{"id":"a-1994-9","name":"Judicial Commissions Act 1994","slug":"judicial-commissions-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"9 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23780,"registerId":"act-a-1994-9-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judicial Commissions Act 1994","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJudicial Commissions Act 1994\nA1994-9\nRepublication No 25\nEffective: 26 December 2025\nRepublication date: 26 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Judicial Commissions Act 1994 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJudicial Commissions Act 1994\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 2\nPart 2 Tenure of judicial office\n4 Tenure 3\n5 Removal of judicial officer 3\nPart 2A Judicial council\n5A Establishment of council 5\n5B Council—members 5\n\nContents\nPage\ncontents 2 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5C Appointment of members 5\n5D Standing acting arrangement—members 6\n5E Delegation by Chief Justice and Chief Magistrate 6\n5F Council—functions 6\n5G Member not to exercise function in certain circumstances 7\n5H Council—staff 7\n5I Council—delegation 7\nPart 3 Judicial commissions\n6 Constitution of judicial commission 8\n7 Members 8\n8 Terms and conditions of appointment 8\n10 Cessation 9\n12 Termination of appointment 9\n13 Arrangements for staff 9\nPart 4 Complaints against judicial officers\n14 Making of complaint 10\n15 Referral of complaint to council 11\n16 Council to examine complaint etc 11\n16A Protocol—complaints in relation to ACAT 11\n17 Council recommendation—appointment of commission 12\n18 Resolution by Legislative Assembly 13\n19 Judicial officer excused 13\n20 Functions of officers who have been excused 14\n21 Examination of complaint by commission 14\n22 Reports of commission 15\n23 Tabling reports 16\n24 Statement by judicial officer 17\nPart 5 Proceedings—council and commissions\nDivision 5.1 General\n24A Determination of question—council 19\n25 Determination of question—commission 19\n26 Counsel assisting 19\n\nContents\nPage\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Protection of members etc 20\n28 Offence—disclosure of information by members etc 20\n29 Disclosure of information to Attorney-General etc 21\n30 Outstanding matters—commission 22\nDivision 5.2 Evidence\n31 Procedure 22\n32 Privileges against self-incrimination and exposure to civil penalty 23\nDivision 5.3 Powers\n33 Search warrants 24\n34 Inspection and retention of documents 26\n35 Medical examination of judicial officer 27\nDivision 5.3A Examinations and hearings—council\n35A Preliminary examination 28\n35B Early dismissal of complaint 28\n35C Refer complaint to head of jurisdiction 29\n35D Examination of complaint by council 29\n35E Hearing of complaint by council 30\n35F Appearance and representation 30\n35G Examination of witnesses 30\n35H Powers in relation to witnesses etc 31\n35I Dismissal of complaint by council 31\n35J Substantiation of complaint by council 32\n35JA Notifying Attorney-General about complaint 33\n35K Extension or partial dismissal of complaint 33\nDivision 5.4 Hearings—commission\n37 Power to hold 34\n38 Person presiding 35\n39 Conduct of hearing 35\n40 Appearance and representation 35\n41 Presence of people at private hearing 36\n42 Examination of witnesses 36\n43 Powers in relation to witnesses etc 37\n43A Appearance by audiovisual or audio links 37\n44 Apprehension of witnesses failing to appear 38\n\nContents\nPage\ncontents 4 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n55 Application of Criminal Code, ch 7 40\n56 Contempt 40\n57 Vexatious complaints 40\n58 Protection of Attorney-General and other officers 41\n59 Reimbursement of costs and expenses 41\n60 No proceeding to be brought 42\n61 Reports of proceedings—protection 43\n61A Report of council activities 43\n61B Information about complaint to be provided to Attorney-General 44\n62 Approved forms 45\n63 Regulation-making power 45\nDictionary 46\nEndnotes\n1 About the endnotes 49\n2 Abbreviation key 49\n3 Legislation history 50\n4 Amendment history 55\n5 Earlier republications 62\n\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJudicial Commissions Act 1994\nAn Act to provide for the examination of complaints in relation to judicial\nofficers, to provide for their removal from office in certain circumstances, and\nfor related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Judicial Commissions Act 1994.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to an offence against this Act, pt 6 (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nTenure of judicial office Part 2\nSection 4\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Tenure of judicial office\n4 Tenure\nA judicial officer must not be removed from office except in\naccordance with this Act.\n5 Removal of judicial officer\n(1) If the Legislative Assembly passes, in the appropriate manner, a\nresolution requiring the Executive to remove a judicial officer from\noffice on the ground of misbehaviour or physical or mental\nincapacity, the Executive must, by instrument, remove the judicial\nofficer from the office.