Judicial Commissions Act 2024

For the purposes of conducting an inquiry into a complaint, a commission may hold hearings.

The presiding member of a commission must preside at a hearing of the commission.

Except as otherwise provided by this Act, the procedure at a hearing of a commission may be decided by the commission.

At a hearing of a commission under this Part – the relevant judicial officer is entitled to appear and to be represented by an Australian legal practitioner; and a person summoned to attend, or to appear before the commission as a witness, may be represented by an Australian legal practitioner; and any other person may, with the consent of the commission, appear and may be represented by an Australian legal practitioner.

Subject to section 46, a hearing must be held in public.

If, in examining a complaint in respect of a judicial officer, a matter which might constitute grounds for a complaint in respect of another judicial officer comes to the attention of the commission – the commission may – treat those grounds as a complaint in respect of the other judicial officer; and refer the complaint in respect of the other judicial officer to the council; and the council may deal with the referred complaint in respect of the other judicial officer as if it were a complaint made under section 27.

A hearing is to be held in accordance with any relevant guidelines made under section 7(2).