Judicial Commission Act 2020

This Act may be cited as the Judicial Commission Act 2020.

This Act commences on the day fixed by the Administrator by Gazette notice.

In this Act:

approved form, means a form approved under section 77.

community member means the following:

in relation to the Judicial Commission – a member of the Judicial Commission appointed under section 8;

in relation to an investigation panel – a member of the investigation panel appointed under section 24(3).

complaint means a complaint made under section 40.

head of jurisdiction means the following:

in relation to a Supreme Court Judge – the Chief

Justice;

in relation to an Associate Judge – the Chief

Justice;

in relation to a Local Court Judge – the Chief Judge;

in relation to a member of NTCAT – the President of

NTCAT.

investigation panel means an investigation panel established under section 21.

Judicial Commission means the Judicial Commission established under section 5.

judicial officer means the following:

a Supreme Court Judge;

an Associate Judge;

a Local Court Judge, including a Local Court Judge acting as a coroner;

the President of NTCAT;

a Deputy President of NTCAT.

ordinary member of NTCAT means a member of NTCAT appointed under section 16 of the Northern Territory Civil and

Administrative Tribunal Act 2014.

principal officer means the principal officer of the

Judicial Commission appointed under section 39(2).

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 4

Part

IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2 Judicial Commission and investigation panels

Division 1 Judicial

Commission

The Judicial Commission is established.

The Judicial Commission has the following functions:

to receive complaints regarding the behaviour or the physical or mental capacity of judicial officers and ordinary members of NTCAT;

to investigate and make determinations of fact in relation to complaints as appropriate;

to refer complaints to the heads of jurisdiction or establish investigation panels as appropriate;

to make recommendations in relation to complaints it refers to the heads of jurisdiction;

to assist and support any investigation panel it establishes;

to perform any other functions conferred on it by this or any other Act.

Note for section 6

The Judicial Commission is only an investigatory body and has no power to discipline a judicial officer or an ordinary member of NTCAT.

The Judicial Commission consists of the following members:

the Chief Justice;

the Chief Judge;

the President of NTCAT;

the President of the Council of the Law Society Northern

Territory;

at least one but not more than 2 community members appointed under section 8.

The Chief Justice is the chairperson of the Judicial Commission.

The Administrator may appoint a person to be a community member of the Judicial Commission.

To be eligible to be appointed as a community member of the

Judicial Commission, a person must be:

of high standing in the community; and

nominated by the Minister; and

not ineligible under subsection (3).

The following persons are ineligible to be appointed as a community member:

a lawyer;

a judicial officer or a person who was formerly a judicial officer;

an ordinary member of NTCAT or a person who was formerly an ordinary member of NTCAT;

a person who holds office, or formerly held office, as a member of another administrative or civil tribunal in the Territory;

a person who holds office, or formerly held office, as a judge or a member of an administrative or civil tribunal in a State or another

Territory;

a member of the Legislative Assembly or a person who was formerly a member of the Legislative Assembly.

The Minister must consult with the Chief Justice and the Chief

Judge before nominating a person for appointment as a community member of the Judicial Commission.

A community member of the Judicial Commission holds office for the period, not exceeding 5 years, specified in the member's appointment.

A community member of the Judicial Commission may be reappointed, if still eligible, for one further period not exceeding

5 years.

A community member of the Judicial Commission holds office on the conditions determined by the Administrator.

The appointment of a person as a community member is taken to be terminated if the person:

ceases to be eligible for appointment; or

resigns by giving written notice to the Administrator.

The Administrator must terminate the appointment of a person as a community member if the person:

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the person's creditors or makes an assignment of remuneration for their benefit;

or

becomes mentally incapacitated or is being treated under the

Mental Health and Related Services Act 1998; or

is found guilty of an offence that is punishable by imprisonment for 12 months or more.

The Administrator may terminate the appointment of a person as a community member for incompetence or misbehaviour.

To avoid doubt, subsections (1), (2) and (3) apply to an acting community member.

The Chief Justice may appoint a Supreme Court Judge to act as a member and acting chairperson of the Judicial Commission during a period, or all periods, when the Chief Justice is unable or unavailable to perform the functions or exercise the powers of a member of the Judicial Commission.

The Chief Judge may appoint a Deputy Chief Judge or another

Local Court Judge to act as a member of the Judicial Commission during a period, or all periods, when the Chief Judge is unable or unavailable to perform functions or exercise powers of a member of the Judicial Commission.

The President of NTCAT may appoint a Deputy President of the

NTCAT to act as a member of the Judicial Commission during a period, or all periods, when the President is unable or unavailable to perform functions or exercise powers of a member of the Judicial

Commission.

The President of the Council of the Law Society Northern

Territory may appoint another member of the Council of the Law

Society Northern Territory to act as a member of the Judicial

Commission during a period, or all periods, when the President of the

Law Society Northern Territory is unable or unavailable to perform functions or exercise powers of a member of the Judicial Commission.

The Administrator may appoint a person eligible for appointment as a community member to act as a community member of the Judicial

Commission during a period, or all periods, when a community member of the Judicial Commission is unable or unavailable to perform functions or exercise powers of a member of the Judicial Commission.

An acting member of the Judicial Commission appointed by the

Administrator under subsection (5) holds office on the conditions determined by the Administrator.

A member of the Judicial Commission must not perform any function or exercise any power under this Act in relation to a complaint if the member is the complainant or is the subject of the complaint.

If a member of the Judicial Commission is the complainant, the person appointed as the acting member under section 10 must perform the functions and exercise the powers of the member until the complaint is finally resolved.

If the Chief Justice is the subject of a complaint, the next most senior Judge of the Supreme Court must act as a member and the chairperson of the Judicial Commission until the complaint is finally resolved.

If the Chief Judge or the President of NTCAT is the subject of a complaint, no one must perform the functions or exercise the powers of that member until the complaint is finally resolved.

To avoid doubt, section 10 does not apply to the circumstances specified in subsections (3) and (4).

This section has effect if a head of jurisdiction is the complainant or is the subject of the complaint and continues in effect until the complaint is finally resolved.

The Administrator may exercise the powers of the head of jurisdiction under section 59 in relation to the complaint.

If the head of jurisdiction is the Chief Justice, a person nominated under subsection (4) may perform the functions and exercise the powers of the Chief Justice under sections 49, 56 and 60 in relation to the complaint.

The Judicial Commission must nominate one of the following persons, with the person's consent, to perform the functions and exercise the powers of the Chief Justice under sections 49, 56 and 60 in relation to the complaint:

a former Chief Justice;

a former Justice of the High Court of Australia;

a person who is, or has been, the Chief Justice of a Supreme

Court of a State or another Territory.

If the head of jurisdiction is the Chief Judge, a person nominated under subsection (6) may perform the functions and exercise the powers of the Chief Judge under sections 49, 56 and 60 in relation to the complaint.

The Judicial Commission must nominate one of the following persons, with the person's consent, to perform the functions and exercise the powers of the Chief Judge under sections 49, 56 and 60:

the Chief Justice;

a person specified in subsection (4)(a) to (c);

a former Chief Judge;

a person who is, or has been, the head of jurisdiction of a court of a State or another Territory that is equivalent to the Local

Court.

If the head of jurisdiction is the President of NTCAT, the Chief

Justice may perform the functions and exercise the powers of the

President of NTCAT under sections 49, 56 and 60.