Victorian Current Acts

JUDICIAL COMMISSION OF VICTORIA ACT 2016

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Disclosure considerations  

   PART 2--COMPLAINTS AND REFERRALS

   5.      Complaints  
   6.      Complaints by professional bodies  
   7.      Referrals by head of jurisdiction  
   8.      Referrals by Attorney-General  
   9.      Referrals by the IBAC  
   10.     Complaint or referral may be made despite other proceeding  
   11.     Notification to the IBAC does not affect complaint or referral  
   12.     Officer concerned not required to disqualify themselves from proceeding  

   PART 3--INVESTIGATIONS BY THE JUDICIAL COMMISSION

           Division 1--Procedure in investigating complaints and referrals by Judicial Commission

   13.     Outcome of consideration of matter by Judicial Commission  
   14.     Officer concerned to be given opportunity to respond if matter to be referred  
   15.     Consultation with head of jurisdiction  
   16.     Dismissal of complaints and referrals by Judicial Commission  
   17.     Withdrawal of complaints and referrals  
   18.     Judicial Commission must adjourn investigation of certain complaints or referrals  
   19.     Referral to investigating panel, nominated head of jurisdiction or nominated person  

           Division 2--Notifications by Judicial Commission

   20.     Notification of head of jurisdiction  
   21.     Notification of officer concerned  
   22.     Notification of Attorney-General  
   23.     Notification of complainant  
   24.     Content of notice relating to assessable disclosures  

           Division 3--Notifications to the IBAC and the Victorian Inspectorate

   25.     Mandatory notification of corrupt conduct to the IBAC  
   26.     Mandatory notification to the Victorian Inspectorate  

           Division 4--General powers and procedures of Judicial Commission

   27.     Request for further information  
   28.     Powers as to court or tribunal documents  
   29.     Requirement to undergo medical examination  
   30.     Effect of failure to undergo medical examination  
   31.     Power to adjourn investigation  
   32.     Considerations when matter the subject of other investigation or legal proceedings  

   PART 4--INVESTIGATIONS BY AN INVESTIGATING PANEL

           Division 1--Investigating panel procedure

   33.     Role of investigating panel  
   34.     Outcome of investigating panel investigation  
   35.     Dismissal of complaints and referrals by investigating panel  
   36.     An investigating panel must adjourn investigation of certain complaints or referrals  
   37.     Constitution of an investigating panel for making decisions  
   38.     Consultation with head of jurisdiction  
   39.     Report to Governor  
   40.     Report to Attorney-General  
   41.     Referral to nominated head of jurisdiction or nominated person  
   42.     Requirements before making a report  
   43.     Notification of officer concerned and Judicial Commission  
   44.     Notification of head of jurisdiction  
   45.     Notification of Attorney-General  
   46.     Notification of complainant  
   47.     Content of notice relating to assessable disclosures  

           Division 2--Notifications to the IBAC and the Victorian Inspectorate

   48.     Notification to the IBAC by an investigating panel  
   49.     Notification to the Victorian Inspectorate by an investigating panel  
   50.     Extension or referral of matter  

   PART 5--INVESTIGATION POWERS AND PROCEDURES

           Division 1--General powers and procedures of investigating panels

   51.     Investigating panel proceedings  
   52.     General requirements  
   53.     Investigating panel may engage Australian lawyer to assist  
   54.     Request for further information  
   55.     Hearings and written submissions  
   56.     Powers as to court or tribunal documents  
   57.     Requirement to undergo medical examination  
   58.     Effect of failure to undergo medical examination  
   59.     Power to adjourn investigation  
   60.     Considerations when matter the subject of other investigation or legal proceedings  

           Division 2--Hearings

   61.     Notice of hearing  
   62.     Hearing procedure  
   63.     Offence to be present at closed hearing  
   64.     Protection of lawyers and witnesses  
   65.     Notification of certain matters to the Judicial Commission  
   66.     Notification of certain matters to the Victorian Inspectorate  
   67.     Copies of particular guidelines to be provided to Victorian Inspectorate  
   68.     Request for information by the Victorian Inspectorate  

