Judicial Council Act 2019

Failure or refusal by judge concerned to cooperate with panel of inquiry

71. (1) Where the judge concerned fails or refuses without reasonable excuse to cooperate with an investigation of a complaint under this Chapter, the panel of inquiry may, if it considers it appropriate in all the circumstances, decide to discontinue the investigation.

(2) If an investigation is discontinued under subsection (1), the panel of inquiry shall prepare, and submit to the Judicial Conduct Committee, a report in writing setting out the circumstances of the failure or refusal of the judge concerned to cooperate and—

(a) shall recommend the issuing of a reprimand to the judge concerned in respect of his or her failure or refusal to cooperate, and

(b) may make such recommendations as the panel of inquiry considers necessary for the purposes of safeguarding the administration of justice.

(3) Without prejudice to the generality of subsection (2)

(a) a recommendation under paragraph (a) of that subsection shall provide for one or more of the following:

(i) the issuing of advice to the judge concerned;

(ii) the making of a recommendation to the judge concerned as to a course of action to be pursued by that judge, including his or her attendance at a specified type of course or training;

(iii) the issuing of an admonishment to the judge concerned,


(b) a recommendation under paragraph (b) of that subsection may include a recommendation to which section 76 (6) applies.

(4) Sections 77 and 78 shall, with any necessary modifications, apply to a report of a panel of inquiry under subsection (2) as they apply to an interim report or a final report of a panel of inquiry referred to in those sections.

(5) The Judicial Conduct Committee shall consider the report received from the panel of inquiry under subsection (2) and shall make such determination in relation to the investigation of the complaint concerned as it considers appropriate and, in doing so, may accept, with or without modification, or reject any recommendation contained in that report.

(6) The Registrar shall, as soon as practicable after the Judicial Conduct Committee makes a determination under subsection (5), notify the judge concerned and the complainant in writing of—

(a) the determination of the Judicial Conduct Committee, and

(b) the reasons therefor.