\n(2) For subsection (1), a resolution of the Legislative Assembly is taken\nto have been passed in the appropriate manner if it is passed—\n(a) under a motion of which notice was given after completion of\nthe formal process; and\n(b) within 15 sitting days after the Attorney-General has presented\nto the Legislative Assembly the report of the commission\nappointed to examine the complaint in respect of the judicial\nofficer; and\n(c) by a majority of the votes of the members of the Legislative\nAssembly present and voting.\n\nPart 2 Tenure of judicial office\nSection 5\npage 4 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (2), the formal process is taken to have been completed\nif—\n(a) the commission has submitted to the Attorney-General in\naccordance with section 22 a report of its examination of the\ncomplaint in which it concludes that the behaviour or physical\nor mental capacity of the judicial officer concerned could\namount to proved misbehaviour or incapacity such as to warrant\nremoval from office and the Attorney-General has presented a\ncopy of the report to the Legislative Assembly in accordance\nwith section 23; and\n(b) following the submission of the report—\n(i) the judicial officer has delivered to the Attorney-General\nin accordance with section 24 (1) and (3) a statement\nrelating to the report and the Attorney-General has\npresented the statement to the Legislative Assembly in\naccordance with section 24 (4); or\n(ii) the period for delivering such a statement has expired and\nno such statement has been delivered by the judicial officer\nto the Attorney-General; and\n(c) the judicial officer has been given a reasonable opportunity by\nthe Legislative Assembly to address the Assembly (whether in\nperson or by a lawyer on the judicial officer’s behalf) in relation\nto any matter relating to the commission’s findings or\nconclusion; and\n(d) the Legislative Assembly has determined that the findings by the\ncommission amount to misbehaviour or physical or mental\nincapacity identified by the commission.\n(4) An address to the Assembly in accordance with subsection (3) (c)\nmust not contain any references to people or things that are\ninconsistent with the commission’s reasons for submitting a separate\nreport (if any) in accordance with section 22 (3).\n\nJudicial council Part 2A\nSection 5A\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2A Judicial council\n5A Establishment of council\nThe judicial council (the council) is established.\n5B Council—members\n(1) The council consists of—\n(a) the Chief Justice; and\n(b) the Chief Magistrate; and\n(c) 2 members appointed by the Executive.\n(2) The Chief Justice is the head of council.\n5C Appointment of members\n(1) The Executive must appoint—\n(a) 1 member who is a legal practitioner jointly nominated by the\ncouncil of the law society and the council of the bar association;\nand\n(b) 1 member who the Executive is satisfied has the qualifications\nand experience to assist the council in the exercise of its\nfunctions.\n(2) Before appointing a person as a member of the council, the Executive\nmust consult with the Chief Justice and the Chief Magistrate.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n\nPart 2A Judicial council\nSection 5D\npage 6 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5D Standing acting arrangement—members\n(1) The Executive may appoint a person to act for a member of the\ncouncil appointed under section 5C during all periods when the\nmember cannot for any reason exercise the functions of a member of\nthe council.\nNote 1 The Legislation Act, div 19.3.2A deals with standing acting\narrangements.\nNote 2 A person acting under a standing arrangement has all the functions of the\noccupant of the position.\n(2) Before appointing a person under this section, the Executive must\nconsult with the Chief Justice and the Chief Magistrate.\n5E Delegation by Chief Justice and Chief Magistrate\n(1) The Chief Justice may delegate a function under this part to a resident\njudge.\n(2) The Chief Magistrate may delegate a function under this part to a\nmagistrate.\n(3) The delegate may exercise a function as a member of the council only\nwhen the delegator cannot for any reason exercise the function.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n5F Council—functions\nThe council has the following functions:\n(a) receiving complaints in relation to a judicial officer;\n(b) examining complaints in relation to a judicial officer;\n(c) referring certain complaints to the Executive or a head of\njurisdiction;\n(d) giving information about the process for complaints in relation\nto judicial officers;\n\nJudicial council Part 2A\nSection 5G\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) any other function given to the council under this Act or another\nterritory law.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196).\n5G Member not to exercise function in certain circumstances\nIf a member of the council is, in relation to a complaint, the\ncomplainant or the judicial officer who is the subject of the complaint,\nthe member may not exercise a function as a member of the council\nin relation to the complaint.