Judicial Conduct Commissioner Act 2015

There will be a Judicial Conduct Commissioner appointed by the

Governor for a term not exceeding 7 years and on conditions determined by the Governor.

A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Acting Commissioner) that exceed 10 years in total.

A person is only eligible for appointment as the Commissioner if the person—

is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the 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; and

is not a judicial officer or member of an Australian

Parliament.

A person may only be appointed to be the Commissioner if, following referral by the Attorney‑General of the proposed appointment to the

Statutory Officers Committee established under the

Parliamentary Committees

Act 1991—

the appointment has been approved by the Committee;

or

the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Attorney‑General, notified the

Attorney‑General in writing that it does not approve the appointment.

Despite the Parliamentary

Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the

Committee under subsection (4) except to the extent allowed by the

Attorney‑General (but this subsection does not derogate from section 15I(2) of the Parliamentary

Committees Act 1991).

If a person is a judicial officer immediately before being appointed to be the Commissioner, for the purposes of determining the person's entitlement to recreation leave, sick leave, long service leave or any other kind of leave under this or another Act, the appointment may, at the option of the person, be taken to be a continuation of his or her service as a judicial officer.

The Commissioner must not, without the consent of the

Attorney‑General, engage in any remunerated employment or activity apart from official duties.

The Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.

The Governor may suspend the Commissioner from office (with, or without, pay) for—

contravention of a condition of appointment; or

misconduct; or

failure or incapacity to carry out official duties satisfactorily.

If the Governor suspends the Commissioner from office, a full statement of the reason for the suspension must be laid before both Houses of

Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.

If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Commissioner to be restored to office, the

Commissioner is removed from office.

If within 20 sitting days after the statement is laid before

Parliament either House of Parliament presents an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is restored to office.

The office of Commissioner becomes vacant if the holder—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Governor; or

is appointed to judicial office; or

is nominated for election as a member of an Australian Parliament;

or

becomes an insolvent under administration within the meaning of the

Corporations

Act 2001 of the Commonwealth; or

is convicted of—

an indictable offence against the law of this State;

or

an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

is removed from office by the Governor under this section.

Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.

The Commissioner is a senior official for the purposes of the

Public Sector (Honesty and Accountability)

Act 1995.