{"id":"judicial-commission-act-2020","name":"Judicial Commission Act 2020","slug":"judicial-commission-act-2020","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30186,"registerId":"nt-judicial-commission-act-2020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judicial Commission Act 2020","content":"NORTHERN TERRITORY OF AUSTRALIA\nJUDICIAL COMMISSION ACT 2020\nAs in force at 11 November 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of Criminal Code ........................................................... 2\nPart 2 Judicial Commission and investigation\npanels\nDivision 1 Judicial Commission\n5 Establishment of Judicial Commission ............................................ 2\n6 Functions of Judicial Commission ................................................... 3\n7 Composition of Judicial Commission ............................................... 3\n8 Appointment of community member to Judicial Commission........... 3\n9 Termination of appointment of community member......................... 5\n10 Acting members of Judicial Commission ......................................... 5\n11 Member involved in complaint ......................................................... 6\n12 Head of jurisdiction involved in complaint ........................................ 6\n13 Meetings of Judicial Commission .................................................... 7\nDivision 2 Powers of Judicial Commission\n14 General powers ............................................................................... 8\n15 Guidelines........................................................................................ 8\n16 Legal assistance .............................................................................. 8\n17 Examination on oath ........................................................................ 9\n18 Issuing summons............................................................................. 9\n19 Inspection and retention of documents ............................................ 9\n20 Medical or psychological examination ........................................... 10\nDivision 3 Investigation panel\n21 Establishing investigation panel..................................................... 10\n22 Pool of persons eligible to be community members ...................... 11\n23 Functions of investigation panel .................................................... 11\n24 Members of investigation panel ..................................................... 11\n25 Meetings of investigation panel ..................................................... 12\n\nJudicial Commission Act 2020 ii\nDivision 4 Powers of investigation panel\n26 General powers ............................................................................. 13\n27 Legal assistance ............................................................................ 13\n28 Examination on oath ...................................................................... 13\n29 Issuing summons........................................................................... 13\n30 Arrest warrant ................................................................................ 14\n31 Search warrants ............................................................................ 14\n32 Inspection and retention of documents .......................................... 16\n33 Medical or psychological examination ........................................... 16\n34 Preventing or restricting release of information ............................. 17\nDivision 5 Related matters\n35 Independence of all members ....................................................... 17\n36 Expenses and remuneration .......................................................... 18\n37 Protocol for complaints against ordinary members of NTCAT ....... 18\n38 Delegation by Judicial Commission ............................................... 18\n39 Staff of Judicial Commission.......................................................... 19\nPart 3 Complaint process\nDivision 1 Making complaint\n40 Grounds for complaint ................................................................... 19\n41 Referral to Judicial Commission .................................................... 20\nDivision 2 Acting on complaint\n42 Preliminary examination of complaint ............................................ 20\n43 Matters related to complaint .......................................................... 20\n44 Grounds to dismiss complaint........................................................ 21\n45 Vexatious complainants ................................................................. 22\n46 Giving notice .................................................................................. 22\n47 Opportunity to respond to complaint .............................................. 23\n48 Options for taking action ................................................................ 23\n49 Referral to head of jurisdiction ....................................................... 24\nDivision 3 Examination and investigation by\ninvestigation panel\n50 Establishment of investigation panel ............................................. 24\n51 Examination and investigation by investigation panel.................... 24\n52 Hearing by investigation panel....................................................... 24\n53 Dismissal of complaint by investigation panel................................ 25\n54 Termination of investigation panel ................................................. 26\n\nJudicial Commission Act 2020 iii\nDivision 4 Substantiation of complaint by investigation\npanel\n55 Duty to report ................................................................................. 26\n56 Report to head of jurisdiction ......................................................... 26\n57 Report to Administrator and Minister ............................................. 27\n58 Tabling report before Legislative Assembly ................................... 27\nDivision 5 Action in response to complaint\n59 Interim suspension ........................................................................ 27\n60 Action by head of jurisdiction ......................................................... 28\n61 Removal of Supreme Court Judge from office ............................... 28\n62 Removal of Associate Judge from office ....................................... 29\n63 Termination of appointment of Local Court Judge ......................... 29\n64 Termination of appointment of member of NTCAT ........................ 29\nPart 4 Miscellaneous matters\n65 Legal representation ...................................................................... 30\n66 Procedure ...................................................................................... 30\n67 Contempt ....................................................................................... 30\n68 Self-incrimination ........................................................................... 31\n69 Reimbursement of witness's expenses.......................................... 31\n70 Payment of costs and expenses of judicial officer or ordinary\nmember of NTCAT ........................................................................ 31\n71 Protection of members .................................................................. 31\n72 Protection of staff........................................................................... 32\n73 Offence to disclose certain information .......................................... 32\n74 Misleading information ................................................................... 33\n75 Giving information to Minister ........................................................ 34\n76 Annual report ................................................................................. 35\n77 Approved forms ............................................................................. 36\n78 Regulations.................................................................................... 36\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 11 November 2021\n____________________\nJUDICIAL COMMISSION ACT 2020\nAn Act to establish a commission for handling complaints against\njudges of the Supreme Court and Local Court and members of the\nNorthern Territory Civil and Administrative Tribunal, and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Judicial Commission Act 2020.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\napproved form, means a form approved under section 77.\ncommunity member means the following:\n(a) in relation to the Judicial Commission – a member of the\nJudicial Commission appointed under section 8;\n(b) in relation to an investigation panel – a member of the\ninvestigation panel appointed under section 24(3).\ncomplaint means a complaint made under section 40.\nhead of jurisdiction means the following:\n(a) in relation to a Supreme Court Judge – the Chief Justice;\n(b) in relation to an Associate Judge – the Chief Justice;\n(c) in relation to a Local Court Judge – the Chief Judge;\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 2\n(d) in relation to a member of NTCAT – the President of NTCAT.