsection (1)(a)
or (1)(b)(i), the Commission must give the judicial
officer a notice as to the making of the complaint
30 or Part 4 referral that--
(a) specifies the grounds on which the complaint
or Part 4 referral has been made; and
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(b) sets out the decisions that the Commission is
considering; and
(c) sets out the material facts on which the
Commission intends to make the decision;
5 and
(d) states that the officer may make written
submissions about the decisions that the
Commission is considering; and
(e) specifies the time within which submissions
10 must be made which must not be less than
21 days from the date of notice.
(3) In making a decision under subsection (1)(a)
or (1)(b)(i) the Commission must have regard to
any submission made within the time specified in
15 the notice under subsection (2).
58 Process after decision
(1) If the Commission decides under section
57(1)(b)(i) that the complaint or Part 4 referral
is substantiated, it must provide a report on the
20 complaint or Part 4 referral to the judicial officer
and the relevant head of jurisdiction of the judicial
officer about the conduct or capacity of the
judicial officer.
(2) Unless a report includes recommendations under
25 section 59(1), the Commission must give the
complainant (if any) written notice--
(a) stating that the Commission has decided that
the complaint is substantiated and referred
the matter to the relevant head of
30 jurisdiction; and
(b) summarising the information contained in
the report of the Commission referred to in
subsection (1).
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(3) If the Commission decides under section 57
(1)(b)(ii) that the complaint or Part 4 referral is
not substantiated, the Commission must dismiss
the complaint or Part 4 referral.
5 (4) If the Commission decides that the complaint or
referral is not substantiated or that the complaint
or referral should be dismissed on any of the
grounds set out in section 36, the Commission
must give the officer who is the subject of the
10 complaint or Part 4 referral, the relevant head
of jurisdiction and the complainant (if any) written
notice--
(a) stating that the Commission has dismissed
the complaint or referral; and
15 (b) setting out why the Commission has made
the decision.
(5) The Commission must not disclose any
information under subsection (2)(b) or (4)(b) to a
complainant if disclosure of that information
20 would be contrary to the public interest having
regard to--
(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for investigating the performance of
25 official functions by judicial officers; and
(c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
administration of justice; and
30 (e) any other relevant matter.
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59 Recommendations to relevant head of jurisdiction
(1) If the Commission reports on a complaint or
Part 4 referral to the relevant head of jurisdiction
under section 58(1), the Commission may make
5 recommendations to the relevant head of
jurisdiction about how to deal with the matter.
(2) In dealing with a matter that has been reported
under section 58(1), the relevant head of
jurisdiction must have regard to the
10 recommendations (if any) of the Commission.
60 Commission to report to Attorney-General
The Commission must, in relation to a referral by
the Attorney-General in respect of a judicial
officer, report to the Attorney-General--
15 (a) as to any findings or recommendations that
are made by the Commission on the matter;
and
(b) as to any findings or recommendations that
are made by the investigating panel on the
20 matter, other than reports that must be
provided to the Governor in Council.
Division 2--Conduct of investigations
61 Procedure for investigations
(1) An investigating panel must conduct an
25 investigation into a matter referred to it by the
Commission under section 44(2)(b) or 57(1)(a).
(2) In conducting an investigation, the investigating
panel may initiate any investigations into the
subject matter of the complaint or Part 4 referral
30 that it considers appropriate and may determine
whether or not to hold a hearing into the matter.
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(3) An investigating panel may make a determination
under subsection (2) at any stage during the
investigation of the matter.
62 Procedure for notifying judicial officer
5 (1) If an investigating panel determines to hold a
hearing into the matter, the panel must give notice
of the decision to the judicial officer.
(2) A notice under subsection (1) must--
(a) specify a date on which the hearing is to
10 commence; and
(b) specify the place at which the hearing is to
be held; and
(c) specify the grounds on which the complaint
or referral has been made; and
15 (d) be given to the judicial officer--
(i) at least 21 days before the hearing is to
commence; or
(ii) within any shorter period consented to
by the judicial officer.
20 (3) If an investigating panel determines not to hold a
hearing into the matter, the panel must notify the
judicial officer of this decision.
(4) A notice under subsection (3) must--
(a) specify that the judicial officer has a right
25 under section 64 to make written
submissions to the investigating panel; and
(b) specify the time within which written
submissions must be made under section 64;
and
30 (c) specify the grounds on which the complaint
or Part 4 referral has been made; and
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(d) be given to the judicial officer within
14 days after the making of the
determination under section 61(2).
63 Procedure as to hearing
5 (1) Subject to subsection (2), for the purposes of a
hearing conducted by an investigating panel--
(a) the panel may determine the procedure for
the conduct of the hearing;
(b) the panel may give directions regarding the
10 conduct of the hearing;
(c) the judicial officer may be represented at the
hearing by an Australian lawyer;
(d) the panel is not bound by the rules of
evidence and may be informed on any matter
15 in issue at the investigation in any manner
that it considers appropriate.
(2) Unless subsection (3) applies, a hearing conducted
by the investigating panel is closed to members of
the public.
20 (3) The investigating panel may direct that the
hearing or particular parts of the hearing be open
to the public if the panel is satisfied that it would
facilitate the conduct of the hearing or would
otherwise be in the public interest.
25 (4) A direction under subsection (3) may be given
subject to any conditions the investigating panel
considers appropriate.
64 Procedure where investigating panel does not
conduct hearing
30 (1) If an investigating panel has determined not to
conduct a hearing into a matter referred to it for
investigation under this Act, the panel must allow
the judicial officer an opportunity to make a
written submission to the panel.
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(2) A submission made under subsection (1) must be
made within the time specified by the panel.
65 Decision of investigating panel
(1) An investigating panel, in relation to a complaint
5 or Part 4 referral before it for investigation--
(a) may dismiss the matter in whole or in part on
any ground set out in section 36(1)(a) to (f)
and provide a report to the Commission; or
(b) must dismiss the matter or any part of the
10 matter that the panel is of the opinion has not
been substantiated and provide a report to the
Commission; or
(c) if the panel is of the opinion that--
(i) the matter or any part of the matter is
15 substantiated and should not be
dismissed; and
(ii) facts exist that could amount to proved
misbehaviour or incapacity such as to
warrant the removal of that officer from
20 office--
must report that opinion to the Governor in
Council; or
(d) if the panel is of the opinion that the matter
or any part of the matter--
25 (i) is substantiated and should not be
dismissed; and
(ii) is not a matter to which
paragraph (c)(ii) applies--
must provide a report to the relevant head of
30 jurisdiction of the judicial officer.
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(2) If the investigating panel decides that the
complaint or referral is not substantiated or the
complaint or referral should be dismissed on any
of the grounds set out in section 36(1)(a) to (f), the
5 Commission must give the officer who is the
subject of the complaint or Part 4 referral and the
complainant (if any) written notice--
(a) stating that the investigating panel has
dismissed the complaint; and
10 (b) setting out why the investigating panel has
made the decision.
(3) The Commission must not disclose any
information under subsection (2)(b) to a
complainant if disclosure of that information
15 would be contrary to the public interest having
regard to--
(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for investigating the performance of
20 official functions by judicial officers; and
(c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
administration of justice; and
25 (e) any other relevant matter.
66 Report to Governor in Council
(1) A report of an investigating panel to the Governor
in Council under section 65(1)(c) must set out--
(a) the findings of fact of the panel on the
30 matter; and
(b) the panel's opinion in relation to the matters
in section 65(1)(c).
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(2) The panel must give a copy of the report to the
Attorney-General, the Commission, the relevant
head of jurisdiction, the complainant (if any) and
the judicial officer.
5 (3) The Attorney-General must cause a copy of
the report to be laid before each House of the
Parliament as soon as practicable after
receiving it.
67 Report to relevant head of jurisdiction
10 (1) A report of an investigating panel to the relevant
head of jurisdiction under section 65(1)(d) must
set out--
(a) the findings of fact of the panel on the
matter; and
15 (b) the panel's opinion in relation to the matters
in section 65(1)(d).
(2) The investigating panel must give a copy of the
report to the Commission and the judicial officer.
