Judicial Council Act 2019
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Review of determination that complaint, or part of complaint, is inadmissible | ||
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56. (1) Where the Registrar determines under section 53 that a complaint is inadmissible, the complainant may seek a review of the determination by request in writing in that behalf to the Registrar not later than 30 days after the date of receiving notification of that determination. | ||
(2) Where the Registrar receives a request for a review of a determination that a complaint is inadmissible, the Registrar shall refer the complaint to the Complaints Review Committee and he or she shall notify the complainant and the judge concerned in writing that the complaint has been so referred. | ||
(3) The Complaints Review Committee shall consider a complaint referred to it under subsection (2) and shall determine in accordance with subsections (2) and (3) of section 53 whether or not the complaint is admissible in whole or in part and, if that Committee determines that the complaint is admissible in part only, identify the part of the complaint that is admissible (which, following that determination, is deemed to constitute the complaint for the purposes of this Act). | ||
(4) Where the Complaints Review Committee is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51 , that Committee shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60 . | ||
(5) The Complaints Review Committee shall notify the Registrar in writing of its determination under subsection (3), or a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), and the reasons therefor. | ||
(6) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint, or a part of a complaint, is admissible or of a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), the Registrar shall, as soon as practicable thereafter, notify the complainant, the judge concerned and the Judicial Conduct Committee in writing of the determination or referral, as the case may be, and the reasons therefor. | ||
(7) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint is inadmissible, the Registrar shall— | ||
(a) notify the complainant and the judge concerned in writing of the determination of the Complaints Review Committee and the reasons therefor, and | ||
(b) take no further action in relation to the complaint. | ||
(8) This section shall apply, with any necessary modifications, to a part of a complaint that is determined by the Registrar under section 53 (4) to be inadmissible. |