Grounds to dismiss complaint
44 Grounds to dismiss complaint
(1) The Judicial Commission may dismiss all or part of a complaint if it is satisfied on reasonable grounds of any of the following:
(a) the complaint is frivolous or vexatious or not made in good faith;
the complaint is trivial;
(c) the matter is one for which a complaint may not be made under section 40(2);
(d) there is or was available another satisfactory means of dealing with the matter;
(e) the matter is the subject of legal proceedings and should more properly be the subject of an appeal;
(f) the matter happened so far in the past that it does not justify further consideration;
(g) the matter arose before the person who is the subject of the complaint was appointed as a judicial officer or an ordinary member of NTCAT, unless it appears to the Judicial Commission that the matter could justify the removal from office or termination of appointment of the judicial officer or ordinary member;
(h) the person who is the subject of the complaint is no longer a judicial officer or an ordinary member of NTCAT;
(i) the matter relates to the private life of a judicial officer or an ordinary member of NTCAT that cannot reasonably be considered to affect, or have affected, either:
(i) the judicial officer's or ordinary member's suitability to hold office; or
(ii) the judicial officer's or ordinary member's performance of the functions or exercise of the powers of the officer's or member's office;
(j) having regard to all the circumstances, further consideration of the complaint is unnecessary or unjustifiable.
(2) In deciding whether or not to dismiss a complaint, the Judicial Commission may have regard to any matter it considers relevant.
(3) To avoid doubt, a matter that arose before the commencement of this Act may be the subject of a complaint and is not to be dismissed for that reason alone.
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