Judicial Commissions Act 2024

In this Act – Associate Judge has the same meaning as in the Supreme Court Act 1959; authorised person means – in relation to the council – a person declared in writing by the head of the council to be an authorised person under this Act; and in relation to a commission – a person declared in writing by the presiding member of the commission to be an authorised person, under this Act, while the commission is in operation;Chief Magistrate has the same meaning as in the Magistrates Court Act 1987; commission means a judicial commission appointed under section 31; commission member, in relation to a commission, means a person appointed under section 15 as a member of the commission; complaint, in relation to a judicial officer, means – a complaint made under section 27 in respect of the judicial officer; or a resolution of both Houses of Parliament, in accordance with section 28, in respect of a matter relating to the judicial officer; council means the judicial council established by section 6; council member means a person specified in section 6(2) as a member of the council, including a person acting as, or the delegate of, such a person; head of jurisdiction means – for a judge of this State – the Chief Justice; or for a magistrate – the Chief Magistrate; or for a presidential member of TASCAT – the President of the Tribunal appointed under section 12(2) of the Tasmanian Civil and Administrative Tribunal Act 2020; head of the council– see section 6; judge, of this State, includes – a judge of the Supreme Court; and the Associate Judge; and a person who is appointed as an acting judge under section 3 of the Supreme Court Act 1887; judicial officer means – a judge of this State; or a magistrate; or a presidential member of TASCAT; magistrate means a magistrate within the meaning of the Magistrates Court Act 1987; premises includes all or any part of – a building or other structure; and an aircraft, vehicle or vessel; and a place, whether or not enclosed or built on; presidential member of TASCAT includes – the person appointed as President of the Tribunal under section 12(2) of the Tasmanian Civil and Administrative Tribunal Act 2020; and each person appointed as a Deputy President of the Tribunal under section 26(2) of the Tasmanian Civil and Administrative Tribunal Act 2020; presiding member, in relation to a commission, means the presiding member of the commission appointed under section 15; relevant judicial officer, in relation to a complaint, means the judicial officer who is the subject of the complaint; supervisory entity, in relation to a judicial officer, means – if the judicial officer is a head of jurisdiction, the council; or in any other case, the relevant head of jurisdiction for the judicial officer;TASCAT means the Tasmanian Civil and Administrative Tribunal.

In this Act, a reference to a complainant in respect of a complaint includes a reference to – the person who made the complaint to the council; and if the complaint is made anonymously or is referred to the council by a third party, the person whom the council considers to be the most appropriate person to be deemed to be the complainant in respect of the complaint.