\n5H Council—staff\nThe council is to be supported in the exercise of its functions by a\nprincipal officer and other staff considered suitable by the council.\n5I Council—delegation\n(1) The council may delegate its functions under this Act to a member of\nthe council’s staff.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) However, the council must not delegate its function of—\n(a) dismissing a complaint, other than its function under\nsection 35B (1) (a), (f) or (g); or\n(b) referring a complaint; or\n(c) making a recommendation in relation to a complaint.\n\nPart 3 Judicial commissions\nSection 6\npage 8 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Judicial commissions\n6 Constitution of judicial commission\nA judicial commission must consist of a presiding member and\n2 other members appointed by the Executive.\nNote For the making of appointments, see the Legislation Act, pt 19.3.\n7 Members\n(1) A person must not be appointed as a member—\n(a) unless the person is or has been a judge; or\n(b) unless the person has been a judge of the Supreme Court or\njustice of the High Court; or\n(c) if the person is an acting judge appointed under the Supreme\nCourt Act 1933, section 4B.\n(2) If a member dies, resigns or is removed from office under\nsection 12—\n(a) the remaining members constitute the commission; and\n(b) this Act has effect as if section 6 referred to 1 other member.\n(3) If the presiding member dies, resigns or is removed from office under\nsection 12, the Executive must, in writing, appoint 1 of the remaining\nmembers to be the presiding member.\n8 Terms and conditions of appointment\nA member holds office on such terms and conditions in relation to\nmatters not provided for by this Act as are determined in writing by\nthe Executive.\n\nJudicial commissions Part 3\nSection 10\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Cessation\nA member ceases to hold office as a member—\n(a) when the commission’s report of its examination of the\ncomplaint has been submitted to the Attorney-General in\naccordance with section 22; or\n(b) if section 30 applies—when the commission notifies the\nAttorney-General in accordance with that section that any\noutstanding matters have been finalised.\nNote A commissioner’s appointment also ends if the person resigns (see\nLegislation Act, s 210).\n12 Termination of appointment\nThe Executive may terminate the appointment of a member for\nmisbehaviour or physical or mental incapacity.\n13 Arrangements for staff\n(1) A commission may arrange with the head of service to use the\nservices of a public servant.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n(2) A public servant subject to an arrangement under subsection (1) must\nact in accordance with the direction of a member, and not otherwise.\n\nPart 4 Complaints against judicial officers\nSection 14\npage 10 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Complaints against judicial\nofficers\n14 Making of complaint\n(1) A person may complain to the council or the Attorney-General about\na matter that relates or may relate to the behaviour or physical or\nmental capacity of a judicial officer (other than a presidential member\nof the ACAT).\n(2) A person may complain to the Attorney-General about a matter that\nrelates or may relate to the behaviour or physical or mental capacity\nof a presidential member of the ACAT.\n(3) A complaint must—\n(a) be in writing; and\n(b) state the name and address of the complainant; and\n(c) identify the judicial officer concerned; and\n(d) contain full particulars of the matter the subject of the complaint;\nand\n(e) contain anything else prescribed by regulation.\n(4) A member of the Legislative Assembly must not raise in the\nAssembly a matter that relates or may relate to the behaviour or\nphysical or mental capacity of a judicial officer—\n(a) except by way of a motion to have a specific allegation made in\nprecise terms in relation to the judicial officer examined by a\njudicial commission; and\n(b) unless the member has given to the Attorney-General not less\nthan 6 sitting days notice of the motion and the member has not\nbeen notified by the Attorney-General or the council within that\nperiod that a recommendation has been made that the Executive\nappoint a judicial commission in relation to the allegation.\n\nComplaints against judicial officers Part 4\nSection 15\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If a member of the Legislative Assembly gives notice under\nsubsection (4) (b), the member must also tell the council about the\nnotice.\n15 Referral of complaint to council\n(1) The Attorney-General must, as soon as practicable after receiving a\ncomplaint—\n(a) refer the complaint to the council; and\n(b) tell the complainant that the complaint has been referred to the\ncouncil.\n(2) However, if the complaint is about a presidential member of the\nACAT, the Attorney-General must ensure that it is dealt with in\naccordance with an approved protocol.