Judicial Conduct Commissioner Act 2015

A person engaged or formerly engaged in the administration of this Act must not disclose information obtained in the course of the administration of this Act except—

for the purposes of the administration or enforcement of this Act; or

for the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or

as authorised or required by the Commissioner; or

as otherwise authorised or required by this Act or regulations under this Act or any other Act or law. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.

The Commissioner is only to authorise or require information to be disclosed if of the opinion that the disclosure is in the public interest (but a person to whom an authorisation or requirement is directed need not inquire into the basis of the authorisation or requirement).

The Commissioner may, if of the opinion that it is in the public interest to do so, cause a report on a complaint, or a statement about a complaint or a decision to dismiss a complaint, to be published in such manner as the Commissioner thinks fit.

Information that has been disclosed under this section for a particular purpose must not be used for any other purpose by—

the person to whom the information was disclosed; or

any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.

A notification required to be given by the Commissioner under this Act to a judicial officer who is the subject of a complaint or the relevant jurisdictional head in relation to a complaint must not disclose the identity of any complainant unless—

the complainant has consented to the complainant's identity being so disclosed; or

subject to subsections (6) and (7), the Commissioner is of the opinion—

in the case of a notification required to be given to the judicial officer the subject of the complaint—that the disclosure of the complainant's identity is necessary to ensure that the judicial officer can properly respond to the complaint; or

in the case of a notification required to be given to the relevant jurisdictional head—that the disclosure of the complainant's identity is necessary to ensure that the relevant jurisdictional head can properly exercise their responsibilities in relation to the complaint.

Before disclosing the identity of a complainant in accordance with subsection (5)(b), the Commissioner must give the complainant written notification that the Commissioner intends to disclose the complainant's identity (and providing reasons for the determination) and must allow the complainant a reasonable opportunity to make submissions to the Commissioner in relation to the determination or to withdraw the complaint.

If the complainant notifies the Commissioner that the complainant wishes to withdraw the complaint, the Commissioner must determine to take no further action in respect of the matter the subject of the complaint.