Judicial Conduct Commissioner Act 2015

The Attorney‑General may, at any time, appoint a judicial conduct panel to inquire into, and report on, any matters concerning the conduct of a judicial officer that have been the subject of a recommendation by the Commissioner under section 20.

Before appointing a panel, the Attorney‑General must consult the Chief Justice of the Supreme Court about the proposed membership of the

Panel (or, if the matters to be inquired into and reported on concern the conduct of the Chief Justice, the next most senior available Judge of the

Supreme Court).

A judicial conduct panel consists of the following persons appointed by the Attorney‑General:

2 members who are eligible judicial officers, 1 of whom should be an eligible judicial officer who is, or has been, of equal or higher seniority than the judicial officer the subject of the complaint (if such a judicial officer is reasonably available for appointment to the panel and would not have a conflict of interest or otherwise be unsuitable for appointment);

a lay member (not being an eligible judicial officer or a legal practitioner).

The presiding member of a judicial conduct panel will be a member appointed under subsection (3)(a) designated by the

Attorney‑General in the instrument of appointment as the presiding member of the panel.

The appointment of a judicial officer as a member of a judicial conduct panel does not affect his or her tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a judicial officer (including matters relating to superannuation), and, for all purposes, service by a judicial officer as a member of a panel must be taken to be service as a judicial officer.

In this section—

eligible judicial officer means—

a current or former judicial officer of this State;

or

a former judge of the High Court of Australia, the Federal Court of

Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; or

a current judge of the Federal Court of Australia or the Supreme

Court or any other court of a State or Territory of the Commonwealth if the jurisdictional head of the relevant Court concurs.