\ninvestigation panel means an investigation panel established\nunder section 21.\nJudicial Commission means the Judicial Commission established\nunder section 5.\njudicial officer means the following:\n(a) a Supreme Court Judge;\n(b) an Associate Judge;\n(c) a Local Court Judge, including a Local Court Judge acting as\na coroner;\n(d) the President of NTCAT;\n(e) a Deputy President of NTCAT.\nordinary member of NTCAT means a member of NTCAT\nappointed under section 16 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\nprincipal officer means the principal officer of the Judicial\nCommission appointed under section 39(2).\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\n5 Establishment of Judicial Commission\nThe Judicial Commission is established.\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 3\n6 Functions of Judicial Commission\nThe Judicial Commission has the following functions:\n(a) to receive complaints regarding the behaviour or the physical\nor mental capacity of judicial officers and ordinary members of\nNTCAT;\n(b) to investigate and make determinations of fact in relation to\ncomplaints as appropriate;\n(c) to refer complaints to the heads of jurisdiction or establish\ninvestigation panels as appropriate;\n(d) to make recommendations in relation to complaints it refers to\nthe heads of jurisdiction;\n(e) to assist and support any investigation panel it establishes;\n(f) to perform any other functions conferred on it by this or any\nother Act.\nNote for section 6\nThe Judicial Commission is only an investigatory body and has no power to\ndiscipline a judicial officer or an ordinary member of NTCAT.\n7 Composition of Judicial Commission\n(1) The Judicial Commission consists of the following members:\n(a) the Chief Justice;\n(b) the Chief Judge;\n(c) the President of NTCAT;\n(d) the President of the Council of the Law Society Northern\nTerritory;\n(e) at least one but not more than 2 community members\nappointed under section 8.\n(2) The Chief Justice is the chairperson of the Judicial Commission.\n8 Appointment of community member to Judicial Commission\n(1) The Administrator may appoint a person to be a community\nmember of the Judicial Commission.\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 4\n(2) To be eligible to be appointed as a community member of the\nJudicial Commission, a person must be:\n(a) of high standing in the community; and\n(b) nominated by the Minister; and\n(c) not ineligible under subsection (3).\n(3) The following persons are ineligible to be appointed as a\ncommunity member:\n(a) a lawyer;\n(b) a judicial officer or a person who was formerly a judicial\nofficer;\n(c) an ordinary member of NTCAT or a person who was formerly\nan ordinary member of NTCAT;\n(d) a person who holds office, or formerly held office, as a\nmember of another administrative or civil tribunal in the\nTerritory;\n(e) a person who holds office, or formerly held office, as a judge\nor a member of an administrative or civil tribunal in a State or\nanother Territory;\n(f) a member of the Legislative Assembly or a person who was\nformerly a member of the Legislative Assembly.\n(4) The Minister must consult with the Chief Justice and the Chief\nJudge before nominating a person for appointment as a community\nmember of the Judicial Commission.\n(5) A community member of the Judicial Commission holds office for\nthe period, not exceeding 5 years, specified in the member's\nappointment.\n(6) A community member of the Judicial Commission may be\nreappointed, if still eligible, for one further period not exceeding\n5 years.\n(7) A community member of the Judicial Commission holds office on\nthe conditions determined by the Administrator.\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 5\n9 Termination of appointment of community member\n(1) The appointment of a person as a community member is taken to\nbe terminated if the person:\n(a) ceases to be eligible for appointment; or\n(b) resigns by giving written notice to the Administrator.\n(2) The Administrator must terminate the appointment of a person as a\ncommunity member if the person:\n(a) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nperson's creditors or makes an assignment of remuneration\nfor their benefit; or\n(b) becomes mentally incapacitated or is being treated under the\nMental Health and Related Services Act 1998; or\n(c) is found guilty of an offence that is punishable by\nimprisonment for 12 months or more.\n(3) The Administrator may terminate the appointment of a person as a\ncommunity member for incompetence or misbehaviour.\n(4) To avoid doubt, subsections (1), (2) and (3) apply to an acting\ncommunity member.\n10 Acting members of Judicial Commission\n(1) The Chief Justice may appoint a Supreme Court Judge to act as a\nmember and acting chairperson of the Judicial Commission during\na period, or all periods, when the Chief Justice is unable or\nunavailable to perform the functions or exercise the powers of a\nmember of the Judicial Commission.\n(2) The Chief Judge may appoint a Deputy Chief Judge or another\nLocal Court Judge to act as a member of the Judicial Commission\nduring a period, or all periods, when the Chief Judge is unable or\nunavailable to perform functions or exercise powers of a member of\nthe Judicial Commission.\n(3) The President of NTCAT may appoint a Deputy President of the\nNTCAT to act as a member of the Judicial Commission during a\nperiod, or all periods, when the President is unable or unavailable\nto perform functions or exercise powers of a member of the Judicial\nCommission.\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 6\n(4) The President of the Council of the Law Society Northern Territory\nmay appoint another member of the Council of the Law Society\nNorthern Territory to act as a member of the Judicial Commission\nduring a period, or all periods, when the President of the Law\nSociety Northern Territory is unable or unavailable to perform\nfunctions or exercise powers of a member of the Judicial\nCommission.\n(5) The Administrator may appoint a person eligible for appointment as\na community member to act as a community member of the Judicial\nCommission during a period, or all periods, when a community\nmember of the Judicial Commission is unable or unavailable to\nperform functions or exercise powers of a member of the Judicial\nCommission.\n(6) An acting member of the Judicial Commission appointed by the\nAdministrator under subsection (5) holds office on the conditions\ndetermined by the Administrator.\n11 Member involved in complaint\n(1) A member of the Judicial Commission must not perform any\nfunction or exercise any power under this Act in relation to a\ncomplaint if the member is the complainant or is the subject of the\ncomplaint.\n(2) If a member of the Judicial Commission is the complainant, the\nperson appointed as the acting member under section 10 must\nperform the functions and exercise the powers of the member until\nthe complaint is finally resolved.\n(3) If the Chief Justice is the subject of a complaint, the next most\nsenior Judge of the Supreme Court must act as a member and the\nchairperson of the Judicial Commission until the complaint is finally\nresolved.\n(4) If the Chief Judge or the President of NTCAT is the subject of a\ncomplaint, no one must perform the functions or exercise the\npowers of that member until the complaint is finally resolved.\n(5) To avoid doubt, section 10 does not apply to the circumstances\nspecified in subsections (3) and (4).\n12 Head of jurisdiction involved in complaint\n(1) This section has effect if a head of jurisdiction is the complainant or\nis the subject of the complaint and continues in effect until the\ncomplaint is finally resolved.\n\nPart 2 Judicial Commission and investigation panels\nDivision 1 Judicial Commission\nJudicial Commission Act 2020 7\n(2) The Administrator may exercise the powers of the head of\njurisdiction under section 59 in relation to the complaint.\n(3) If the head of jurisdiction is the Chief Justice, a person nominated\nunder subsection (4) may perform the functions and exercise the\npowers of the Chief Justice under sections 49, 56 and 60 in relation\nto the complaint.\n(4) The Judicial Commission must nominate one of the following\npersons, with the person's consent, to perform the functions and\nexercise the powers of the Chief Justice under sections 49, 56\nand 60 in relation to the complaint:\n(a) a former Chief Justice;\n(b) a former Justice of the High Court of Australia;\n(c) a person who is, or has been, the Chief Justice of a Supreme\nCourt of a State or another Territory.\n(5) If the head of jurisdiction is the Chief Judge, a person nominated\nunder subsection (6) may perform the functions and exercise the\npowers of the Chief Judge under sections 49, 56 and 60 in relation\nto the complaint.\n(6) The Judicial Commission must nominate one of the following\npersons, with the person's consent, to perform the functions and\nexercise the powers of the Chief Judge under sections 49, 56\nand 60:\n(a) the Chief Justice;\n(b) a person specified in subsection (4)(a) to (c);\n(c) a former Chief Judge;\n(d) a person who is, or has been, the head of jurisdiction of a\ncourt of a State or another Territory that is equivalent to the\nLocal Court.