Judicial Council Act 2019

Withdrawal of complaint while it is being investigated by panel of inquiry

74. (1) Where a complaint is withdrawn by the complainant during the course of an investigation under this Chapter, the panel of inquiry appointed to conduct the investigation may, with the consent of the Judicial Conduct Committee, either—

(a) decide that no further action should be taken in relation to the complaint, or

(b) decide to proceed with the investigation as if the complaint had not been withdrawn.

(2) Where a panel of inquiry makes a decision under subsection (1)(b), the panel of inquiry shall continue with the investigation of the complaint concerned as if that complaint had not been withdrawn and that investigation shall be deemed to have been initiated under section 59 and treated for all purposes as having been so initiated.

(3) The Registrar shall notify the complainant and the judge concerned in writing of a decision under subsection (1) as soon as practicable after the making of the decision.