(3) Unless a report includes recommendations under
20 subsection (5), the Commission must give to the
complainant (if any) written notice--
(a) stating that the investigating panel has
substantiated the complaint and referred the
complaint to the relevant head of
25 jurisdiction; and
(b) summarising the information contained in
the report of the panel referred to in
subsection (1).
(4) The investigating panel must not disclose any
30 information under subsection (3)(b) to a
complainant if disclosure of that information
would be contrary to the public interest having
regard to--
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(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for investigating the performance of
official functions by judicial officers; and
5 (c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
administration of justice; and
(e) any other relevant matter.
10 (5) In a report under subsection (1), the panel may
make recommendations to the relevant head of
jurisdiction about how to deal with the matter.
(6) In dealing with a matter that has been reported
under section 65(1)(d), the relevant head of
15 jurisdiction must have regard to the
recommendations (if any) of the investigating
panel.
68 Power to give effect to recommendation
(1) If a recommendation has been made under
20 section 59(1) or 67(5) the relevant head of
jurisdiction may--
(a) counsel the judicial officer in respect of the
matter; or
(b) direct the judicial officer to participate in a
25 professional development or continuing
education or training activity specified by the
relevant head of jurisdiction; or
(c) take any other steps that the relevant head of
jurisdiction considers appropriate.
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(2) The relevant head of jurisdiction must advise the
Commission--
(a) whether the relevant head of jurisdiction has
implemented a recommendation made under
5 section 59(1) or 67(5);
(b) if a recommendation has been implemented,
the extent of the implementation;
(c) if a recommendation has not been
implemented, details of how the relevant
10 head of jurisdiction has responded to the
recommendation;
(d) the steps taken by the judicial officer in
respect of any action of the relevant head of
jurisdiction under subsection (1).
15 (3) If a complaint was made in relation to the matter,
the Commission must give the complainant
written notice--
(a) stating that the Commission or investigating
panel has substantiated the complaint,
20 referred the matter to the relevant head of
jurisdiction and made recommendations; and
(b) summarising the information contained in
the report of the Commission under
section 58(1) or the investigating panel
25 under section 65(1)(d); and
(c) providing the advice given by the relevant
head of jurisdiction under subsection (2).
(4) The Commission must not disclose any
information to a complainant under subsection
30 (3)(b) or (c) if disclosure of that information
would be contrary to the public interest having
regard to--
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(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for investigating the performance of
official functions by judicial officers; and
5 (c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
administration of justice; and
(e) any other relevant matter.
10 Example
A complaint about a judicial officer relating to the health of
the officer could be substantiated by the Commission and
referred to the head of jurisdiction with recommendations.
The Commission would advise the complainant that the
15 complaint was substantiated and referred to the head of
jurisdiction with recommendations. The Commission could
determine, having regard to the matters noted in
paragraphs (a) to (e) of section 68(4), to refrain from
disclosing detailed information regarding the treatment of
20 the officer's medical condition.
(5) Nothing in this section limits the functions or
responsibilities of the head of jurisdiction under
this or any other Act.
Division 3--Panel's powers to require medical examination
25 69 Medical examination
(1) If the investigating panel in conducting an
investigation under this Part is of the opinion that
a judicial officer may be suffering from an
impairment, disability, illness or condition that
30 may significantly affect the officer's performance
of his or her functions as a judicial officer, the
investigating panel may, for the purposes of the
investigation that it is conducting, require the
judicial officer to undergo a medical examination.
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(2) The investigating panel must not require a judicial
officer to undergo a medical examination unless
the investigating panel has--
(a) provided a notice to the officer with advice
5 that the officer may make comments to the
investigating panel about the requirement to
undergo the medical examination within
21 days from the date of the notice; and
(b) considered any comments by the officer
10 made within 21 days from the date of the
notice.
70 Requests to undergo medical examinations or
provide reports
(1) If an investigating panel determines under
15 section 69 that it is appropriate in the
circumstances to require an officer to undergo a
medical examination, the panel may request the
officer to--
(a) undergo a medical examination by a
20 registered medical practitioner; and
(b) provide copies of reports of any medical
examinations or medical tests relating to the
officer that are relevant.
(2) A request under subsection (1)(a) must specify--
25 (a) the nature of the examination; and
(b) details of who will conduct the examination;
and
(c) when the examination must occur.
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71 Refusal of officer to undergo medical examination
or provide reports
If a panel requests an officer to undergo a medical
examination or provide reports under section 70,
5 the officer must undergo the medical examination
or provide the reports.
72 Conduct of medical examination
(1) The registered medical practitioner conducting a
medical examination requested under section 70--
10 (a) may request the officer to provide a report of
any medical examination or medical test that
is in the officer's possession or control and is
relevant to the investigation; and
(b) if the registered medical practitioner
15 considers it necessary, may request the
officer to undergo a medical test or any other
medical examination by the registered
medical practitioner or by any other
registered medical practitioner.
20 (2) If the registered medical practitioner requests an
officer to provide a report or undergo a medical
examination under subsection (1), the officer must
provide the report or undergo the medical
examination.
25 73 Reports and submissions after medical examination
(1) A registered medical practitioner who conducts a
medical examination requested under section 70
must forward to the investigating panel a report
that sets out--
30 (a) the results of any medical examination
conducted under this Division; and
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(b) the medical practitioner's opinion as to
whether the officer has an impairment,
disability, illness or condition that may
significantly affect the performance of the
5 officer's functions; and
(c) any recommendations of the medical
practitioner in connection with the
impairment, disability, illness or condition.
(2) If a judicial officer undergoes a medical
10 examination under this Division, the investigating
panel must provide the officer with a written
notice that--
(a) contains the report provided by the medical
practitioner under subsection (1); and
15 (b) states whether or not the panel is considering
whether the officer is suffering from an
impairment, disability, illness or condition
that may significantly affect the performance
of the officer's functions; and
20 (c) states that the officer may make written
submissions to the panel or obtain another
medical report within a period specified in
the notice which must not be less than
21 days from the date of the notice.
25 74 Outcome of medical examination
If a judicial officer undergoes a medical
examination under this Division, the investigating
panel, in making a decision under section 65, must
have regard to--
30 (a) the report provided by the medical
practitioner under section 73(1); and
(b) any further reports or submissions provided
by the officer under section 73 within the
time period specified by the panel.
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Division 4--General powers of investigating panels
75 Powers of investigating panels
(1) For the purposes of a hearing conducted by an
investigating panel, the panel has, and may
5 exercise, the powers conferred by sections 17,
18, 19, 19A, 19B(2), (2A), (3), (4), 19C, 19D,
19E, 20, 20A, 21 and 21A of the Evidence
(Miscellaneous Provisions) Act 1958 as if the
panel were a body of persons to whom the
10 Governor in Council has issued a commission and
the chairperson of the panel were the president or
chairperson of the Commission.
(2) For the purposes of a hearing conducted by an
investigating panel, a person is not excused from
15 answering any question or producing any
document or thing when required by the
investigating panel on the ground that the
answering of the question or the production of the
document or thing is prohibited by or under any
20 Act.
(3) For the purposes of a hearing conducted by an
investigating panel, the answering of a question or
the production of a document or thing, when
required by the investigating panel, does not
25 constitute a breach of a provision made by or
under any Act prohibiting the disclosure of
information of a kind contained in that answer,
document or thing.
76 Extension or referral by panel
30 (1) If, in the course of conducting an investigation
into a complaint or Part 4 referral, a matter arises
(not being the matter that is the subject of the
investigation) that could, in relation to the judicial
officer being investigated, be a matter to be
35 referred under section 29, the panel may extend
the investigation to cover that matter.
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(2) If, in the course of conducting an investigation
into a complaint or Part 4 referral, a matter arises
that could, in relation to a judicial officer, judicial
registrar or VCAT officer who is not the subject
5 of the investigation, be a matter to be referred
under section 29, the panel may refer the matter to
the Commission to be dealt with as if it were a
referral by a head of jurisdiction.
(3) A referral to the Commission under
10 subsection (2)--
(a) must be made in accordance with section 31;
and
(b) is taken to be a Part 4 referral and must be
dealt with accordingly.
