Judicial Council Act 2019

Functions of Board

11. (1) Subject to section 7 (5), the functions of the Council shall be performed by the Board on behalf of the Council in accordance with such directions (if any) as the Council may give to the Board and, without prejudice to the generality of the foregoing, the Board—

(a) shall consider and determine policy in relation to the performance of those functions,

(b) shall oversee the implementation of that policy by the Secretary,

(c) may of its own volition submit a proposal, report or recommendation to the Council in relation to any of the functions of the Council and shall do so upon a request from the Council in relation to any of those functions or any other matter,

(d) shall review—

(i) draft personal injuries guidelines prepared by the Personal Injuries Guidelines Committee and submitted by it to the Board under section 18 (2)(a), and

(ii) draft amendments to personal injuries guidelines prepared by that Committee and submitted by it to the Board under section 18 (2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(e) shall review—

(i) draft sentencing guidelines prepared by the Sentencing Guidelines and Information Committee and submitted by it to the Board under section 23 (2)(a), and

(ii) draft amendments to sentencing guidelines prepared by that Committee and submitted by it to the Board under section 23 (2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(f) shall review—

(i) draft guidelines concerning judicial conduct and ethics prepared by the Judicial Conduct Committee and submitted by it to the Board under section 43 (3)(d), and

(ii) draft amendments to guidelines concerning judicial conduct and ethics prepared by that Committee and submitted by it to the Board under section 43 (3)(e),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate.

(2) The Board shall have all such powers as are necessary or expedient for the performance of its functions, including the power to—

(a) delegate such of its functions as it considers appropriate to the Secretary, and

(b) refer any matter to a committee for its consideration.

(3) The Board may perform any of its functions through or by any member of the staff of the Council duly authorised in that behalf by the Board.