Judicial Commissions Act 1994

If the council is satisfied on reasonable grounds that a complaint is wholly or partly substantiated under section 35J (1) (a) (Substantiation of complaint by council) the council must—

recommend, in writing, that the Executive appoint a judicial commission to examine the complaint; and

give the Executive the report mentioned in section 35J.

The council must also give written notice of a recommendation under subsection (1) (a) to—

the complainant or the member of the Legislative Assembly (as the case requires); and

the subject of the complaint; and

if the subject of the complaint is not a head of jurisdiction—the relevant head of jurisdiction.

Note For how documents may be given, see the Legislation Act, pt 19.5.

If the Executive receives a recommendation from the council under this section the Executive must appoint a judicial commission to examine and report on the complaint.