15 77 Adjournment of matter
An investigating panel may adjourn the conduct of
an investigation into a complaint or Part 4 referral
under this Part--
(a) if the matter arose in a legal proceeding that
20 is still on foot; or
(b) if the matter is the subject of an investigation
by the police or any other law enforcement
or regulatory body; or
(c) if the matter is the subject of legal
25 proceedings in any court or tribunal in
Australia; or
(d) for any other appropriate reason.
78 Constitution of panel for making decisions
(1) A decision of an investigating panel may be made
30 by a majority of the members of the panel.
(2) A report on any decision of the panel may include
a majority report and a minority report.
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(3) An investigating panel may continue to
investigate a matter with 2 members if one of the
members is unavailable or unable to exercise the
functions of a member of the panel.
5 Division 5--Establishment of investigating panels
79 Establishment of investigating panels
The Commission may, from time to time,
establish an investigating panel to investigate any
complaint or Part 4 referral and perform any of the
10 functions of an investigating panel under this Act.
80 Membership of investigating panel
An investigating panel consists of 3 members
appointed by the Commission of whom--
(a) one member must be a person chosen from a
15 pool of persons nominated by the Houses of
Parliament under section 84;
(b) the remaining two members must each be a
person who--
(i) is a judicial officer; or
20 (ii) has previously been a judge, associate
judge, master or magistrate of a court of
Victoria; or
(iii) is a judge, associate judge, master or
magistrate of a court of another State or
25 a Territory of the Commonwealth; or
(iv) has previously been a judge, associate
judge, master or magistrate of a court of
another State or a Territory of the
Commonwealth; or
30 (v) is a judge, associate judge, master or
magistrate of a court created by the
Parliament of the Commonwealth; or
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(vi) has previously been a judge, associate
judge, master or magistrate of a court
created by the Parliament of the
Commonwealth; or
5 (vii) has previously been a Justice of the
High Court.
81 Selection of chairperson
The chairperson of the panel must be selected by
all the members of the panel from the members
10 appointed under section 80(b).
82 Appointment of members of investigating panels
(1) A person who is a member of the Board must not
be appointed as a member of an investigating
panel.
15 (2) In appointing persons to be members of an
investigating panel that is to investigate a
complaint or Part 4 referral, the Commission--
(a) must not appoint a person as a member of the
panel who is a judicial officer of the same
20 court as the person who is the subject of the
complaint or Part 4 referral being
investigated by the panel;
(b) must ensure, as far as is reasonably
practicable, that the person who is appointed
25 is or was a member of a court that is at the
same level or higher as the court of which
the judicial officer the subject of a complaint
or Part 4 referral is a member.
(3) The Commission must not appoint a person as
30 a member of an investigating panel under
section 80(b) if the person does not consent to
the appointment.
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83 Pool for appointment of panel member
The person appointed to be a member of an
investigating panel under section 80(a) must be
appointed from a pool of 4 persons nominated by
5 the Houses of Parliament in accordance with
section 84.
84 Nomination of pool of persons
(1) The Legislative Assembly may by resolution
nominate a person who is not an Australian
10 lawyer to be a member of a pool of persons who
may be appointed to an investigating panel.
(2) If a person is nominated under subsection (1), the
Legislative Council may notify the Legislative
Assembly by message that it--
15 (a) agrees to the nomination of that person; or
(b) rejects the nomination of that person; or
(c) rejects the nomination of that person and
nominates another person who is not an
Australian lawyer to be a member of the pool
20 in place of that person.
(3) The Legislative Council is taken to reject the
nomination of a person under subsection (2)(b) if
the Legislative Council has not responded to the
Legislative Assembly by message within 5 sitting
25 days after the Legislative Assembly notified the
Legislative Council of its nomination.
(4) If the Legislative Council rejects a nomination
under subsection (2)(b), the Legislative Assembly
may notify the Legislative Council by message
30 that it--
(a) confirms the nomination of the person first
nominated by the Legislative Assembly,
despite the rejection of that nomination by
the Legislative Council; or
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(b) nominates another person under
subsection (1).
(5) If the Legislative Council has nominated another
person under subsection (2)(c), the Legislative
5 Assembly may notify the Legislative Council by
message that it--
(a) agrees to the nomination of that person; or
(b) confirms the nomination of the person first
nominated by the Legislative Assembly,
10 despite the rejection of that nomination by
the Legislative Council; or
(c) nominates another person under
subsection (1) in place of that person.
(6) If the nomination of a person is agreed to or
15 confirmed under subsection (2)(a), (4)(a), (5)(a)
or (5)(b), the person is nominated for the purposes
of section 80(a).
85 Conditions for members of pool
(1) A person who is nominated for the purposes of
20 section 80(a)--
(a) subject to subsection (2), is a member of the
pool for a period not exceeding 2 years; and
(b) may be renominated as a member of the
pool; and
25 (c) is entitled when acting as a member of an
investigating panel to the prescribed salary
and allowances.
(2) If a member of the pool is appointed to an
investigating panel and his or her nomination
30 expires or ceases before a matter under
investigation by the investigating panel is
finalised, the member's appointment continues
until the investigation is finalised.
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86 Resignation or removal from pool
A member of the pool of persons who may be
appointed to an investigating panel ceases to be a
member of the pool if the member--
5 (a) becomes an Australian lawyer; or
(b) becomes a member of the Board; or
(c) provides written notice of his or her
resignation to the presiding officers of the
Legislative Assembly and the Legislative
10 Council; or
(d) is found guilty or convicted of an indictable
offence or an offence that, if committed in
Victoria, would be an indictable offence; or
(e) becomes insolvent under administration.
15 87 Validity of acts and decisions of an investigating
panel
(1) An act or decision of an investigating panel is not
invalid merely because of--
(a) a defect or irregularity in, or in connection
20 with, the appointment of a member of the
investigating panel; or
(b) a defect or irregularity in, or in connection
with, the constitution of the investigating
panel; or
25 (c) a defect or irregularity in, or in connection
with, a complaint or Part 4 referral.
(2) The investigating panel may correct any record of
an act or decision that contains--
(a) a clerical mistake; or
30 (b) an error arising from an accidental slip or
omission; or
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(c) a material mistake in the description of any
person, thing or matter referred to in the
decision; or
(d) a defect of form.
5 (3) In this section, an act or decision includes the
holding of an opinion and a referral by the
investigating panel.
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PART 6--FURTHER INVESTIGATION OF JUDICIAL
REGISTRARS AND VCAT OFFICERS
Division 1--Referral of complaints or Part 4 referrals
88 Decisions about complaints or Part 4 referrals
5 (1) If the Commission has decided in accordance with
section 38(1) to proceed with an investigation, the
Commission--
(a) may decide to refer a complaint or Part 4
referral about a judicial registrar or VCAT
10 officer to an investigator appointed under
section 109 if the Commission is satisfied
that there are reasonable grounds for the
investigator to investigate whether facts exist
that could amount to proved misbehaviour or
15 incapacity of the judicial registrar or VCAT
officer that would warrant the removal of
that judicial registrar or VCAT officer from
office; or
(b) in any other case relating to a complaint or
20 Part 4 referral about a judicial registrar or
VCAT officer, must decide whether--
(i) the complaint or Part 4 referral is
substantiated; or
(ii) the complaint or Part 4 referral is not
25 substantiated; or
(iii) the complaint or Part 4 referral should
be dismissed on any of the grounds set
out in section 36.
(2) Before making a decision under subsection (1)(a)
30 or (1)(b)(i), the Commission must give the judicial
registrar or VCAT officer a notice as to the
making of the complaint or Part 4 referral that--
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(a) specifies the grounds on which the complaint
or Part 4 referral has been made; and
(b) sets out the decisions that the Commission is
considering; and
5 (c) sets out the material facts on which the
Commission intends to make the decision;
and
(d) states that the officer may make written
submissions about the decisions that the
10 Commission is considering; and
(e) specifies the time within which submissions
must be made which must not be less than
21 days.
(3) In making a decision under subsection (1)(a)
15 or (1)(b)(i) the Commission must have regard to
any submission made within the time specified in
the notice under subsection (2).
