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s 23B

Representation and participation

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Part 4Judicial conduct panels

23B Representation and participation

(1)

A judicial conduct panel—

(a)

must allow the judicial officer who is the subject of the complaint, a complainant or a witness appearing before the inquiry to be legally represented in the inquiry; and

(b)

may allow, to the extent and in the manner determined by the panel, any other person to participate or be legally represented in an inquiry.

(2)

In deciding whether to allow a person to be legally represented under subsection (1)(b), the judicial conduct panel may have regard to the following matters:

(a)

the nature of the inquiry and the matters to which the inquiry relates;

(b)

whether the person has any direct or special interest in the matters to which the inquiry relates;

(c)

the role that the person played in relation to the matters to which the inquiry relates;

(d)

the likelihood that the panel may make an adverse finding against the person;

(e)

the ability of the person to assist the inquiry;

(f)

the age of the person;

(g)

any other matter the panel considers relevant.

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