Judicial Commissions Act 2024

The council must establish a pool of at least 6 persons who – are, or have previously been, judicial officers or hold, or have previously held, an equivalent office in another jurisdiction; and in the opinion of the council, have the appropriate skills, or qualifications, to enable the person to be a member of a judicial commission established under this Act; and reflect, as far as practicable, the diversity of persons within the community.

As soon as practicable after selecting a person to be a member of the pool established under subsection (1), the council is to notify the Minister of the person selected to be such a member of the pool.

The Minister must establish a pool of at least 6 persons who – are not, and have never been, judicial officers and who do not hold, and have never previously held, an equivalent office in another jurisdiction; and in the opinion of the Minister, have the appropriate skills, or qualifications, to enable the person to be a member of a judicial commission established under this Act; and reflect, as far as practicable, the diversity of persons within the community.

A member of Parliament, or a former member of Parliament, in any jurisdiction – is not to be a member of either pool established under this section; and is not eligible to be a commission member.

As soon as practicable after being notified under subsection (2) of a person being selected as a member of the pool established under subsection (1), or after selecting a person as a member of the pool under subsection (3), the Minister must table notification of the selection of the person before each House of Parliament.

If either House of Parliament passes a resolution, of which notice has been given within the first 10 sitting-days of the House after a notification of the selection of a person as a member of a pool was tabled under subsection (5), that such a selection is unsuitable – that person is taken to have been removed as a member of the pool; and if the person has been appointed to a commission, that person is taken to have been removed as a member of the commission; and the removal of the person from the pool or a commission does not affect the validity of any action taken, under this Act, including but not limited to – the appointment of a person to a commission under section 15; and any action taken, or decision made, by a commission to which the person was so appointed; and any direction made, or recommendation given, by a commission to which the person was so appointed.