\n(7) If the head of jurisdiction is the President of NTCAT, the Chief\nJustice may perform the functions and exercise the powers of the\nPresident of NTCAT under sections 49, 56 and 60.\n13 Meetings of Judicial Commission\n(1) The chairperson of the Judicial Commission may determine the\nprocedure for calling meetings of the Commission and the conduct\nof business at those meetings.\n\nPart 2 Judicial Commission and investigation panels\nDivision 2 Powers of Judicial Commission\nJudicial Commission Act 2020 8\n(2) The Judicial Commission must hold a meeting at least once every\n3 months.\n(3) The quorum for a meeting of the Judicial Commission is 4 members\nof the Commission, of whom at least one must be a community\nmember.\n(4) Decisions of the Judicial Commission are to be made by a majority\nof the votes cast at a meeting of the Commission at which a\nquorum is present.\n(5) The Judicial Commission must keep full and accurate minutes of its\nmeetings and other proceedings.\nDivision 2 Powers of Judicial Commission\n14 General powers\nThe Judicial Commission has the powers necessary to perform its\nfunctions.\n15 Guidelines\n(1) The Judicial Commission may establish guidelines to assist both it\nand any investigation panel in the performance of their functions.\n(2) The guidelines may include provisions with respect to any of the\nfollowing matters:\n(a) the general manner in which an investigation panel should\nconduct its examination of complaints;\n(b) the general manner in which an investigation panel should\nconduct its hearings regarding complaints;\n(c) the criteria that an investigation panel should consider when\ndetermining whether a hearing should be held in public or in\nprivate;\n(d) the criteria that an investigation panel should consider when\nexercising its power to consent to legal representation for\npersons appearing at its hearings.\n16 Legal assistance\nThe Judicial Commission may engage a legal practitioner to assist\nthe Commission.\n\nPart 2 Judicial Commission and investigation panels\nDivision 2 Powers of Judicial Commission\nJudicial Commission Act 2020 9\n17 Examination on oath\nThe chairperson of the Judicial Commission may require a person\nappearing before the Judicial Commission to give evidence on oath.\n18 Issuing summons\n(1) The chairperson of the Judicial Commission may issue a summons\nto order a person to do the following:\n(a) to attend to give evidence as directed by the summons;\n(b) to produce any document or thing as directed by the\nsummons.\n(2) Each summons may be issued to only one person.\n(3) A summons must:\n(a) be in the approved form; and\n(b) identify the person to whom it is issued by name or by\ndescription of office or position; and\n(c) specify what the person is being summoned to do; and\n(d) identify any documents or things to be produced; and\n(e) specify the date, time and place for any attendance or\nproduction.\n(4) A summons must be served personally on the person to whom it is\nissued.\n19 Inspection and retention of documents\n(1) The Judicial Commission may:\n(a) inspect a document or other thing produced to the\nCommission; and\n(b) retain possession of the document or thing for as long as\nnecessary for the Commission to perform its functions; and\n(c) make copies of, or take extracts from, the document.\n(2) If a document is retained under subsection (1)(b), the person\notherwise entitled to possession of the document is entitled to:\n(a) inspect the document; and\n\nPart 2 Judicial Commission and investigation panels\nDivision 3 Investigation panel\nJudicial Commission Act 2020 10\n(b) receive a certified true copy of the document.\n(3) The Judicial Commission may refer a document or thing, or a copy\nof a document, to an investigation panel and a head of jurisdiction.\n(4) The Judicial Commission must return any document or thing\nretained under subsection (1)(b) when it is no longer required.\n20 Medical or psychological examination\n(1) The Judicial Commission may request a judicial officer or ordinary\nmember of NTCAT who is the subject of a complaint to undergo a\nspecified medical or psychological examination within a reasonable\nspecified time if the Judicial Commission believes on reasonable\ngrounds that the judicial officer or ordinary member might be\nphysically or mentally unfit to perform the functions or exercise the\npowers of office.\n(2) The examination must relate only to the fitness, whether physical,\nmental or both, of the judicial officer or ordinary member of NTCAT\nto perform the functions or exercise the powers of office.\n(3) As soon as practicable after the examination, the judicial officer or\nordinary member of NTCAT must give the Judicial Commission a\ncopy of the report of the examination.\n(4) If a judicial officer or ordinary member of NTCAT fails, without\nreasonable excuse, to comply with a request under subsection (1)\nor to give a copy of the report under subsection (3), a statement to\nthat effect must be included in any report given by the Judicial\nCommission in relation to the judicial officer or ordinary member.\nDivision 3 Investigation panel\n21 Establishing investigation panel\n(1) The Judicial Commission may establish one or more investigation\npanels when required under section 50.\n(2) The Judicial Commission may:\n(a) establish more than one investigation panel to deal with\ndifferent complaints; or\n(b) establish one investigation panel to deal with different\ncomplaints.\n\nPart 2 Judicial Commission and investigation panels\nDivision 3 Investigation panel\nJudicial Commission Act 2020 11\n22 Pool of persons eligible to be community members\n(1) The Minister must nominate a pool of at least 3 persons who are\neligible for appointment as community members of an investigation\npanel.\n(2) To be eligible to be appointed as a community member, a person\nmust be of high standing in the community and not be ineligible\nunder section 8(3).\n(3) A person's nomination to the pool is for a period of 5 years.\n(4) A person may be renominated to the pool, if still eligible, for one\nfurther period of 5 years.\n(5) The nomination of a person to the pool is taken to be terminated if\nthe person:\n(a) ceases to be eligible for appointment; or\n(b) resigns the person's nomination by giving written notice to the\nMinister; or\n(c) meets any of the conditions specified in section 9(2).\n(6) The Minister may terminate nomination of a person to the pool for\nincompetence or misbehaviour.\n23 Functions of investigation panel\nAn investigation panel has the following functions:\n(a) to examine and investigate complaints under Part 3,\nDivision 3;\n(b) to make determinations of fact in relation to those complaints;\n(c) to report on its investigations and determinations under Part 3,\nDivisions 3 and 4.\n24 Members of investigation panel\n(1) An investigation panel consists of 3 persons appointed by the\nJudicial Commission.\n(2) Two members of an investigation panel must be appointed from\namong any of the following groups of persons:\n(a) Supreme Court Judges and former Supreme Court Judges;\n\nPart 2 Judicial Commission and investigation panels\nDivision 3 Investigation panel\nJudicial Commission Act 2020 12\n(b) judges and former judges of a superior court of a State or\nanother Territory;\n(c) judges and former judges of the High Court of Australia, the\nFederal Court of Australia, the Family Court of Australia and\nany other federal court established by the Commonwealth.\n(3) One member of an investigation panel must be appointed from the\npool of eligible persons nominated under section 22.\n(4) A person must not be appointed to an investigation panel if the\nperson:\n(a) is a member or acting member of the Judicial Commission; or\n(b) is a judge or former judge of the same court as the person\nwho is the subject of the complaint.\n(5) The Judicial Commission must designate one of the members of an\ninvestigation panel as its chairperson.\n(6) The appointment of a person under subsection (3) from the pool of\neligible persons is taken to be terminated if the person:\n(a) ceases to be eligible for appointment; or\n(b) resigns the person's appointment by giving written notice to\nthe Minister; or\n(c) meets any of the conditions specified in section 9(2).\n25 Meetings of investigation panel\n(1) Subject to any guidelines established by the Judicial Commission,\nthe chairperson of an investigation panel may determine the\nprocedure for the calling of meetings of the panel and for the\nconduct of business at those meetings.\n(2) The quorum for a meeting of an investigation panel is all\n3 members of the panel.\n(3) An investigation panel must keep full and accurate minutes of its\nmeetings and other proceedings.