           Division 3--Additional powers

   69.     Power to require production of documents  
   70.     Witness summons  
   71.     Content and form of witness summons  
   72.     Witness summons directed to person under 16 years  
   73.     Service of witness summons  
   74.     Supreme Court may order service by other means  
   75.     Witness already held in custody  
   76.     Specific provisions relating to witnesses  
   77.     Actions to be taken before questioning of a witness or requiring production of a document or other thing  
   78.     Power to examine on oath or affirmation  
   79.     Offence for summoned witness to fail to attend hearing  
   80.     Offence for summoned witness to refuse or fail to answer question  
   81.     Offence for summoned witness to fail to produce document or thing  
   82.     Offence for summoned witness to fail to take oath or make affirmation  
   83.     Allowances for compliance with witness summons  

           Division 4--Search warrant powers

   84.     Search warrant  
   85.     Search warrant in relation to court or VCAT premises  
   86.     Procedure for executing a search warrant  
   87.     Copies or receipts to be given for documents or other things  
   88.     Return of documents and other things  
   89.     Assistance in executing search warrants  

           Division 5--Privilege

   90.     Privilege against self-incrimination abrogated  
   91.     Journalist privilege does not apply  
   92.     Procedure for determining claims of privilege—notice requiring production or witness summons  
   93.     Procedure for determining privilege—search warrants  
   94.     Application to Supreme Court to determine privilege  
   95.     Determination of claim  
   96.     Offence to open sealed envelope or have access to document or thing  

   PART 6--FURTHER PROVISIONS FOR INVESTIGATIONS

           Division 1--Standing down

   97.     Standing down of certain judicial officers or non‑judicial members of VCAT by principal head of jurisdiction  
   98.     Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel  
   99.     Effect of standing down of certain judicial officers and non‑judicial members of VCAT  
   100.    Effect of standing down of judicial officer under section 98(2)(b)  
   101.    Consultation requirements  
   102.    Alteration to or revocation of standing down  
   103.    Reinstatement of officers concerned  

           Division 2--Relevant council of judges procedure for standing down determination

   104.    Determination by relevant council of judges  
   105.    Meeting of relevant council of judges to make determination  

           Division 3--Process for medical examinations

   106.    Conduct of medical examination  
   107.    Report after medical examination  
   108.    Further medical report may be provided by officer  

           Division 4--Nominating head of jurisdiction or other person

   109.    Power to nominate additional head of jurisdiction  
   110.    Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate  

           Division 5--Statement of reasons

   111.    Person not entitled to statement of reasons  

           Division 6--Costs

   112.    Costs  

   PART 7--ACTION TO BE TAKEN ON REFERRAL BY JUDICIAL COMMISSION OR AN INVESTIGATING PANEL

           Division 1--Preliminary

   113.    Definition  
   114.    Functions of head of jurisdiction not limited  

           Division 2--Referrals and reports to nominated head of jurisdiction or nominated person

   115.    Actions on receiving Judicial Commission report  
   116.    Matters to be taken into account in making decision as to action  
   117.    Procedures on making a decision as to action  
   118.    Where there is more than one nominated head of jurisdiction  
   119.    Notice of action to be given to complainant or referrer  

           Division 3--Report as to removal of non‑judicial member of VCAT

   120.    Power to recommend removal of non-judicial member of VCAT on receiving report  
   121.    Power of Governor in Council to remove non‑judicial member of VCAT  

   PART 8--ADMINISTRATION

           Division 1--The Judicial Commission and the Board

   122.    Delegation by Judicial Commission  
   123.    Acting judicial members of the Board  
   124.    Acting appointed members of the Board  
   125.    Meetings of the Board  
   126.    Decisions and proceedings of the Board  
   127.    Application of provisions of Part 5 of the Public Administration Act 2004  

           Division 2--Director and staff of Judicial Commission

   128.    Appointment of Director  
   129.    Functions of Director  
   130.    Removal of Director from office  
   131.    Delegation by Director  
   132.    Acting Director  
   133.    Engagement of consultants  

           Division 3--Guidelines and reports

   134.    Guidelines  
   135.    Annual report of the Judicial Commission  

           Division 4--Miscellaneous

   136.    Immunity of members of the Board  
   137.    Immunity of member of an investigating panel  
   138.    Use and disclosure of information  
   139.    Release of information to public  

   PART 9--GENERAL

   140.    Vexatious complainants  
   141.    Offence to make statement which is false or misleading  
   142.    Disclosure of information  
   143.    Exemption from Freedom of Information Act 1982  
   144.    Exemption from Health Records Act 2001  
   145.    Exemption from Privacy and Data Protection Act 2014  
   146.    Regulations  
   147.     Savings and transitional provisions  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES