Judicial Appointments Commission Act 2023

Prohibition on canvassing

41. (1) An applicant shall not, in relation to the process of selection and recommendation (including any step that may be taken in consequence of such a recommendation) of persons for appointment or for nomination for appointment or election to the judicial office to which his or her application relates—

(a) canvass, or attempt to canvass, support for his or her application from any person involved in that process,

(b) attempt to improperly influence a decision of any person in that process,

(c) otherwise interfere with or compromise that process in any way, or

(d) procure or counsel another person, on his or her behalf, to engage in the conduct referred to in paragraph (a), (b) or (c).

(2) A person who contravenes subsection (1) shall be disqualified and excluded from the process and shall not be recommended for appointment or nominated for appointment or election, as the case may be, or appointed, to the judicial office concerned.

(3) A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a class A fine.

(4) In this section, a reference to improperly influencing a decision of any person in the process shall be construed as a reference to influencing such a decision other than by means of the taking of any legitimate steps in the process, the effect of which may be to influence another.