Judicial Council Act 2019

Failure or refusal by complainant to cooperate with panel of inquiry

70. (1) Where, at any time during the course of an investigation, a panel of inquiry investigating a complaint under this Chapter, considers that the complainant has failed or refused to make reasonable efforts to cooperate with the investigation, the panel of inquiry shall prepare, and submit to the Judicial Conduct Committee, a report of such failure or refusal to cooperate and may suspend its investigation pending receipt of a direction from the Judicial Conduct Committee under subsection (2).

(2) The Judicial Conduct Committee shall, after considering a report received by it under subsection (1), give a direction to the panel of inquiry to—

(a) proceed with the investigation to which the report relates, or

(b) discontinue that investigation.

(3) If the Judicial Conduct Committee directs a panel of inquiry under subsection (2) to discontinue the investigation of a complaint—

(a) the complaint shall be deemed to have been withdrawn by the complainant and no further action shall be taken in relation thereto, and

(b) the Registrar shall notify the complainant and the judge concerned thereof in writing.