(4) If the Commission refers a complaint or Part 4
referral under subsection (1)(a) to an investigator,
20 the Commission must specify whether the
investigator has powers under Division 3 for that
investigation.
89 Process after decision
(1) If the Commission decides under section
25 88(1)(b)(i) that the complaint or Part 4 referral is
substantiated, it must provide a report on the
complaint or Part 4 referral to the judicial registrar
or VCAT officer and the relevant head of
jurisdiction of the officer about the conduct or
30 capacity of the officer.
(2) Unless a report includes recommendations under
section 90(1), the Commission must give the
complainant (if any) written notice--
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(a) stating that the Commission has decided that
the complaint is substantiated and referred
the matter to the relevant head of
jurisdiction; and
5 (b) summarising the information contained in
the report of the Commission referred to in
subsection (1).
(3) If the Commission decides under section
88(1)(b)(ii) that the complaint or Part 4 referral is
10 not substantiated, the Commission must dismiss
the complaint or Part 4 referral.
(4) If the Commission decides that the complaint or
Part 4 referral is not substantiated or that the
complaint or Part 4 referral should be dismissed
15 on any of the grounds set out in section 36, the
Commission must give the officer who is the
subject of the complaint or Part 4 referral, the
relevant head of jurisdiction and the complainant
(if any) written notice--
20 (a) stating that the Commission has dismissed
the complaint or referral; and
(b) setting out why the Commission made the
decision.
(5) The Commission must not disclose information
25 under subsection (2)(b) or (4)(b) to a complainant
if disclosure of that information would be contrary
to the public interest having regard to--
(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
30 process for investigating the performance of
official functions by judicial registrars and
VCAT officers; and
(c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
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(d) preventing disruption to the orderly
administration of justice; and
(e) any other relevant matter.
90 Recommendations to relevant head of jurisdiction
5 (1) If the Commission provides a report on a
complaint or Part 4 referral to the relevant head of
jurisdiction under section 89(1), the Commission
may make recommendations to the relevant head
of jurisdiction about how to deal with the matter.
10 (2) In dealing with a matter that has been referred
under section 89(1), the relevant head of
jurisdiction must have regard to the
recommendations (if any) of the Commission.
91 Commission to report to Attorney-General
15 The Commission must, in relation to a referral by
the Attorney-General in respect of a judicial
registrar or VCAT officer, report to the
Attorney-General--
(a) as to any findings or recommendations that
20 are made by the Commission on the matter;
and
(b) as to any findings or recommendations that
are made by the investigator on the matter.
Division 2--Conduct of investigations
25 92 Procedure for investigations
(1) An investigator must conduct an investigation into
a matter referred to the investigator by the
Commission under section 44(2)(c) or 88(1)(a).
(2) In conducting an investigation, the investigator
30 may initiate any investigations into the subject
matter of the complaint or referral that the
investigator considers appropriate and may
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determine whether or not to hold a hearing into
the matter.
(3) An investigator may make a determination under
subsection (2) at any stage during the
5 investigation of the matter.
93 Procedure for notifying judicial registrar or VCAT
officer
(1) If an investigator determines to hold a hearing into
the matter, the investigator must give notice of the
10 decision to the judicial registrar or VCAT officer.
(2) A notice under subsection (1) must--
(a) specify a date on which the hearing is to
commence; and
(b) specify the place at which the hearing is to
15 be held; and
(c) specify the grounds on which the complaint
or referral has been made; and
(d) be given to the officer--
(i) at least 21 days before the hearing is to
20 commence; or
(ii) within any shorter period consented to
by the officer.
(3) If an investigator determines not to hold a hearing
into the matter, the investigator must notify the
25 officer of this decision.
(4) A notice under subsection (3) must--
(a) specify that the officer has a right under
section 95 to make written submissions to
the investigator; and
30 (b) specify the time within which written
submissions must be made under section 95;
and
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(c) specify the grounds on which the complaint
or Part 4 referral has been made; and
(d) be given to the judicial registrar or VCAT
officer within 14 days after the making of the
5 determination under section 92(2).
94 Procedure as to hearing
(1) Subject to subsection (2), for the purposes of a
hearing conducted by an investigator--
(a) the investigator determines the procedure for
10 the conduct of the hearing;
(b) the investigator may give directions
regarding the conduct of the hearing;
(c) the officer may be represented at the hearing
by an Australian lawyer;
15 (d) the investigator is not bound by the rules of
evidence and may be informed on any matter
in issue at the investigation in any manner
that he or she considers appropriate.
(2) Unless subsection (3) applies, a hearing conducted
20 by an investigator is closed to members of the
public.
(3) The investigator may direct that the hearing or
particular parts of the hearing be open to the
public if the investigator is satisfied that it would
25 facilitate the conduct of the hearing or would
otherwise be in the public interest.
(4) A direction under subsection (3) may be given
subject to any conditions the investigator
considers appropriate.
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95 Procedure where investigator does not conduct
hearing
(1) If an investigator has determined not to conduct
a hearing into a matter referred to it for
5 investigation under this Act, the investigator must
allow the officer an opportunity to make a written
submission to the investigator.
(2) A submission made under subsection (1) must be
made within the time specified by the investigator.
10 96 Decision of investigator
(1) An investigator, in relation to a complaint or
Part 4 referral before him or her for
investigation--
(a) may dismiss the matter in whole or in part on
15 any ground set out in section 36(1)(a) to (f)
and provide a report to the Commission; or
(b) must dismiss the matter or any part of the
matter that the investigator is of the opinion
has not been substantiated and provide a
20 report to the Commission; or
(c) if the investigator is of the opinion that--
(i) the matter or any part of the matter is
substantiated and should not be
dismissed; and
25 (ii) facts exist that could amount to
misbehaviour or incapacity such as to
warrant the removal of that officer from
office--
must report that opinion to the
30 Attorney-General; or
(d) if the investigator is of the opinion that the
matter or any part of the matter--
(i) is substantiated and should not be
dismissed; and
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(ii) is not a matter to which
paragraph (c)(ii) applies--
must provide a report to the relevant head of
jurisdiction of the judicial registrar or VCAT
5 officer.
(2) If the investigator decides that the complaint or
referral is not substantiated or the complaint or
referral should be dismissed on any of the grounds
set out in section 36(1)(a) to (f), the Commission
10 must give the officer who is the subject of the
complaint or Part 4 referral and the complainant
(if any) written notice--
(a) stating that the investigator has dismissed the
complaint; and
15 (b) setting out why the investigator has made the
decision.
(3) The Commission must not disclose any
information under subsection (2)(b) to a
complainant if disclosure of that information
20 would be contrary to the public interest having
regard to--
(a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for investigating the performance of
25 official functions by judicial registrars and
VCAT officers; and
(c) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
30 administration of justice; and
(e) any other relevant matter.
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97 Removal of judicial registrar or VCAT officer from
office
(1) A report of an investigator to the Attorney-
General under section 96(1)(c) must set out--
5 (a) the findings of fact of the investigator on the
matter; and
(b) the investigator's opinion in relation to the
matters in section 96(1)(c).
(2) The investigator must give a copy of the report to
10 the Commission, the relevant head of jurisdiction,
the complainant (if any) and the judicial registrar
or VCAT officer.
(3) After receiving a report under section 96(1)(c) that
facts exist that could amount to proved
15 misbehaviour or incapacity, the Attorney-General,
after consulting the relevant head of jurisdiction,
may recommend to the Governor in Council that
the judicial registrar or VCAT officer be removed
from office.
20 (4) The Attorney-General must not recommend that a
judicial registrar or VCAT officer be removed on
the ground of proved misbehaviour or incapacity
unless he or she has received a report under
section 96(1)(c) that facts exist that could amount
25 to proved misbehaviour or incapacity.
(5) The Governor in Council may remove a judicial
registrar or VCAT officer from office on the
recommendation of the Attorney-General under
subsection (3) but not otherwise.
30 98 Report to relevant head of jurisdiction
(1) A report of an investigator to the relevant head of
jurisdiction under section 96(1)(d) must set out--
(a) the findings of fact of the investigator on the
matter; and
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(b) the investigator's opinion in relation to the
matters in section 96(1)(d).