\n(4) If a member of the investigation panel is unable or unavailable to\nperform the functions or exercise the powers of a member, or the\nmember's appointment is terminated under section 24(6), the\nremaining members of the panel may:\n(a) continue as a panel of 2 members; or\n\nPart 2 Judicial Commission and investigation panels\nDivision 4 Powers of investigation panel\nJudicial Commission Act 2020 13\n(b) request the Judicial Commission to appoint a replacement\nmember.\n(5) If an investigation panel continues as a panel of 2 members under\nsubsection (4)(a), the decisions of the panel must be unanimous.\nDivision 4 Powers of investigation panel\n26 General powers\nAn investigation panel has the powers necessary to perform its\nfunctions.\n27 Legal assistance\nAn investigation panel may engage a legal practitioner to assist the\npanel.\n28 Examination on oath\nThe chairperson of an investigation panel may require a person\nappearing before the investigation panel to give evidence on oath.\n29 Issuing summons\n(1) The chairperson of an investigation panel may issue a summons to\norder a person to do the following:\n(a) to attend to give evidence as directed by the summons;\n(b) to produce any document or thing as directed by the\nsummons.\n(2) Each summons may be issued to only one person.\n(3) A summons must:\n(a) be in the approved form; and\n(b) identify the person to whom it is issued by name or by\ndescription of office or position; and\n(c) specify what the person is being summoned to do; and\n(d) identify any documents or things to be produced; and\n(e) specify the date, time and place for any attendance or\nproduction.\n(4) A summons must be served personally on the person to whom it is\nissued.\n\nPart 2 Judicial Commission and investigation panels\nDivision 4 Powers of investigation panel\nJudicial Commission Act 2020 14\n30 Arrest warrant\n(1) If a person fails to attend as required by a summons under\nsection 29, the chairperson of an investigation panel may issue a\nwarrant for the arrest of the person.\n(2) Before issuing the arrest warrant, the chairperson of the\ninvestigation panel must be satisfied that:\n(a) the summons was served on the person; or\n(b) a reasonable attempt was made to serve the summons on the\nperson.\n(3) An arrest warrant must:\n(a) be signed by the chairperson of the investigation panel; and\n(b) be issued to a police officer or a person named in the warrant;\nand\n(c) state the purpose for which it is issued; and\n(d) the name or identity of the person to be arrested.\n(4) An arrest warrant authorises a police officer or the person named in\nthe warrant:\n(a) to arrest the person identified in the warrant at any time and\nbring the person before the investigation panel; and\n(b) to detain the person in custody until released by order of the\ninvestigation panel or the Supreme Court.\n(5) The arrest of a person under this section does not prevent the\nperson from being prosecuted for an offence against section 67.\n31 Search warrants\n(1) The chairperson of an investigation panel may issue a search\nwarrant if the panel believes on reasonable grounds that issuing a\nsearch warrant is justified to ensure the production of a document\nor thing that might otherwise be concealed, lost, mutilated,\ndestroyed or disposed of.\n(2) A search warrant must:\n(a) be signed by the chairperson of the investigation panel; and\n(b) be issued to a police officer or a person named in the warrant;\nand\n\nPart 2 Judicial Commission and investigation panels\nDivision 4 Powers of investigation panel\nJudicial Commission Act 2020 15\n(c) state the purpose for which it is issued; and\n(d) specify the premises for which entry is authorised; and\n(e) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or\nnight; and\n(f) include a description of the kind of documents or things in\nrelation to which the powers under the warrant may be\nexercised; and\n(g) specify the day on which the warrant ceases to have effect,\nwhich must be a day not later than 30 days after the day of its\nissue.\n(3) A search warrant authorises a police officer or the person named in\nthe warrant:\n(a) to enter the premises specified in the warrant; and\n(b) to search the premises for documents or things relevant to a\ncomplaint; and\n(c) to seize any document or thing relevant to a complaint found\nin or on the premises; and\n(d) to deliver anything seized to the investigation panel.\n(4) A search warrant may be executed, in accordance with its terms, at\nany time during the period commencing on the day of issue of the\nwarrant and ending at the end of the day specified for\nsubsection (2)(g).\n(5) A person executing a search warrant may seize a document or\nthing not of a kind specified in the warrant if in the course of\nsearching under the search warrant for a document or thing of a\nrelevant kind:\n(a) the person believes on reasonable grounds the document or\nthing is connected with the matter being investigated; and\n(b) the person believes on reasonable grounds that it is\nnecessary to seize that document or thing in order to prevent it\nfrom being concealed, lost, mutilated, destroyed or disposed\nof.\n(6) Any document or thing seized under subsection (5) must be\npresented without delay to the investigation panel.\n\nPart 2 Judicial Commission and investigation panels\nDivision 4 Powers of investigation panel\nJudicial Commission Act 2020 16\n(7) A person executing a search warrant must, on request by an\noccupant of the premises to which the warrant relates, show the\nwarrant to that occupant.\n32 Inspection and retention of documents\n(1) An investigation panel may:\n(a) inspect a document or other thing produced to the Judicial\nCommission or the investigation panel or seized under a\nsearch warrant; and\n(b) retain possession of the document or thing for as long as\nnecessary for either the Judicial Commission or the\ninvestigation panel to perform their functions; and\n(c) make copies of, or take extracts from, the document.\n(2) If a document is retained under subsection (1)(b), the person\notherwise entitled to possession of the document is entitled to:\n(a) inspect the document; and\n(b) receive a certified true copy of the document.\n(3) An investigation panel may refer a document or thing, or a copy of a\ndocument, to the Judicial Commission and a head of jurisdiction.\n(4) An investigation panel must return any document or thing retained\nunder subsection (1)(b) when it is no longer required.\n33 Medical or psychological examination\n(1) An investigation panel may request a judicial officer or ordinary\nmember of NTCAT who is the subject of a complaint to undergo a\nspecified medical or psychological examination within a reasonable\nspecified time if the investigation panel believes on reasonable\ngrounds that the judicial officer or ordinary member might be\nphysically or mentally unfit to perform the functions or exercise the\npowers of office.\n(2) The examination must relate only to the fitness, whether physical,\nmental or both, of the judicial officer or ordinary member of NTCAT\nto perform the functions or exercise the powers of office.\n(3) As soon as practicable after the examination, the judicial officer or\nordinary member of NTCAT must give the investigation panel a\ncopy of the report of the examination.\n\nPart 2 Judicial Commission and investigation panels\nDivision 5 Related matters\nJudicial Commission Act 2020 17\n(4) If a judicial officer or ordinary member of NTCAT fails, without\nreasonable excuse, to comply with a request under subsection (1)\nor to give a copy of the report under subsection (3), a statement to\nthat effect must be included in any report given by the investigation\npanel in relation to the judicial officer or ordinary member.\n34 Preventing or restricting release of information\n(1) An investigation panel may refuse to disclose information to a\ncomplainant if the disclosure would be contrary to the public\ninterest.\n(2) An investigation panel may give directions preventing or restricting\nthe publication of evidence given to the panel or evidence regarding\nmatters contained in documents received by the panel.\n(3) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of a direction given\nunder subsection (2) and the person is reckless in relation to\nthat result.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\nDivision 5 Related matters\n35 Independence of all members\n(1) In the performance of functions or the exercise of powers under this\nAct, a member of the Judicial Commission or an investigation panel\nis not subject to the direction or control of any person.\n(2) The conditions of office of a member of the Judicial Commission or\nan investigation panel:\n(a) cannot be contingent on the member's performance in office;\nand\n(b) cannot be varied during the member's term in office.\n\nPart 2 Judicial Commission and investigation panels\nDivision 5 Related matters\nJudicial Commission Act 2020 18\n36 Expenses and remuneration\n(1) The following are entitled to be reimbursed for reasonable\nexpenses incurred in performing functions or exercising powers\nunder this Act:\n(a) the members of the Judicial Commission;\n(b) the members of an investigation panel.\n(2) The following are entitled to be paid remuneration for performing\nfunctions or exercising powers under this Act:\n(a) a community member of the Judicial Commission or an\ninvestigation panel;\n(b) a former judge who is a member of an investigation panel.