Judicial Council Act 2019

Conduct of investigation

68. (1) A panel of inquiry shall, in accordance with this section, investigate a complaint referred to it under section 60 .

(2) For the purposes of the investigation of a complaint under this section, a panel of inquiry may seek such information or documents relating to the complaint as it considers appropriate.

(3) A panel of inquiry may conduct a hearing in connection with its investigation of a complaint.

(4) The registrar to a panel of inquiry shall notify the judge concerned and the complainant in writing of the date, time and place of a hearing under subsection (3) in sufficient time for the judge concerned and the complainant to prepare for the hearing.

(5) A hearing of a complaint before a panel of inquiry shall be conducted in public unless the Judicial Conduct Committee directs that in order to safeguard the administration of justice the hearing should be conducted in whole or in part otherwise than in public.

(6) At a hearing of a complaint before a panel of inquiry—

(a) the registrar to the panel of inquiry shall present particulars of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a right to cross-examine witnesses and call evidence in defence and reply.

(7) Any member of a panel of inquiry investigating a complaint, or the registrar to the panel of inquiry, may administer an oath for the purposes of the investigation of the complaint.