(2) The investigator must give a copy of the report to
the Commission and the officer.
5 (3) Unless a report includes recommendations under
subsection (5), the Commission must give to the
complainant (if any) written notice--
(a) stating that the investigator has substantiated
the complaint and referred the complaint to
10 the relevant head of jurisdiction; and
(b) summarising the information contained in
the report of the investigator referred to in
subsection (1).
(4) The Commission must not disclose any
15 information under subsection (3)(b) to a
complainant if disclosure of that information
would be contrary to the public interest having
regard to--
(a) protecting the privacy of an individual; and
20 (b) ensuring a transparent and accountable
process for investigating the performance of
official functions by judicial registrars and
VCAT officers; and
(c) maintaining longer term public confidence in
25 the courts of Victoria and VCAT; and
(d) preventing disruption to the orderly
administration of justice; and
(e) any other relevant matter.
(5) The investigator may include recommendations in
30 the report as to how the relevant head of
jurisdiction may deal with the matter that was the
subject of the complaint or Part 4 referral.
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(6) In dealing with a matter that has been reported
under section 96(1)(d), the relevant head of
jurisdiction must have regard to the
recommendations (if any) of the investigator.
5 99 Power to give effect to recommendation
(1) If a recommendation has been made under
section 90(1) or 98(5) the relevant head of
jurisdiction may--
(a) counsel the judicial registrar or VCAT
10 officer in respect of the matter; or
(b) direct the judicial registrar or VCAT officer
to participate in a professional development
or continuing education or training activity
specified by the relevant head of jurisdiction;
15 or
(c) take any other steps that the relevant head of
jurisdiction considers appropriate.
(2) The relevant head of jurisdiction must advise the
Commission--
20 (a) whether the relevant head of jurisdiction has
implemented a recommendation made under
section 90(1) or 98(5);
(b) if a recommendation has been implemented,
the extent of the implementation;
25 (c) if a recommendation has not been
implemented, details of how the head of
jurisdiction has responded to the
recommendation;
(d) the steps taken by the judicial registrar or
30 VCAT officer in respect of any action of the
relevant head of jurisdiction under
subsection (1).
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(3) If a complaint was made in relation to the matter,
the Commission must give the complainant
written notice--
(a) stating that the Commission or investigator
5 has substantiated the complaint, referred the
matter to the relevant head of jurisdiction
and made recommendations; and
(b) summarising the information contained in
the report of the Commission under
10 section 89(1) or the investigator under
section 96(1)(d); and
(c) providing the advice given by the relevant
head of jurisdiction under subsection (2).
(4) The Commission must not disclose any
15 information to a complainant under subsection
(3)(b) or (c) if disclosure of that information
would be contrary to the public interest having
regard to--
(a) the public interest in protecting the privacy
20 of an individual; and
(b) the public interest in ensuring a transparent
and accountable process for investigating the
performance of official functions by judicial
registrars and VCAT officers; and
25 (c) the public interest in maintaining longer term
public confidence in the courts of Victoria
and VCAT; and
(d) the public interest in preventing disruption to
the orderly administration of justice; and
30 (e) any other relevant matter.
(5) Nothing in this section limits the responsibilities
or functions of the head of jurisdiction under this
or any other Act.
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Division 3--Investigator's powers to require medical
examination
100 Medical examination
(1) If the investigator in conducting an investigation
5 under this Part is of the opinion that a judicial
registrar or VCAT officer may be suffering from
an impairment, disability, illness or condition that
may significantly affect the officer's performance
of his or her functions as an officer, the
10 investigator may, for the purposes of the
investigation that it is conducting, require the
officer to undergo a medical examination.
(2) The investigator must not require an officer to
undergo a medical examination unless the
15 Commission has--
(a) provided a notice to the officer with advice
that the officer may make comments to the
investigator about the requirement to
undergo the medical examination within
20 21 days from the date of the notice; and
(b) considered any comments by the officer
made within 21 days from the date of the
notice.
(3) An investigator only has functions under this
25 Division if the Commission has--
(a) authorised the investigator under
section 88(4) to exercise functions
under this Division; or
(b) referred a matter to the investigator under
30 section 44(2)(c).
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101 Requests to undergo medical examinations or
provide reports
(1) If the investigator determines under section 100
that it is appropriate in the circumstances to
5 require an officer to undergo a medical
examination, the investigator may request the
officer to--
(a) undergo a medical examination by a
registered medical practitioner; and
10 (b) provide copies of reports of any medical
examinations or medical tests relating to the
officer that are relevant.
(2) A request under subsection (1)(a) must specify--
(a) the nature of the examination; and
15 (b) details of who will conduct the examination;
and
(c) when the examination must occur.
102 Refusal of officer to undergo medical examination
or provide reports
20 If an investigator requests a judicial registrar or
VCAT officer to undergo a medical examination
or provide reports under section 101, the officer
must undergo the medical examination or provide
the reports.
25 103 Conduct of medical examination
(1) The registered medical practitioner conducting a
medical examination requested under
section 101--
(a) may request the officer to provide a report of
30 any other medical examination or medical
test that is in the officer's possession or
control and is relevant to the investigation;
and
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(b) if the registered medical practitioner
considers it necessary, may request the
officer to undergo a medical test or any other
medical examination by the registered
5 medical practitioner or by any other
registered medical practitioner.
(2) If the registered medical practitioner requests an
officer to provide a report or undergo a medical
examination under subsection (1), the officer must
10 provide the report or undergo the medical
examination.
104 Reports and submissions after medical examination
(1) The registered medical practitioner who conducts
a medical examination requested under section
15 101 must forward to the investigator a report that
sets out--
(a) the results of any medical examination
conducted under this Division; and
(b) the medical practitioner's opinion as to
20 whether the officer has an impairment,
disability, illness or condition that may
significantly affect the performance of the
officer's functions; and
(c) any recommendations of the medical
25 practitioner in connection with the
impairment, disability, illness or condition.
(2) If a judicial registrar or VCAT officer undergoes a
medical examination under this Division, the
investigator must provide the officer with a
30 written notice that--
(a) contains the report provided by the medical
practitioner under subsection (1); and
(b) states whether or not the investigator is
considering whether the officer is suffering
35 from an impairment, disability, illness or
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condition that significantly affects the
performance of the officer's functions; and
(c) states that the officer may make written
submissions to the investigator or obtain
5 another medical report within a period
specified in the notice which must not be less
than 21 days from the date of the notice.
105 Outcome of medical examination
If an officer undergoes a medical examination
10 under this Division, the investigator, in making a
decision under section 96, must have regard to--
(a) the report provided by the medical
practitioner under section 104(1); and
(b) any reports or submissions provided by the
15 officer under section 104 within the time
period specified by the investigator.
Division 4--General powers of investigators
106 Powers of investigator
(1) For the purposes of a hearing conducted by an
20 investigator, the investigator has, and may
exercise, such of the powers conferred by
sections 17, 18, 19, 19A, 19B(2), (2A), (3), (4),
19C, 19D, 19E, 20, 20A, 21 and 21A of the
Evidence (Miscellaneous Provisions) Act 1958
25 that the Commission under subsection (4) permits
the investigator to exercise as if the investigator
were a body of persons to whom the Governor in
Council has issued a commission and the
investigator were the president or chairperson of
30 the Commission.
(2) For the purposes of a hearing conducted by an
investigator, a person is not excused from
answering any question or producing any
document or thing when required by the
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investigator on the ground that the answering of
the question or the production of the document or
thing is prohibited by or under any Act.
(3) For the purposes of a hearing conducted by an
5 investigator, the answering of a question or the
production of a document or thing, when required
by the investigator, does not constitute a breach of
a provision made by or under any Act prohibiting
the disclosure of information of a kind contained
10 in that answer, document or thing.
(4) The Commission may specify the powers that the
investigator has under subsection (1).
107 Extension or referral by investigator
(1) If, in the course of conducting an investigation
15 into a complaint or Part 4 referral, a matter arises
(not being the matter that is the subject of the
investigation) that could, in relation to the officer
being investigated, be a matter to be referred
under section 29, the investigator may extend the
20 investigation to cover that matter.