\n(3) The conditions about expenses and remuneration under this\nsection are determined by the Administrator.\n37 Protocol for complaints against ordinary members of NTCAT\n(1) If recommended by the Judicial Commission, the Minister must, by\nGazette notice, issue a protocol to provide a process for a suitably\nqualified person to deal with a complaint in relation to an ordinary\nmember of NTCAT.\n(2) The contents of the protocol must be approved by the Judicial\nCommission.\n(3) Despite any provision to the contrary, a complaint in relation to an\nordinary member of NTCAT must be dealt with in accordance with\nthe protocol.\n38 Delegation by Judicial Commission\n(1) Subject to subsection (2), the Judicial Commission may delegate its\npowers and functions to:\n(a) a member of the Judicial Commission; or\n(b) a suitably qualified person acting under any protocol issued\nunder section 37; or\n(c) the principal officer or another member of the staff of the\nJudicial Commission.\n\nPart 3 Complaint process\nDivision 1 Making complaint\nJudicial Commission Act 2020 19\n(2) Subsection (1) does not authorise the delegation of the following\npowers and functions to a single member of the Judicial\nCommission, the principal officer or another member of the staff of\nthe Judicial Commission:\n(a) establishing an investigation panel under section 21;\n(b) referring a complaint or making a recommendation under\nsection 49.\n(3) A person delegated a power or function cannot subdelegate that\npower or function.\n39 Staff of Judicial Commission\n(1) The Judicial Commission is to be supported in the exercise of its\nfunctions by:\n(a) the principal officer; and\n(b) other staff considered suitable by the Commission.\n(2) The principal officer of the Judicial Commission must be appointed\nby the Minister, on the recommendation of the Commission.\n(3) The conditions of the principal officer's employment must be\ndetermined in accordance with Part 3, Division 3 of the Assembly\nMembers and Statutory Officers (Remuneration and Other\nEntitlements) Act 2006.\n(4) The other staff of the Judicial Commission are public sector\nemployees:\n(a) employed for the purposes of the Commission; or\n(b) employed in an Agency and made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe Judicial Commission.\nPart 3 Complaint process\nDivision 1 Making complaint\n40 Grounds for complaint\n(1) Any person may make a complaint under this Act about a matter\nrelating to the behaviour or the physical or mental capacity of a\njudicial officer or an ordinary member of NTCAT.\n\nPart 3 Complaint process\nDivision 2 Acting on complaint\nJudicial Commission Act 2020 20\n(2) Despite subsection (1), a complaint may not be made or dealt with\nunder this Act in relation to a matter that is within the jurisdiction of\nthe ICAC, unless the ICAC consents or refers the matter to the\nJudicial Commission.\n(3) To avoid doubt, a series of actions may be taken as a course of\nconduct that constitutes a single matter for a complaint.\n(4) A complaint must be in writing and include the following information:\n(a) the name and contact information of the complainant;\n(b) the name or identity of the judicial officer or ordinary member\nof NTCAT who is the subject of the complaint;\n(c) the grounds for the complaint;\n(d) a summary of the facts relevant to the complaint;\n(e) any other information prescribed by regulation.\n41 Referral to Judicial Commission\n(1) The Minister may refer to the Judicial Commission any matter\nrelating to the behaviour or the physical or mental capacity of a\njudicial officer or an ordinary member of NTCAT.\n(2) Any matter referred to the Judicial Commission by the Minister\nunder subsection (1), or by the ICAC under section 25A of the\nIndependent Commissioner Against Corruption Act 2017, is taken\nto be a complaint lodged with the Judicial Commission.\nDivision 2 Acting on complaint\n42 Preliminary examination of complaint\n(1) The Judicial Commission must conduct a preliminary examination\nof a complaint as efficiently and expeditiously as possible.\n(2) The Judicial Commission may initiate the inquiries into the subject\nmatter of the complaint that the Commission considers appropriate.\n(3) The preliminary examination and any inquiries made by the Judicial\nCommission must, as far as practicable, be in private.\n43 Matters related to complaint\n(1) In dealing with a complaint, the Judicial Commission and any\ninvestigation panel is not limited to the matters raised initially in the\ncomplaint, and may consider other matters arising in the course of\n\nPart 3 Complaint process\nDivision 2 Acting on complaint\nJudicial Commission Act 2020 21\ndealing with it either as part of the original complaint or constituting\na new complaint.\n(2) If the matter arising constitutes grounds for a complaint about\nanother judicial officer or ordinary member of NTCAT, the Judicial\nCommission and any investigation panel may consider the new\nmatter as a complaint against that other judicial officer or ordinary\nmember.\n44 Grounds to dismiss complaint\n(1) The Judicial Commission may dismiss all or part of a complaint if it\nis satisfied on reasonable grounds of any of the following:\n(a) the complaint is frivolous or vexatious or not made in good\nfaith;\n(b) the complaint is trivial;\n(c) the matter is one for which a complaint may not be made\nunder section 40(2);\n(d) there is or was available another satisfactory means of dealing\nwith the matter;\n(e) the matter is the subject of legal proceedings and should more\nproperly be the subject of an appeal;\n(f) the matter happened so far in the past that it does not justify\nfurther consideration;\n(g) the matter arose before the person who is the subject of the\ncomplaint was appointed as a judicial officer or an ordinary\nmember of NTCAT, unless it appears to the Judicial\nCommission that the matter could justify the removal from\noffice or termination of appointment of the judicial officer or\nordinary member;\n(h) the person who is the subject of the complaint is no longer a\njudicial officer or an ordinary member of NTCAT;\n(i) the matter relates to the private life of a judicial officer or an\nordinary member of NTCAT that cannot reasonably be\nconsidered to affect, or have affected, either:\n(i) the judicial officer's or ordinary member's suitability to\nhold office; or\n\nPart 3 Complaint process\nDivision 2 Acting on complaint\nJudicial Commission Act 2020 22\n(ii) the judicial officer's or ordinary member's performance of\nthe functions or exercise of the powers of the officer's or\nmember's office;\n(j) having regard to all the circumstances, further consideration of\nthe complaint is unnecessary or unjustifiable.\n(2) In deciding whether or not to dismiss a complaint, the Judicial\nCommission may have regard to any matter it considers relevant.\n(3) To avoid doubt, a matter that arose before the commencement of\nthis Act may be the subject of a complaint and is not to be\ndismissed for that reason alone.\n45 Vexatious complainants\n(1) The Judicial Commission may declare a person to be a vexatious\ncomplainant if the person persistently, without reasonable grounds,\nmakes complaints against one or more judicial officers or ordinary\nmembers of NTCAT.\n(2) The Judicial Commission may disregard any complaint made by a\nperson it has declared to be a vexatious complainant.\n46 Giving notice\n(1) If the complaint is dismissed after its preliminary examination under\nsection 42, the Judicial Commission must give written notice of the\ndismissal to:\n(a) the complainant; and\n(b) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint.\n(2) The notice under subsection (1) must include:\n(a) a summary of the complaint; and\n(b) the reasons for the dismissal.\n(3) If the complaint is not dismissed after its preliminary examination\nunder section 42, the Judicial Commission must give the judicial\nofficer or ordinary member of NTCAT who is the subject of the\ncomplaint written notice of:\n(a) a summary of the complaint; and\n(b) the right of the judicial officer or ordinary member of NTCAT to\nrespond to the complaint under section 47.\n\nPart 3 Complaint process\nDivision 2 Acting on complaint\nJudicial Commission Act 2020 23\n(4) The Judicial Commission may refuse to disclose information under\nsubsection (2) to the complainant if the Commission considers the\ndisclosure would be contrary to the public interest.\n47 Opportunity to respond to complaint\n(1) The Judicial Commission must give the judicial officer or ordinary\nmember of NTCAT who is the subject of a complaint a reasonable\nopportunity to respond to the complaint before:\n(a) referring the matter to the head of jurisdiction under\nsection 49; or\n(b) establishing an investigation panel under section 50.\n(2) The judicial officer or ordinary member of NTCAT who is the subject\nof a complaint may respond in writing to a complaint.