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s 19

Immediate report to Parliament

In force
Part 3Complaints
Division 3Action after preliminary examination

19 Immediate report to Parliament

(1)

The Commissioner may make a report on a complaint to the Parliament if—

(a)

the complaint—

(i)

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

(ii)

has been referred to the relevant jurisdictional head under section 18 but is not, in the Commissioner's opinion, able to be satisfactorily dealt with by the taking of any action by the relevant jurisdictional head; and

(b)

the judicial officer who is the subject of the complaint is a Judge who is liable to be removed from office, pursuant to the

Constitution Act 1934 or any other Act or law, on an address from both Houses of Parliament; and

(c)

the Commissioner is of the opinion that—

(i)

there should be immediate consideration by the Parliament of such removal; and

(ii)

it is unlikely that an inquiry by a judicial conduct panel would provide additional information that should be available to the Parliament in considering such removal.

(2)

A copy of the report must be delivered to the President of the

Legislative Council and the Speaker of the House of

Assembly.

(3)

The President of the Legislative Council and the Speaker of the

House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.

(4)

The Commissioner must also give a copy of the report to any complainant, to the judicial officer who is the subject of the complaint, to the relevant jurisdictional head and to the

Attorney‑General.

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