\n16 Council to examine complaint etc\nThe council must, as soon as practicable after receiving a complaint—\n(a) examine the complaint in accordance with\npart 5 (Proceedings—council and commissions); and\n(b) tell the following about the complaint:\n(i) the subject of the complaint;\n(ii) if the subject of the complaint is not a head of\njurisdiction—the relevant head of jurisdiction.\n16A Protocol—complaints in relation to ACAT\n(1) The Attorney-General must approve a protocol about dealing with\ncomplaints made in relation to a presidential member of the ACAT.\n(2) An approved protocol may provide for the appointment of a suitably\nqualified person to consider a complaint in relation to a presidential\nmember.\n\nPart 4 Complaints against judicial officers\nSection 17\npage 12 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An approved protocol must provide—\n(a) for the following to be told about the complaint as soon as\npracticable:\n(i) the subject of the complaint;\n(ii) if the subject of the complaint is not the president—the\npresident; and\n(b) for a recommendation to be made to the Executive to appoint a\njudicial commission to examine the complaint if the complaint\ncould justify parliamentary consideration of the removal of the\npresidential member.\n(4) An approved protocol is a notifiable instrument.\n17 Council recommendation—appointment of commission\n(1) If the council is satisfied on reasonable grounds that a complaint is\nwholly or partly substantiated under section 35J (1) (a)\n(Substantiation of complaint by council) the council must—\n(a) recommend, in writing, that the Executive appoint a judicial\ncommission to examine the complaint; and\n(b) give the Executive the report mentioned in section 35J.\n(2) The council must also give written notice of a recommendation under\nsubsection (1) (a) to—\n(a) the complainant or the member of the Legislative Assembly\n(as the case requires); and\n(b) the subject of the complaint; and\n(c) if the subject of the complaint is not a head of jurisdiction—the\nrelevant head of jurisdiction.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n\nComplaints against judicial officers Part 4\nSection 18\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the Executive receives a recommendation from the council under\nthis section the Executive must appoint a judicial commission to\nexamine and report on the complaint.\n18 Resolution by Legislative Assembly\nIf the Legislative Assembly passes a resolution for the examination\nof a complaint in relation to a judicial officer by a judicial\ncommission, the Executive must appoint a judicial commission to\nexamine the complaint and to submit to the Attorney-General a report\nof its examination within the period specified by the Executive or\nwithin such further period as the Executive, by notice in writing,\nallows.\n19 Judicial officer excused\n(1) When a commission is appointed to examine a complaint, the judicial\nofficer concerned is, by force of this section, excused from exercising\nany function connected with the relevant judicial office.\n(2) A judicial officer who has been excused must not resume the exercise\nof any such function unless—\n(a) the commission has submitted to the Attorney-General in\naccordance with section 22 a report of its examination of the\ncomplaint in which it does not conclude that the behaviour or\nphysical or mental capacity of the judicial officer could amount\nto proved misbehaviour or incapacity such as to warrant removal\nfrom office; or\n(b) a motion in the Legislative Assembly to require the removal\nfrom office of the judicial officer is withdrawn or is not called\non within 5 sitting days after the Attorney-General has presented\nthe commission’s report to the Legislative Assembly in\naccordance with section 23; or\n\nPart 4 Complaints against judicial officers\nSection 20\npage 14 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) such a motion, having been called on before the Legislative\nAssembly within the period referred to in paragraph (b), is\nresolved in the negative.\n(3) A judicial officer who has been excused from office is entitled to be\npaid remuneration and allowances as a judicial officer for that office\nwhile excused.\n20 Functions of officers who have been excused\n(1) Subject to this section, a judicial officer who has been excused must\nnot, while excused, exercise any function connected with the relevant\njudicial office.\n(2) The Executive may, by instrument, authorise a judicial officer who\nhas been excused to exercise such functions as are necessary for the\npurpose of completing a specified matter or class of matters.\n(3) If a judicial officer who has been excused exercises a function\nconnected with the relevant judicial office, the function is taken to\nhave been exercised as validly and effectively as if the judicial officer\nhad not been excused.\n21 Examination of complaint by commission\n(1) A commission must, as soon as practicable after being appointed to\nexamine a complaint, conduct an examination of the complaint.