\n48 Options for taking action\n(1) After considering any response given under section 47(2), the\nJudicial Commission may take one of the following actions:\n(a) dismiss the complaint under section 44;\n(b) refer the complaint to the head of jurisdiction under section 49;\n(c) establish an investigation panel to investigate the complaint\nunder section 50.\n(2) The Judicial Commission must give written notice of the action\ntaken under subsection (1) to:\n(a) the complainant; and\n(b) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint.\n(3) If the complaint is dismissed under section 44, the Judicial\nCommission must give written notice of the dismissal to:\n(a) the complainant; and\n(b) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint.\n(4) The notice under subsection (3) must include:\n(a) a summary of the complaint; and\n(b) the reasons for the dismissal.\n\nPart 3 Complaint process\nDivision 3 Examination and investigation by investigation panel\nJudicial Commission Act 2020 24\n(5) The Judicial Commission may refuse to disclose information under\nsubsection (4) to the complainant if the Commission considers the\ndisclosure would be contrary to the public interest.\n49 Referral to head of jurisdiction\n(1) The Judicial Commission may refer a complaint to the head of\njurisdiction if the Commission is satisfied on reasonable grounds\nthat:\n(a) the complaint is partly or wholly substantiated; and\n(b) the complaint is not sufficiently serious to justify establishment\nof an investigation panel under section 50.\n(2) The Judicial Commission may include recommendations in its\nreferral as to what action should be taken in relation to the\ncomplaint.\nDivision 3 Examination and investigation by investigation\npanel\n50 Establishment of investigation panel\nThe Judicial Commission must establish an investigation panel\nunder section 21 to examine and investigate a complaint if satisfied\non reasonable grounds that the complaint is sufficiently serious\nthat, if substantiated, it could justify the removal from office or\ntermination of appointment of the judicial officer or ordinary\nmember.\n51 Examination and investigation by investigation panel\n(1) An investigation panel must:\n(a) conduct an examination of the complaint or complaints for\nwhich it was established; and\n(b) initiate the investigations into the subject matter of the\ncomplaint that the panel thinks appropriate.\n(2) The examination and investigations of an investigation panel must,\nas far as practicable, take place in private.\n52 Hearing by investigation panel\n(1) An investigation panel may hold a hearing in connection with the\ncomplaint.\n\nPart 3 Complaint process\nDivision 3 Examination and investigation by investigation panel\nJudicial Commission Act 2020 25\n(2) The investigation panel may determine whether a hearing is held in\npublic or in private.\n(3) If a hearing or part of a hearing is to take place in private, the\ninvestigation panel may give directions as to the persons who may\nbe present.\n(4) The following persons may examine or cross-examine any witness\nat a hearing on any matter that the investigation panel considers\nrelevant:\n(a) a legal practitioner assisting the investigation panel;\n(b) any person authorised by the investigation panel to appear\nbefore it at the hearing;\n(c) any legal practitioner representing a person at the hearing\nunder section 65;\n(d) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint.\n(5) The investigation panel may set limits on the examination and\ncross-examination as the panel considers appropriate.\n53 Dismissal of complaint by investigation panel\n(1) An investigation panel must dismiss a complaint to the extent that it\nis of the opinion that:\n(a) the complaint should be dismissed on any of the grounds\nspecified in section 44; or\n(b) the complaint is not substantiated.\n(2) If an investigation panel dismisses a complaint, it must give a\nwritten report setting out its determinations to:\n(a) the Judicial Commission; and\n(b) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint.\n(3) An investigation panel must give the complainant written notice of\nthe dismissal of a complaint setting out the reasons for the\ndismissal.\n(4) An investigation panel may give a copy of the report required under\nsubsection (2), or a summary of the report, to the complainant.\n\nPart 3 Complaint process\nDivision 4 Substantiation of complaint by investigation panel\nJudicial Commission Act 2020 26\n54 Termination of investigation panel\nAn investigation panel is terminated and the appointment of its\nmembers is terminated, in relation to the complaint for which it was\nestablished, when the panel completes its work by either:\n(a) dismissing the complaint; or\n(b) giving its report on the complaint to the head of jurisdiction\nand the Judicial Commission under section 56; or\n(c) giving its report on the complaint to the Administrator and the\nMinister under section 57.\nDivision 4 Substantiation of complaint by investigation panel\n55 Duty to report\nAn investigation panel must give a report under this Division if the\npanel has not dismissed the complaint under section 53(1).\n56 Report to head of jurisdiction\n(1) The investigation panel must give a written report under this section\nif it forms the opinion that the complaint does not justify\nconsideration of the removal from office or termination of\nappointment of the judicial officer or ordinary member of NTCAT\nwho is the subject of the complaint.\n(2) The report must be given to the head of jurisdiction and set out the\ninvestigation panel's findings of fact and its opinions.\n(3) The report may include recommendations as to what action should\nbe taken in relation to the complaint.\n(4) The investigation panel must give a copy of the report to the\nfollowing:\n(a) the complainant;\n(b) the judicial officer or ordinary member of NTCAT who is the\nsubject of the complaint;\n(c) the Judicial Commission.\nNote for subsection (4)(a)\nUnder section 34, the investigation panel may refuse to disclose information to\nthe complainant if the disclosure would be contrary to the public interest.\n\nPart 3 Complaint process\nDivision 5 Action in response to complaint\nJudicial Commission Act 2020 27\n57 Report to Administrator and Minister\n(1) The investigation panel must give a written report under this section\nif it forms the opinion that the complaint could justify consideration\nof the removal from office or termination of appointment of the\njudicial officer or ordinary member of NTCAT who is the subject of\nthe complaint.\n(2) The report must be given to the Administrator and set out the\ninvestigation panel's findings of fact and its opinions.\n(3) The investigation panel must give a copy of the report to the\nMinister.\n(4) The Minister must, without delay, give a copy of the report to the\nfollowing:\n(a) the head of jurisdiction;\n(b) the Judicial Commission;\n(c) the judicial officer or ordinary member of NTCAT.\n(5) The judicial officer or ordinary member of NTCAT may give the\nMinister a written response to the report setting out the matters the\njudicial officer or ordinary member considers relevant.\n58 Tabling report before Legislative Assembly\nThe Minister must table a copy of any report or response, given to\nthe Minister under section 57, in the Legislative Assembly within\n6 sitting days after the report or response is received by the\nMinister.\nDivision 5 Action in response to complaint\n59 Interim suspension\n(1) If a complaint about a judicial officer or ordinary member of NTCAT\nis being investigated by an investigation panel, the head of\njurisdiction may suspend the judicial officer or ordinary member\nfrom performing functions or exercising powers of the officer's or\nmember's office.\n(2) The suspension continues until the earlier of the following:\n(a) the complaint is dismissed under section 53;\n(b) a report is given to the head of jurisdiction under section 56;\n\nPart 3 Complaint process\nDivision 5 Action in response to complaint\nJudicial Commission Act 2020 28\n(c) the head of jurisdiction otherwise terminates the suspension.\n(3) While a judicial officer or an ordinary member of NTCAT is\nsuspended under subsection (1), the judicial officer or ordinary\nmember remains entitled to be paid the remuneration and\nallowances to which the judicial officer or ordinary member is\notherwise entitled.\n60 Action by head of jurisdiction\n(1) After receiving a referral under section 49 or a report under\nsection 56, the head of jurisdiction may take one or more of the\nfollowing actions in respect of the judicial officer or ordinary\nmember of NTCAT who is the subject of the complaint:\n(a) give or provide counselling;\n(b) make recommendations regarding future conduct;\n(c) exercise any other powers available to the head of jurisdiction.\nExample for subsection (1)(c)\nDirect the judicial officer or ordinary member of NTCAT to participate in\nprofessional development or training.\n(2) In taking action under subsection (1), the head of jurisdiction must\nhave regard to the matters and any recommendations in the referral\nor report.\n(3) The head of jurisdiction must give a written report to the Judicial\nCommission stating the action taken under subsection (1) and the\nreasons for that action.