Judicial Conduct Commissioner Act 2015

Having conducted the preliminary examination of a complaint, the

Commissioner must refer the complaint to the relevant jurisdictional head unless—

the complaint consists of a referral by the relevant jurisdictional head under section 12(7); or

the Commissioner has exercised a power under this Act to dismiss the complaint.

The Commissioner may, on referring a complaint—

recommend that the relevant jurisdictional head take specified action in relation to the complaint so referred; or

advise the relevant jurisdictional head that—

in the opinion of the Commissioner, the complaint is not able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and

the Commissioner intends to make a report on the complaint to the

Parliament in accordance with section 19 or make a recommendation to the

Attorney‑General under section 20.

If a complaint is referred, under this section, to the Chief

Justice of the Supreme Court because the complaint relates to a jurisdictional head, the Chief Justice may take action in relation to the complaint by—

making recommendations to the jurisdictional head the subject of the complaint (including, for example, recommendations as to caseloads, record keeping, medical examinations or counselling); or

counselling the jurisdictional head the subject of the complaint in relation to any conduct that has the potential to undermine public confidence in the court.

The relevant jurisdictional head must, within 28 days after referral of the complaint (or such other period as may be agreed between the

Commissioner and the relevant jurisdictional head), give the Commissioner written notification of the action taken by the relevant jurisdictional head in relation to the complaint.

If any recommendations have been made to a jurisdictional head the subject of a complaint in accordance with subsection (2a)(a), the jurisdictional head must, within

28 days after the making of the recommendations (or such other period as may be agreed between the Commissioner and the jurisdictional head), give the

Commissioner written notification of the action taken by the jurisdictional head in response to the recommendations.

The Commissioner may, if he or she thinks fit, make a report to the

Attorney‑General in relation to any action taken under, or in connection with, this section.

The Commissioner must—

give any complainant written notification of any action taken by the Commissioner under this section or of any action of which the Commissioner has been notified under subsection (3); and

give the judicial officer who is the subject of the complaint written notification of any action taken by the Commissioner under this section.