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s 24B

Examination etc of complainant and witnesses

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Part 4Judicial conduct panels

24B Examination etc of complainant and witnesses

(1)

Without limiting any other provision of this Act, but subject to subsection (2), a complainant or witness appearing before an inquiry under this Part may be examined, cross‑examined or re‑examined (as the case requires)—

(a)

by counsel assisting the inquiry; or

(b)

by the legal representative of the judicial officer to whom the inquiry relates; or

(c)

by any other person granted permission to do so by the judicial conduct panel.

(2)

A judicial officer to whom an inquiry relates cannot personally cross‑examine a complainant or witness appearing before the inquiry, and, if the judicial officer is not legally represented in the inquiry, cross‑examination of a complainant or witness must be undertaken—

(i)

by the judicial officer submitting to the judicial conduct panel, in the manner required by the judicial conduct panel, the questions the judicial officer proposes the witness be asked in cross‑examination and the judicial conduct panel (or counsel assisting the inquiry) asking the witness those of the questions submitted that are determined by the judicial conduct panel to be allowable in cross‑examination; or

(ii)

as otherwise directed by the judicial conduct panel.

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Section 24B — Examination etc of complainant and witnesses — Judicial Conduct Commissioner Act 2015 (South Australia) — Barrister AI