\n(4) Subject to subsection (5), the Judicial Commission must give a\ncopy of the head of jurisdiction's report to the complainant.\n(5) The Judicial Commission must not disclose any information under\nsubsection (4) that is contrary to the public interest.\n61 Removal of Supreme Court Judge from office\nA Supreme Court Judge may be removed from office under\nsection 40(1) or (2) of the Supreme Court Act 1979 only if:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57(2); and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the Judge's removal from office on the\nground of proved misbehaviour or incapacity.\n\nPart 3 Complaint process\nDivision 5 Action in response to complaint\nJudicial Commission Act 2020 29\n62 Removal of Associate Judge from office\nAn Associate Judge may be removed from office under section 41F\nof the Supreme Court Act 1979 only if:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57(2); and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the Judge's removal from office because\nthe Associate Judge:\n(i) has become incapable of performing the duties of the\noffice, other than by reason of temporary illness; or\n(ii) is guilty of misbehaviour.\n63 Termination of appointment of Local Court Judge\n(1) The appointment of a Local Court Judge, other than an acting Local\nCourt Judge, may be terminated under section 57 of the Local\nCourt Act 2015 only if:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57(2); and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the Judge's termination of appointment on\nthe grounds of incapacity or misbehaviour.\n(2) The appointment of an acting Local Court Judge may be terminated\nunder section 63(d) of the Local Court Act 2015 with or without a\nreport from an investigation panel being received under section 57.\n64 Termination of appointment of member of NTCAT\nThe appointment of a member of NTCAT may be terminated under\nsection 19 of the Northern Territory Civil and Administrative\nTribunal Act 2014 only if:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57(2); and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the member's termination of appointment\non the grounds of incapacity or misbehaviour.\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 30\nPart 4 Miscellaneous matters\n65 Legal representation\n(1) A judicial officer or ordinary member of NTCAT who is the subject\nof a complaint is entitled to appear and to be represented by a legal\npractitioner during proceedings under this Act.\n(2) A person summoned to attend or who appears as a witness in\nproceedings under this Act may be represented by a legal\npractitioner.\n(3) In circumstances other than those referred to in subsection (1)\nor (2), a person may participate in proceedings under this Act, and\nbe represented by a legal practitioner, only with the consent of the\nJudicial Commission or an investigation panel.\n66 Procedure\nIn conducting its proceedings, the Judicial Commission and an\ninvestigation panel:\n(a) are not bound by the rules of evidence; and\n(b) may inform themselves in any manner they consider\nappropriate; and\n(c) may do whatever they consider necessary or expedient for the\nfair and expeditious examination or investigation into a\ncomplaint.\n67 Contempt\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct in the face, or\nwithin the hearing, of the Judicial Commission or an\ninvestigation panel; and\n(b) the conduct would constitute contempt of court, if the Judicial\nCommission or an investigation panel were a court of record,\nand the person is reckless in relation to that result.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 31\n68 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document or thing under this Act is not excused from\ndoing so on the ground that the answer, information, document or\nthing might tend to incriminate the person or make the person liable\nto a penalty.\n(2) However, the answer, information, document or thing is not\nadmissible in evidence against the person in a civil or criminal\nproceeding except a proceeding for:\n(a) an offence in which the falsity or misleading nature of the\nanswer, information, document or thing is relevant; or\n(b) an offence against section 76 to 81, 93, 95 to 97, 99 to 104,\n109, 118 or 119 of the Criminal Code.\nNote for subsection (2)(b)\nThese Criminal Code offences relate to disclosure of confidential information,\ncorruption, abuse of office, perjury and other offences against the administration\nof law, justice and public authority.\n69 Reimbursement of witness's expenses\nA witness appearing before the Judicial Commission or an\ninvestigation panel is entitled to be paid by the Territory for the\nwitness's expenses for attendance in accordance with the Supreme\nCourt's scale of costs.\n70 Payment of costs and expenses of judicial officer or ordinary\nmember of NTCAT\nThe reasonable costs and reasonable expenses incurred by a\njudicial officer or ordinary member of NTCAT, who is the subject of\na complaint, for appearance and legal representation in respect of\nproceedings under this Act are to be paid by the Territory.\n71 Protection of members\nA member of the Judicial Commission or an investigation panel\nhas, in the performance of functions or exercise of powers of office,\nthe same protection and immunity as a Justice of the High Court of\nAustralia.\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 32\n72 Protection of staff\n(1) The principal officer or another member of the staff of the Judicial\nCommission is not civilly liable for an act done or omitted to be\ndone by the person in good faith in the exercise of a power or\nperformance of a function under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n73 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 33\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n74 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an authorised officer; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an authorised officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 34\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the person, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe authorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the information or document.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(5) In this section:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nauthorised officer means any of the following:\n(a) a member of the Judicial Commission;\n(b) the principal officer or another member of the staff of the\nJudicial Commission;\n(c) a legal practitioner acting for the Judicial Commission or an\ninvestigation panel;\n(d) a member of an investigation panel.\n75 Giving information to Minister\n(1) The Judicial Commission must give written notice to the Minister\nwhen:\n(a) it establishes an investigation panel to investigate a complaint;\nand\n(b) the investigation panel completes its work in relation to a\ncomplaint.\n(2) The Judicial Commission must, at the request of the Minister, give\nthe Minister the following information in relation to a specific judicial\nofficer or ordinary member of NTCAT:\n(a) whether a complaint was made;\n(b) when a complaint was made;\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 35\n(c) the subject matter of any complaint and when the subject\nmatter is alleged to have occurred;\n(d) the status of any complaint;\n(e) the results of any investigation;\n(f) any action taken as a result of a complaint.\n(3) Despite subsection (2), the Judicial Commission may refuse to\nprovide information under that subsection if:\n(a) an investigation panel is not established to investigate the\ncomplaint; and\n(b) the Commission considers providing the information is\ncontrary to the public interest.\n(4) When providing the Minister with information about a complaint\nunder this section, the Judicial Commission may also provide other\ninformation that the Commission considers relevant.\n76 Annual report\n(1) Each financial year, the Judicial Commission must give the Minister\na written report about the work and activities of the Commission\nand any investigation panel established by the Commission.\n(2) The report must include the following information in relation to the\nfinancial year:\n(a) the number of complaints received by, or referred to, the\nJudicial Commission;\n(b) the number of complaints dismissed and the grounds for\ndismissal;\n(c) the number of complaints not dismissed and the results of the\ninvestigation;\n(d) a description, including statistics if appropriate, of any patterns\nin the nature and scope of the complaints.\n(3) The report may include recommendations for changes to:\n(a) this Act and any regulations; and\n(b) the Judicial Commission's functions and powers; and\n(c) any related administrative matters.\n\nPart 4 Miscellaneous matters\nJudicial Commission Act 2020 36\n(4) The report must not identify any person who is the subject of a\ncomplaint, unless the person is the subject of a public hearing or is\nfound guilty of an offence connected with the complaint.