Judicial Council Act 2019

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Determination of complaint by Judicial Conduct Committee

79. (1) The Judicial Conduct Committee shall, as soon as practicable after receiving a report under section 76 from a panel of inquiry in relation to a complaint that was the subject of an investigation, notify the complainant and the judge concerned in writing that he or she may make submissions, in writing or orally, to the Committee within such period as is specified in the notification in relation to the recommendations that may be included in the report under subsection (3) of that section.

(2) The Judicial Conduct Committee shall, as soon as practicable after the expiration of the period specified in a notification under subsection (1)—

(a) consider—

(i) the report received from the panel of inquiry under section 76 , and

(ii) any submissions made by the complainant or the judge concerned pursuant to a notification under subsection (1),

and

(b) make such determination of the complaint concerned as it considers appropriate, including whether or not the complaint has been substantiated.

(3) The Judicial Conduct Committee may, for the purposes of—

(a) assisting it in making a decision under subsection (2), or

(b) observing fair procedures,

conduct a hearing in relation to a complaint that has been the subject of an investigation to which a report under section 76 relates if, having regard to all the circumstances, it considers it appropriate to do so.

(4) The Registrar shall notify the judge concerned and the complainant in writing of the date, time and place of a hearing under subsection (3) in sufficient time for the judge concerned and the complainant to prepare for the hearing.

(5) Subsections (5) to (7) of section 68 shall apply to a hearing under subsection (3) as they apply to a hearing of a complaint under that section with the following and any other necessary modifications:

(a) references to a panel of inquiry shall be construed as references to the Judicial Conduct Committee;

(b) references to the registrar to the panel of inquiry shall be construed as references to the Registrar.

(6) Section 69 shall apply for the purposes of a hearing under subsection (3) as it applies to the investigation of a complaint under this Chapter by a panel of inquiry subject to the modification that references in that section to a panel of inquiry shall be construed as references to the Judicial Conduct Committee.

(7) A determination under subsection (2)(b)—

(a) shall be in writing,

(b) shall give the reasons for the determination, and

(c) may include any one or more of the matters referred to in subsection (5) or (6) of section 76 .

(8) In considering the report of a panel of inquiry and issuing a determination under subsection (2), the Judicial Conduct Committee may accept, with or without modification, or reject any recommendation contained in the report submitted by the panel of inquiry to the Judicial Conduct Committee under section 76 .

(9) Where a determination made by the Judicial Conduct Committee under subsection (2) requires no action to be taken by the judge concerned or is to the effect that the complaint has not been substantiated, the determination shall specify that the investigation of the complaint is concluded.

(10) Where a determination made by the Judicial Conduct Committee under subsection (2) requires the judge concerned to take any action, the Judicial Conduct Committee may—

(a) require the judge concerned to report to the Judicial Conduct Committee in the manner specified by that Committee regarding his or her compliance with the requirement, and

(b) adjourn the matter for such period as the Committee considers appropriate and at the end of that period ascertain whether or not the determination has been complied with by the judge concerned.

(11) The Registrar shall, as soon as practicable after the Judicial Conduct Committee makes a determination under subsection (2), notify the judge concerned and the complainant in writing of—

(a) the determination of the Judicial Conduct Committee,

(b) the reasons therefor, and

(c) where a matter has been adjourned under subsection (10)(b), the manner in which the judge is to report to the Judicial Conduct Committee and the period within which he or she shall do so.

(12) Where the Judicial Conduct Committee receives a report from the judge concerned under subsection (10)(a) and is of opinion that the determination has been complied with, it shall notify the judge concerned and the complainant in writing that the investigation of the complaint is concluded.

(13) Where the Judicial Conduct Committee—

(a) does not receive a report from the judge concerned under subsection (10)(a) within the period specified by the Judicial Conduct Committee under subsection (11)(c), or

(b) receives a report from the judge concerned under subsection (10)(a) but is not satisfied that the determination has been complied with,

the Committee may take such further action as it considers appropriate in all the circumstances, including the making under section 80 of a referral within the meaning of that section to the Minister in relation to the judge concerned.

(14) Where a hearing relating to the investigation of a complaint has been held in public, the Judicial Conduct Committee shall publish, or cause to be published, a determination under subsection (2).

(15) Where a hearing relating to the investigation of a complaint has been held in whole or in part otherwise than in public, the Judicial Conduct Committee may, for the purposes of safeguarding the administration of justice, decide to publish, or cause to be published, a determination under subsection (2) taking account of the extent to which the identities of the judge concerned and of the complainant or either of them have already been made public.