\n(2) In conducting the examination, the commission—\n(a) must consider only specific allegations made in precise terms;\nand\n(b) must not consider a matter arising before the appointment of the\njudicial officer concerned to the relevant office unless the\ncommission considers it necessary and desirable to do so for the\nfull and proper examination of the complaint; and\n(c) may initiate such inquiries into the subject matter of the\ncomplaint as the commission considers appropriate.\n\nComplaints against judicial officers Part 4\nSection 22\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Except as otherwise provided by this Act, an examination or inquiry\nmust be conducted in such manner as the commission determines.\n22 Reports of commission\n(1) After completing an examination of a complaint, a commission\nmust—\n(a) prepare a report of its examination; and\n(b) submit the report to the Attorney-General.\n(2) A report must—\n(a) set out the commission’s findings on material questions of fact;\nand\n(b) refer to the evidence or other material on which those findings\nwere based; and\n(c) set out the commission’s conclusion as to whether or not the\nbehaviour or physical or mental capacity of the judicial officer\nconcerned could amount to proved misbehaviour or incapacity\nsuch as to warrant his or her removal from office.\n(3) If a commission is of the opinion that, if any of its findings, or any of\nthe evidence given before the commission, in relation to a person\n(other than the judicial officer the subject of the complaint) were to\nbe presented to the Legislative Assembly—\n(a) a person who has been or may be charged with an offence may\nnot receive a fair trial for the offence; or\n(b) the conduct of an investigation of a breach or possible breach of\nthe law may be prejudiced; or\n(c) the existence or identity of a confidential source of information\nin relation to the enforcement or administration of the law may\nbe disclosed or a person enabled to ascertain the existence or\nidentity of that source; or\n\nPart 4 Complaints against judicial officers\nSection 23\npage 16 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) there may be prejudice to the safety or reputation of a person;\nthe commission may include those findings or that evidence in a\nseparate report and submit the report to the Attorney-General,\ntogether with—\n(e) a statement of its opinion; and\n(f) a recommendation that the report not be presented to the\nLegislative Assembly.\n(4) When submitting a report to the Attorney-General, a commission\nmust commit any documents or things (except documents or things\nrequired for the purpose of finalising matters under section 30) then\nin its possession to the custody of the Attorney-General for\nsafekeeping.\n(5) The Attorney-General must accept a recommendation referred to in\nsubsection (3) (f) unless he or she is satisfied that there are compelling\nreasons of public policy why the relevant report should be presented\nto the Legislative Assembly.\n23 Tabling reports\n(1) The Attorney-General must, as soon as practicable after receiving a\nreport submitted by a commission (other than a report in relation to\nwhich he or she has accepted a recommendation referred to in section\n22 (3) (f)), present a copy of the report to the Legislative Assembly.\n(2) The Attorney-General must, on presenting a copy of the report to the\nLegislative Assembly, give a copy of that report to—\n(a) the judicial officer the subject of the complaint; and\n(b) if the judicial officer is not a head of jurisdiction—the relevant\nhead of jurisdiction.\n\nComplaints against judicial officers Part 4\nSection 24\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Attorney-General may also give to the judicial officer the subject\nof a complaint a copy of a report in accordance with section 22 (3) in\nrelation to which the Attorney-General has accepted a\nrecommendation referred to in section 22 (3) (f) if the Attorney-\nGeneral considers it appropriate to do so.\n(4) The Attorney-General need not inquire whether a condition precedent\nhas been satisfied in relation to a report purporting to have been\nprepared and submitted in accordance with this Act.\n(5) A person who publishes a report or part of a report that has not been\npresented to the Legislative Assembly by the Attorney-General\ncommits an offence.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n24 Statement by judicial officer\n(1) Where a commission submits to the Attorney-General a report of its\nexamination of a complaint in relation to a judicial officer, the judicial\nofficer may deliver to the Attorney-General a written statement\ncontaining particulars of any matter relating to the commission’s\nfindings.\n(2) A statement relating to a report must not contain any references to\npeople or things that are inconsistent with the commission’s reasons\nfor submitting a separate report (if any) in accordance with section 22\n(3).\n(3) A statement relating to a report must be delivered to the Attorney-\nGeneral—\n(a) if the Legislative Assembly has, by resolution, fixed a period\nlonger than 14 days after the Attorney-General has presented the\nreport to the Assembly—within the period so fixed; or\n\nPart 4 Complaints against judicial officers\nSection 24\npage 18 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if paragraph (a) does not apply—within 14 days after the\nAttorney-General has presented the report to the Assembly.