(2) If, in the course of conducting an investigation
into a complaint or Part 4 referral, a matter arises
that could, in relation to a judicial officer, judicial
registrar or VCAT officer who is not the subject
25 of the investigation, be a matter to be referred
under section 29, the panel may refer the matter to
the Commission to be dealt with as if it were a
referral by a head of jurisdiction.
(3) A referral to the Commission under
30 subsection (2)--
(a) must be made in accordance with section 31;
and
(b) is taken to be a Part 4 referral and must be
dealt with accordingly.
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108 Adjournment of matter
An investigator may adjourn the conduct of an
investigation into a complaint or Part 4 referral
under this Part--
5 (a) if the matter arose in a legal proceeding that
is still on foot; or
(b) if the matter is the subject of an investigation
by the police or any other law enforcement
or regulatory body; or
10 (c) if the matter is the subject of legal
proceedings in any court or tribunal in
Australia; or
(d) for any other appropriate reason.
Division 5--Appointment of investigators
15 109 Appointment of investigators
(1) The Commission may appoint a person to be an
investigator for the purposes of this Part who--
(a) is an Australian lawyer of at least five years'
standing; or
20 (b) is a judicial officer; or
(c) has previously been a judge, associate judge,
master or magistrate of a court of Victoria;
or
(d) is a judge, associate judge, master or
25 magistrate of a court of another State or a
Territory of the Commonwealth; or
(e) has previously been a judge, associate judge,
master or magistrate of a court of another
State or a Territory of the Commonwealth; or
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(f) is a judge, associate judge, master or
magistrate of a court created by the
Parliament of the Commonwealth; or
(g) has previously been a judge, associate judge,
5 master or magistrate of a court created by the
Parliament of the Commonwealth; or
(h) has previously been a Justice of the High
Court.
(2) A person who is a member of the Board must not
10 be appointed as an investigator.
110 Validity of acts and decisions of an investigator
(1) An act or decision of an investigator is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
15 with, the appointment of the investigator; or
(b) a defect or irregularity in, or in connection
with, a complaint or Part 4 referral.
(2) The investigator may correct any record of an act
or decision of the investigator that contains--
20 (a) a clerical mistake; or
(b) an error arising from an accidental slip or
omission; or
(c) a material mistake in the description of any
person, thing or matter referred to in the
25 decision; or
(d) a defect of form.
(3) In this section, an act or decision includes the
holding of an opinion or a referral by the
investigator.
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Division 6--Establishment of official committees
111 Establishment of official committees
For the purposes of delegating functions under
section 7(2) relating to a judicial registrar or
5 VCAT officer, the Commission may, from time to
time, establish an official committee.
112 Membership of official committee
(1) If there is one relevant head of jurisdiction, an
official committee must consist of 3 members
10 appointed by the Commission of whom--
(a) 2 members must be official members, one of
whom is to be the relevant head of
jurisdiction; and
(b) one must be an appointed member.
15 (2) If there are two relevant heads of jurisdiction, an
official committee must consist of 3 members
appointed by the Commission of whom--
(a) 2 members must be official members, each
of whom is to be a relevant head of
20 jurisdiction; and
(b) one must be an appointed member.
(3) If there are more than two relevant heads of
jurisdiction, an official committee must consist of
the members appointed by the Commission who
25 must be--
(a) official members, each of whom is to be a
relevant head of jurisdiction; and
(b) one appointed member.
113 Selection of chairperson
30 The chairperson of an official committee must be
selected by all the members of the committee.
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114 Validity of acts and decisions of an official
committee
(1) An act or decision of an official committee is not
invalid merely because of--
5 (a) a defect or irregularity in, or in connection
with, the appointment of a member of the
official committee; or
(b) a defect or irregularity in, or in connection
with, the constitution of the official
10 committee; or
(c) a defect or irregularity in, or in connection
with, a complaint or Part 4 referral; or
(d) a defect or irregularity in, or in connection
with, a delegation to the official committee.
15 (2) The official committee may correct any record of
an act or decision that contains--
(a) a clerical mistake; or
(b) an error arising from an accidental slip or
omission; or
20 (c) a material mistake in the description of any
person, thing or matter referred to in the
decision; or
(d) a defect of form.
(3) In this section, an act or decision includes the
25 holding of an opinion or a referral by the official
committee or a member of the committee.
__________________
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PART 7--GENERAL PROVISIONS
Division 1--Provision and confidentiality of information
115 Offence to provide false or misleading information
(1) A person must not provide information under
5 Part 4, 5 or 6 to the Commission, an investigating
panel or an investigator that the person knows to
be false or misleading in any material particular.
Penalty: Level 9 imprisonment (6 months
maximum) or 60 penalty units or both.
10 (2) Despite section 7 of the Criminal Procedure Act
2009, proceedings for an offence against this
section may be commenced within the period of
3 years after the commission of the alleged
offence.
15 116 False or misleading information provided by officer
(1) If a judicial officer, judicial registrar or VCAT
officer who is the subject of an investigation into a
complaint, Part 4 referral or health request gives
information to the Commission, an investigating
20 panel or an investigator that the officer believes to
be false or misleading in a material particular, the
Commission may extend the inquiry to cover the
giving of that information.
(2) If a judicial officer, judicial registrar or VCAT
25 officer who is not the subject of an investigation
into a complaint, Part 4 referral or health request
gives information to the Commission that the
officer believes to be false or misleading in a
material particular, the Commission may
30 commence an investigation into that matter as if it
were a referral by a head of jurisdiction.
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117 Confidential information
(1) A relevant person who obtains or receives
information in the course of or as a result of the
performance of the functions of the Commission
5 under section 5(1)(f), an investigating panel or an
investigator under this Act must not disclose that
information except--
(a) for the purposes of the exercise of the
functions of the Commission, investigating
10 panel or investigator; or
(b) in accordance with this Act or any
regulations made under this Act; or
(c) as otherwise required, authorised or
permitted by law.
15 (2) In this section--
relevant person means--
(a) a member or former member of the
Board or an investigating panel; or
(b) an investigator or former investigator;
20 or
(c) a person who is or was engaged or
employed by the Commission; or
(d) a person who is or was employed under
Part 3 of the Public Administration
25 Act 2004 and assigned to assist the
Commission in the exercise of its
functions; or
(e) a prescribed person.
(3) Subsection (1) does not apply to the release of
30 information to the police or any other law
enforcement or regulatory body to the extent
reasonably required for one or more of the
following--
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(a) the prevention, detection, investigation,
prosecution or punishment of criminal
offences or breaches of law imposing a
penalty or sanction;
5 (b) the enforcement of laws relating to the
confiscation of the proceeds of crime;
(c) the protection of the public revenue;
(d) the prevention, detection, investigation or
remedying of seriously improper conduct;
10 (e) the preparation for, or conduct of,
proceedings before any court or tribunal, or
implementation of the orders of a court or
tribunal.
(4) Nothing in subsection (3) is taken to affect the
15 operation of section 118 or is taken to affect the
operation of section 19C of the Evidence
(Miscellaneous Provisions) Act 1958 to the
extent that it relates to a power exercised by an
investigating panel under section 75 or an
20 investigator under section 106.
118 Incriminating information
(1) Despite anything to the contrary in this Act, a
person required under Division 3 of Part 4, 5 or 6
to provide any information, produce any
25 document or thing to the Commission, a registered
medical practitioner, an investigating panel or
investigator or to undergo a medical examination,
is not excused from providing the information or
producing the document or thing, or undergoing
30 the medical examination, on the ground that the
information, or document or thing, or results or
outcome of the medical examination, may tend to
incriminate him or her.
(2) Any information provided or document or thing
35 produced or results or outcome of any medical
examination undergone by a person under
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subsection (1) is not admissible against him or her
in any proceedings, whether civil or criminal, nor
can it be made the ground of any prosecution,
action or suit against him or her other than in
5 proceedings for perjury or giving false
information.
119 Release of information to Attorney-General
(1) The Commission must provide information to the
Attorney-General about any findings,
10 recommendations and the implementation of
recommendations about a judicial officer, judicial
registrar or VCAT officer if a complaint or Part 4
referral about the officer has been--
(a) substantiated; and
15 (b) reported to the relevant head of jurisdiction
of that officer under section 65(1)(d) or
section 96(1)(d) (as the case requires).
