Judicial Commissions Act 1994

If the council is satisfied on reasonable grounds that a complaint is wholly or partly substantiated, the council must—

if the complaint could justify parliamentary consideration of the removal of the judicial officer—make a recommendation under section 17 (Council recommendation—appointment of commission); or

if the complaint could not justify parliamentary consideration of the removal of the judicial officer—refer the complaint under section 35C (Refer complaint to head of jurisdiction).

If the council substantiates a complaint, the council must—

prepare a report of its examination; and

give the report to—

if subsection (1) (a) applies—the Executive; or

if subsection (1) (b) applies—the head of jurisdiction.

A report must—

set out the council’s findings on material questions of fact; and

refer to the evidence or other material on which those findings were based; and

set out the council’s reasons for substantiating the complaint.

The council must give a copy of the report to the judicial officer concerned and, in the case of notice by a member of the Legislative Assembly, to the member.

The council may give a copy of the report, or a summary of the report, to the complainant.

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