\n(5) The report must be given to the Minister by 30 September following\nthe end of the financial year to which it relates.\n(6) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n77 Approved forms\n(1) The chairperson of the Judicial Commission may approve forms for\nthis Act.\n(2) The chairperson of the Judicial Commission must publish an\napproved form on the Judicial Commission's website.\n78 Regulations\nThe Administrator may make regulations under this Act.\nNote for section 78\nSee section 65 of the Interpretation Act 1978.\n\nENDNOTES\nJudicial Commission Act 2020 37\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nJudicial Commission Act 2020 (Act No. 17, 2020)\nAssent date 1 July 2020\nCommenced 10 November 2021 (Gaz G45, 10 November 2021, p 1\nStatute Law Division Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n3 LIST OF AMENDMENTS\npt 5 hdg rep No. 17, 2020, s 93\npt 5\ndiv 1 hdg rep No. 17, 2020, s 93\nss 79 – 83 rep No. 17, 2020, s 93\npt 5\ndiv 2 hdg rep No. 17, 2020, s 93\nss 84 – 85 rep No. 17, 2020, s 93\npt 5\ndiv 3 hdg rep No. 17, 2020, s 93\nss 86 – 87 rep No. 17, 2020, s 93\npt 5\ndiv 4 hdg rep No. 17, 2020, s 93\nss 88 – 89 rep No. 17, 2020, s 93\npt 5\ndiv 5 hdg rep No. 17, 2020, s 93\nss 90 – 92 rep No. 17, 2020, s 93\npt 5\ndiv 6 hdg ins No. 26, 2020, s 3\nrep No. 17, 2020, s 93\ns 93 ins No. 26, 2020, s 3\nrep No. 17, 2020, s 93","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act, as presented, gives effect to a single, coherent purpose: creating an investigatory body for complaints about judicial officers and NTCAT ordinary members and setting out procedures, powers and reporting lines (see ss5–6). The endnotes list some formal amendments and repeals, but the operative provisions establish investigatory processes, powers and referral/ removal triggers and do not indicate a material expansion beyond that original purpose. Any amendments shown appear to be technical or statute‑law alignment rather than a substantive broadening of scope."},"complexity_factors":["Multiple institutional layers: Commission (s5–7), investigation panels (ss21–25) and heads of jurisdiction with distinct powers (ss59–60).","Cross-references to several other statutes and external processes: Criminal Code Part IIAA (s4), Independent Commissioner Against Corruption Act (s40(2), s41), Supreme Court Act 1979, Local Court Act 2015, Northern Territory Civil and Administrative Tribunal Act 2014 (ss61–64, s3 definitions).","Length and branching: roughly 78 sections spanning establishment, investigatory powers, procedures, offences, reporting and staff — many conditional paths (dismissal, referral, establishment of panels, reports to different recipients).","Defined terms concentrated in s3 (about 9 core defined terms: approved form, community member, complaint, head of jurisdiction, investigation panel, Judicial Commission, judicial officer, ordinary member of NTCAT, principal officer).","Detailed composition and eligibility rules for community members and panel members with multiple exclusions and nomination/appointment processes (ss8, 22–24).","Considerable coercive powers with procedural safeguards (summons, inspection, retention, search warrants, arrest warrants, medical exams) spread across several sections (ss17–20, 28–33).","Extensive discretion over confidentiality and publication with criminal penalties for unauthorised disclosure (ss34, 73) and burdens for compliance and evidence use (s68).","Non-delegable vs delegable functions: delegation rules with specific non-delegable decisions add complexity (s38).","Reporting, tabling and public accountability requirements (ss56–58, 76) with timing and disclosure exceptions.","Multiple safeguard and immunity clauses (ss35, 71–72) that interact with investigative and disclosure rules."],"plain_english_summary":"The law creates an independent Judicial Commission to receive and investigate written complaints about Northern Territory judicial officers and NTCAT members. It gives panels strong investigatory powers (summons, compel evidence, medical exams, warrants) but cannot itself remove or discipline — a panel report can trigger statutory removal processes. It affects judges, tribunal members, complainants and witnesses, and involves Minister‑nominated community members. Key trade‑offs: centralized fact‑finding and funded legal costs versus discretion over confidentiality, executive involvement in appointments, and administrative costs."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: establishing a commission for handling complaints against judges and tribunal members. The scope covers the expected range of judicial officers and includes appropriate investigative and disciplinary mechanisms without significant mission creep."},"complexity_factors":["Multiple overlapping bodies with distinct powers: Judicial Commission vs investigation panels vs heads of jurisdiction","Extensive cross-referencing between Parts 2 and 3, with powers scattered across Divisions 2 and 4 that are nearly identical but apply to different bodies","Complex appointment and eligibility rules with multiple categories of members (judicial members, community members, acting members) and different pools for different purposes","Conditional logic for removal from office requiring specific report types to specific office-holders (Administrator vs heads of jurisdiction)","Nested exceptions in confidentiality provisions (section 73) with multiple defences and strict liability elements","Sophisticated conflict-of-interest provisions (sections 11-12) requiring substitute appointments when senior judges are complainants or subjects","Interaction with external statutes: Supreme Court Act 1979, Local Court Act 2015, NTCAT Act 2014, ICAC Act 2017, Criminal Code, and Interpretation Act 1978"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Judicial Commission** — an independent body that handles complaints about judges and tribunal members in the Northern Territory. It covers Supreme Court Judges, Associate Judges, Local Court Judges, and members of the Northern Territory Civil and Administrative Tribunal (NTCAT).\n\n**Who it affects:**\n- **Judicial officers** (judges and senior tribunal members) — they can be complained about\n- **Ordinary members of NTCAT** — lower-level tribunal members who can also be complained about\n- **Complainants** — any person who wants to raise concerns about judicial behaviour or capacity\n- **Heads of jurisdiction** — the senior judges who receive referrals and can take disciplinary action\n\n**How the system works:**\n\n1. **Making a complaint**: Anyone can write to the Judicial Commission about a judge's behaviour or physical/mental fitness for office. The Minister can also refer matters.\n\n2. **Initial screening**: The Commission first checks if the complaint is serious enough to pursue. It can dismiss frivolous, trivial, or vexatious complaints immediately.\n\n3. **Two-track process**:\n   - **Less serious matters**: Referred to the \"head of jurisdiction\" (the boss of that particular court or tribunal) for counselling or recommendations\n   - **Serious matters**: An **investigation panel** is set up — a three-person body with two judges/former judges and one community member\n\n4. **Investigation powers**: Panels can summon witnesses, demand documents, issue arrest warrants for non-attendance, conduct searches, and require medical or psychological examinations of the judicial officer.\n\n5. **Outcomes**:\n   - If substantiated but not serious enough for removal: Report to head of jurisdiction for action\n   - If serious enough to justify removal: Report goes to the Administrator (the Territory's representative of the Crown) and the Minister, who must table it in Parliament\n   - **Removal from office** can only happen after an investigation panel reports that removal is justified\n\n**Key protections:**\n- **Independence**: Commission and panel members cannot be told what to do by anyone\n- **Legal representation**: Judges and members can have lawyers throughout\n- **Costs paid**: The Territory pays the legal costs for judges defending themselves\n- **Confidentiality**: Strict offences for leaking information (up to 2 years imprisonment)\n- **No self-incrimination protection**: Witnesses must answer questions, though answers generally can't be used against them in court later\n\n**Why it matters:**\nBefore this Act, there was no clear, independent process for investigating complaints about Northern Territory judges. This creates accountability while protecting judicial independence — ensuring judges can be investigated for misconduct or incapacity without political interference, but also ensuring they can't be removed without proper process."}},"importantCases":[],"_links":{"self":"/api/acts/judicial-commission-act-2020","history":"/api/acts/judicial-commission-act-2020/history","analysis":"/api/acts/judicial-commission-act-2020/analysis","conflicts":"/api/acts/judicial-commission-act-2020/conflicts","importantCases":"/api/acts/judicial-commission-act-2020/important-cases","documents":"/api/acts/judicial-commission-act-2020/documents"}}