(2) The Commission may also provide information to
the Attorney-General about any report about a
20 judicial officer, judicial registrar or VCAT officer
that was provided to a relevant head of
jurisdiction by the Commission, an investigating
panel or an investigator.
(3) The Commission must not disclose any
25 information to the Attorney-General under
subsection (2) in relation to a judicial officer,
judicial registrar or VCAT officer if that
disclosure would be contrary to the public interest
having regard to--
30 (a) protecting the privacy of an individual; and
(b) ensuring a transparent and accountable
process for reviewing the exercise of the
performance of official functions by judicial
officers, judicial registrars and VCAT
35 officers; and
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(c) preventing disruption to the orderly
administration of justice; and
(d) ensuring a transparent and accountable
process for reviewing the exercise of official
5 functions by judicial officers, judicial
registrars and VCAT officers; and
(e) the need to maintain the independence of the
judiciary and VCAT; and
(f) the role of the Attorney-General in
10 protecting the proper administration of
justice; and
(g) the role of the Attorney-General in
recommending appointments of judicial
officers, judicial registrars and VCAT
15 officers; and
(h) any other relevant matter.
(4) Nothing in this section limits the ability or
entitlement of the Attorney-General to be given
any other information by the Commission.
20 120 Release of information to public
(1) If the Commission is of the opinion that the
disclosure of the information is in the public
interest, the Commission may publish information
about--
25 (a) the exercise of the functions of the
Commission, an investigating panel or an
investigator under this Act; and
(b) the implementation of any recommendations
or any other action by a head of jurisdiction
30 under this Act.
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(2) In determining whether to make a public
disclosure under subsection (1), the Commission
must have regard to the public interest in relation
to--
5 (a) protecting the privacy of individuals; and
(b) the need to maintain the independence of the
judiciary and VCAT; and
(c) ensuring a transparent and accountable
process for reviewing the exercise of official
10 functions by judicial officers, judicial
registrars and VCAT officers; and
(d) maintaining longer term public confidence in
the courts of Victoria and VCAT; and
(e) preventing disruption to the orderly
15 administration of justice; and
(f) any other relevant matter.
121 Exemption from Freedom of Information Act 1982
(1) The Freedom of Information Act 1982 does not
apply to a document that is in the possession of
20 the Commission, an investigating panel or an
investigator to the extent to which the document
discloses information that relates to--
(a) a complaint, Part 4 referral or health request;
(b) an investigation, recommendation or referral
25 under Part 4, 5 or 6.
(2) In this section, document has the same meaning as
in the Freedom of Information Act 1982.
122 Exemption from Health Records Act 2001
Part 5 and Health Privacy Principle 6 of the
30 Health Records Act 2001 do not apply to a
document or any information held by the
Commission, an investigating panel or an
investigator under this Act that relates to--
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(a) a complaint, Part 4 referral or health request;
(b) an investigation, recommendation or referral
under Part 4, 5 or 6.
123 Exemption from Information Privacy Act 2000
5 Information Privacy Principle 6 of the
Information Privacy Act 2000 does not apply to
a document or any information held by the
Commission, an investigating panel or an
investigator under this Act that relates to--
10 (a) a complaint, Part 4 referral or health request;
(b) an investigation, recommendation or referral
under Part 4, 5 or 6.
Division 2--Miscellaneous provisions
124 Regulations
15 (1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing the information that must be
included in an annual report of the
Commission;
20 (b) prescribing forms for making complaints;
(c) prescribing the legal costs that may be
reimbursed in respect of a hearing of an
investigating panel or investigator;
(d) prescribing the salary and allowances of
25 persons who are appointed as members of an
investigating panel;
(e) matters of a savings or transitional nature
that may arise out of the repeal of the
Judicial College of Victoria Act 2001;
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(f) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
5 (2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
(c) may require matters in the regulations to
10 be--
(i) in accordance with specified standards
or specified requirements; or
(ii) approved by or to the satisfaction of a
specified person or body or a specified
15 class of persons or bodies; or
(iii) as specified in both subparagraphs (i)
and (ii);
(d) may confer a discretionary authority or
impose a duty on a specified person or body
20 or class of persons or bodies;
(e) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person;
(f) may provide in a specified case or class of
25 cases for the exemption of persons or things
or a class of persons or things from any of
the provisions of the regulations whether
unconditionally or on specified conditions
and either wholly or to such an extent as is
30 specified.
__________________
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 125
Other Acts
PART 8--REPEAL OF JUDICIAL COLLEGE OF VICTORIA
ACT 2001 AND AMENDMENTS TO OTHER ACTS
Division 1--Repeal of Judicial College of Victoria Act 2001
125 Judicial College of Victoria Act 2001 See:
Act No.
20/2001.
5 The Judicial College of Victoria Act 2001 is Reprint No. 1
repealed. as at
10 May 2007
and
amending
Act No.
24/2008.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Amendments to other Acts
126 Children, Youth and Families Act 2005--New See:
Act No.
section 509A inserted 96/2005.
Reprint No. 2
10 After section 509 of the Children, Youth and as at
19 August
Families Act 2005 insert-- 2009
and
"509A Administrative responsibility of President amending
Act Nos
(1) The President is responsible for the effective, 51/2006,
orderly and expeditious exercise of the 77/2008,
4/2009,
15 jurisdiction and powers of the Court. 7/2009,
22/2009,
(2) The President has the power to do all things 26/2009,
50/2009,
necessary or convenient to be done to 68/2009,
perform his or her responsibilities under 69/2009,
6/2010,
subsection (1). 13/2010,
18/2010,
20 (3) Nothing in this section limits the 29/2010,
responsibilities, functions or powers of the 30/2010 and
34/2010.
President under this or any other Act.". LawToday:
www.
legislation.
vic.gov.au
561475B.I-1/9/2010 103 BILL LA INTRODUCTION 1/9/2010
Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 127
Other Acts
127 Children, Youth and Families Act 2005--Repeal of
sections 542G to 542I
Sections 542G, 542H and 542I of the Children,
Youth and Families Act 2005 are repealed.
5 128 Constitution Act 1975--amendment of
section 87AAA
See: (1) In section 87AAA of the Constitution Act 1975
Act No.
8750. the definitions of investigating committee, panel
Reprint No. 19 and qualifying office are repealed.
as at
15 January
10 2009
(2) At the end of section 87AAA of the Constitution
and Act 1975 insert--
amending
Act Nos "(2) In this Part, other than section 87AAJ, a
4/2009,
38/2009, reference to the holder of a judicial office
68/2009, includes a reference to--
69/2009,
15 70/2009,
6/2010,
(a) a coroner appointed under the
34/2010 and Coroners Act 1985 (as in force before
40/2010.
LawToday:
its repeal) who is not a judge of the
www. County Court, a magistrate or an acting
legislation.
vic.gov.au
magistrate;
20 (b) a person appointed under section 94 of
the Coroners Act 2008.".
129 Constitution Act 1975--amendment of
section 87AAB(2)
In section 87AAB(2) of the Constitution Act
25 1975 for "investigating committee appointed
under section 87AAD" substitute "investigating
panel established under section 79 of the Judicial
Commission of Victoria Act 2010.
130 Constitution Act 1975--repeal of sections 87AAC
30 to 87AAH
Sections 87AAC, 87AAD, 87AAE, 87AAF,
87AAG and 87AAH of the Constitution Act
1975 are repealed.
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 131
Other Acts
131 Coroners Act 2008--New section 95A inserted See:
Act No.
After section 95 of the Coroners Act 2008 77/2008
insert-- and
amending
Act Nos
"95A Administrative responsibility of State 77/2008,
5 Coroner 68/2009,
69/2009,
(1) The State Coroner is responsible for the 13/2010,
29/2010,
effective, orderly and expeditious exercise of 34/2010 and
the jurisdiction and powers of the Coroners 43/2010.
LawToday:
Court. www.
legislation.
10 (2) The State Coroner has the power to do all vic.gov.au
things necessary or convenient to be done to
perform his or her responsibilities under
subsection (1).
