Judicial Council Act 2019
|
Chapter 5 Investigation of complaints | ||
|
Referral of complaint by Judicial Conduct Committee to panel of inquiry | ||
|
64. (1) The Judicial Conduct Committee shall, where it decides to refer a complaint to a panel of inquiry under subsection (1)(b), (3) or (4) of section 60 , appoint a panel of inquiry to investigate the complaint. | ||
(2) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that section) to the judge concerned shall inform him or her— | ||
(a) of the referral of a complaint to a panel of inquiry for investigation, | ||
(b) of the particulars of the complaint, including any evidence in support of the complaint, and | ||
(c) that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint, he or she is entitled— | ||
(i) either in person or through his or her representative to attend and defend himself or herself at the hearing, and | ||
(ii) to request— | ||
(I) where no direction is given under section 68 (5), that some or all of the hearing be conducted otherwise than in public, or | ||
(II) where a direction is given under section 68 (5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public. | ||
(3) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that subsection) to the complainant shall inform him or her that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint he or she is entitled to request— | ||
(a) where no direction is given under section 68 (5), that some or all of the hearing be conducted otherwise than in public, or | ||
(b) where a direction is given under section 68 (5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public. | ||
(4) The Judicial Conduct Committee shall not accede to a request under subsection (2)(c)(ii) or (3) in the absence of reasonable and sufficient cause. |