(3) Nothing in this section limits the
15 responsibilities, functions or powers of the
State Coroner under this or any other Act.".
132 Coroners Act 2008--Repeal of sections 102G to 102I
Sections 102G, 102H and 102I of the Coroners
Act 2008 are repealed.
20 133 County Court Act 1958--New sections 8A and 8B See:
Act No.
inserted 6230.
Reprint No. 14
After section 8 of the County Court Act 1958 as at
1 August 2010
insert-- and
amending
"8A Administrative responsibility of Chief Act No.
25 Judge 34/2010.
LawToday:
(1) The Chief Judge is responsible for the www.
legislation.
effective, orderly and expeditious exercise of vic.gov.au
the jurisdiction and powers of the Court.
(2) The Chief Judge has the power to do all
30 things necessary or convenient to be done to
perform his or her responsibilities under
subsection (1).
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 134
Other Acts
(3) Nothing in this section limits the
responsibilities, functions or powers of the
Chief Judge under this or any other Act.
8B Assignment of duties by Chief Judge
5 (1) The Chief Judge may assign duties to a
judge.
(2) A judge must carry out the duties that are
from time to time assigned to him or her by
the Chief Judge.".
10 134 County Court Act 1958--Sections 17R to 17T
repealed
Sections 17R, 17S and 17T of the County Court
Act 1958 are repealed.
See: 135 Magistrates' Court Act 1989--New section 12A
Act No.
15 51/1989. inserted
Reprint No. 15
as at After section 12 of the Magistrates' Court Act
5 April 2010
and
1989 insert--
amending
Act Nos "12A Administrative responsibility of Chief
51/2006, Magistrate
52/2008,
20 12/2010,
29/2010,
(1) The Chief Magistrate is responsible for the
30/2010, effective, orderly and expeditious exercise of
34/2010 and
40/2010.
the jurisdiction and powers of the Court.
LawToday:
www.
(2) The Chief Magistrate has the power to do all
legislation. things necessary or convenient to be done to
vic.gov.au
25 perform his or her responsibilities under
subsection (1).
(3) Nothing in this section limits the
responsibilities, functions or powers of the
Chief Magistrate under this or any other
30 Act.".
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 136
Other Acts
136 Magistrates' Court Act 1989--Sections 16F to 16H
repealed
Sections 16F, 16G and 16H of the Magistrates'
Court Act 1989 are repealed.
5 137 Supreme Court Act 1986--New Division inserted See:
Act No.
110/1986.
After section 28 of the Supreme Court Act 1986 Reprint No. 6
insert-- as at
28 April 2006
and
"Division 5A--Powers of Chief Justice amending
Act Nos
48/2006,
28AAA Administrative responsibility of Chief 24/2007,
10 Justice 8/2008,
9/2008,
(1) The Chief Justice is responsible for the 23/2008,
24/2008,
effective, orderly and expeditious exercise of 78/2008,
the jurisdiction and powers of the Court. 4/2009,
9/2009,
50/2009,
(2) The Chief Justice has the power to do all 68/2009,
15 things necessary or convenient to be done to 69/2009,
11/2010,
perform his or her responsibilities under 30/2010,
subsection (1). 34/2010 and
40/2010.
(3) Nothing in this section limits the LawToday:
www.
responsibilities, functions or powers of the legislation.
20 Chief Justice under this or any other Act. vic.gov.au
28AAB Assignment of duties by Chief Justice
(1) The Chief Justice may assign duties to a
Judge of the Court.
(2) A Judge of the Court must carry out the
25 duties that are from time to time assigned to
him or her by the Chief Justice.".
138 Supreme Court Act 1986--sections 113I, 113J
and 113K repealed
Sections 113I, 113J and 113 K of the Supreme
30 Court Act 1986 are repealed.
561475B.I-1/9/2010 107 BILL LA INTRODUCTION 1/9/2010
Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 139
Other Acts
See: 139 Victorian Civil and Administrative Tribunal
Act No. Act 1998--Sections 22 to 24 repealed
53/1998.
Reprint No. 6 Sections 22, 23 and 24 of the Victorian Civil and
as at
1 January Administrative Tribunal Act 1998 are repealed.
2009
and
amending
Act Nos
46/2008,
76/2008,
78/2008,
6/2009,
14/2009,
21/2009,
68/2009,
69/2009,
6/2010,
11/2010,
13/2010,
16/2010,
23/2010,
36/2010 and
39/2010.
LawToday:
www.
legislation.
vic.gov.au
5 Division 3--Repeal of Divisions 1, 2 and this Division
140 Repeal of Divisions 1, 2 and 3
Divisions 1, 2 and this Division are repealed on
1 January 2013.
Note
10 The repeal of Divisions 1, 2 and this Division does not affect the
continuing operation of the amendments made by those Divisions
(see section 15(1) of the Interpretation of Legislation Act 1984).
Division 4--Transitional and savings
141 Saving of effect of Interpretation of Legislation
15 Act 1984
Unless the contrary intention appears, this
Division does not affect or limit the operation of
the Interpretation of Legislation Act 1984.
561475B.I-1/9/2010 108 BILL LA INTRODUCTION 1/9/2010
Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 142
Other Acts
142 Transitional provisions
(1) On the commencement of section 125--
(a) the Judicial College of Victoria is abolished;
and
5 (b) the Judicial Commission of Victoria is the
successor in law of the Judicial College of
Victoria; and
(c) all rights, assets, liabilities and obligations of
the Judicial College of Victoria immediately
10 before its abolition become rights, assets,
liabilities and obligations of the Judicial
Commission of Victoria; and
(d) all moneys standing to the credit of the
Judicial College of Victoria become moneys
15 standing to the credit of the Judicial
Commission of Victoria; and
(e) the Judicial Commission of Victoria is
substituted as a party in any proceeding,
contract, agreement or arrangement
20 commenced or made by or against or in
relation to the Judicial College of Victoria;
and
(f) the Judicial Commission of Victoria may
continue and complete any other continuing
25 matter or thing commenced by or against or
in relation to the Judicial College of Victoria.
(2) Despite subsection (1), a person holding office as
a director of the board of the Judicial College of
Victoria immediately before the commencement
30 of section 125 continues to hold office as a
member of the Board of the Judicial Commission
of Victoria for the balance of his or her term of
appointment, subject to this Act.
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 143
Other Acts
(3) Despite section 20, the person who, immediately
before the commencement of section 125, was the
chief executive officer of the Judicial College of
Victoria under the Judicial College of Victoria
5 Act 2001, is taken to be the Chief Executive
Officer, appointed under section 20(1), of the
Judicial Commission of Victoria and to hold that
office, subject to this Act--
(a) on the same terms and conditions of
10 appointment as those that applied to that
person as chief executive officer of the
Judicial College of Victoria; and
(b) until the expiration of that person's term of
appointment.
15 (4) Nothing in this section prevents the Chief
Executive Officer from resigning, or the
termination of the Chief Executive Officer's
appointment, at any time after the commencement
of this Act in accordance with this Act.
20 (5) On and after the commencement of section 125,
any reference in any Act (other than this Act),
regulation, subordinate instrument or any other
document to the Judicial College of Victoria Act
2001 is taken to be a reference to this Act, unless
25 the contrary intention appears.
143 Transitional provision for matters referred under
the Constitution Act 1975
Any matter that was referred to an investigating
committee under section 87AAD of the
30 Constitution Act 1975 before the commencement
of section 125 may be continued to be
investigated by that committee under Part IIIAA
of the Constitution Act 1975 and Part IIIAA
continues to apply in respect of that investigation
35 as if this Act were not in force.
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Judicial Commission of Victoria Bill 2010
Part 8--Repeal of Judicial College of Victoria Act 2001 and amendments to
s. 144
Other Acts
144 Transitional provision for conduct occurring before
commencement of section 125
This Act applies to a complaint, Part 4 referral or
health request that is made on or after the
5 commencement of section 125 irrespective of
when the grounds for the complaint, Part 4 referral
or health request are alleged to have occurred.
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Judicial Commission of Victoria Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561475B.I-1/9/2010 112 BILL LA INTRODUCTION 1/9/2010
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