\n(4) The Attorney-General must, as soon as practicable after receiving a\nstatement under subsection (1), present a copy of the statement to the\nLegislative Assembly.\n\nProceedings—council and commissions Part 5\nGeneral Division 5.1\nSection 24A\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Proceedings—council and\ncommissions\nDivision 5.1 General\n24A Determination of question—council\n(1) A question before the council must be decided—\n(a) in accordance with the opinion of a majority of the members; or\n(b) if the council is equally divided—in accordance with the opinion\nof the head of council.\n(2) If, in relation to a question before the council, members are not\nunanimous in opinion, a member may require the record of the\ncouncil to reflect the different opinions of the members on that\nquestion.\n25 Determination of question—commission\n(1) A question arising before a commission must be decided—\n(a) if the commission is constituted by 3 members—in accordance\nwith the opinion of a majority of the members; or\n(b) if the commission is constituted by 2 members and those\nmembers are divided in opinion—in accordance with the\nopinion of the presiding member.\n(2) If, in relation to a question arising before a commission, the members\nare not unanimous in opinion, there must, if a member so requires, be\nrecorded in the report of the commission particulars of the opinions\nof the members on that question.\n26 Counsel assisting\nThe council or a commission may appoint a lawyer to assist it, either\ngenerally or in relation to a particular matter.\n\nPart 5 Proceedings—council and commissions\nDivision 5.1 General\nSection 27\npage 20 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Protection of members etc\n(1) A member of the council or a commission has, in the exercise of any\nfunction as a member in relation to an examination, the same\nprotection and immunity as a judge of the Supreme Court in\nproceedings in that Court.\n(2) A lawyer assisting the council or a commission or appearing on a\nperson’s behalf at a hearing before the council or a commission has\nthe same protection and immunity as a barrister has in appearing for\na party in proceedings in the Supreme Court.\n(3) Subject to this Act, a person subpoenaed to attend or appearing before\nthe council or a commission as a witness has the same protection and\nis subject to the same liabilities as a witness in proceedings in the\nSupreme Court.\n28 Offence—disclosure of information by members etc\n(1) This section applies to—\n(a) a person who is or has been—\n(i) a member of the council or a commission; or\n(ii) a member of the staff of the council; or\n(iii) a member of the staff of a commission; or\n(iv) a lawyer assisting the council or a commission; and\n(b) any other person who has or has had access to information by\nvirtue of that person’s office or employment under or for this\nAct.\n\nProceedings—council and commissions Part 5\nGeneral Division 5.1\nSection 29\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person to whom this section applies must not, either directly or\nindirectly, except in the exercise of a function under or for this Act or\nthe Integrity Commission Act 2018, section 59 (Other entities may\nrefer corruption complaints)—\n(a) make a record of, or divulge or communicate to any person, any\ninformation acquired by the firstmentioned person by virtue of\nthat person’s office or employment under or for this Act or the\nIntegrity Commission Act 2018, section 59 (Other entities may\nrefer corruption complaints); or\n(b) make use of any such information; or\n(c) produce to any person, or permit any person to have access to, a\ndocument provided for this Act or the Integrity Commission\nAct 2018, section 59 (Other entities may refer corruption\ncomplaints).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n29 Disclosure of information to Attorney-General etc\nIf, in the course of exercising a function under this Act, the council or\na commission obtains information that relates or may relate to the\ncommission of an offence, or evidence of the commission of an\noffence against a law of the territory, the Commonwealth, a State or\nanother Territory, the council or commission may, if in its opinion it\nis appropriate to do so, communicate the information or give the\nevidence to—\n(a) the Attorney-General or the appropriate Minister of State for the\nCommonwealth, a State or that other Territory; or\n(b) the chief police officer.\n\nPart 5 Proceedings—council and commissions\nDivision 5.2 Evidence\nSection 30\npage 22 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Outstanding matters—commission\n(1) If—\n(a) a commission has submitted its report in accordance with\nsection 22; and\n(b) there are any outstanding matters connected with the exercise by\nthe commission of its functions under this Act;\nthe commission must—\n(c) notify the Attorney-General that there are outstanding matters;\nand\n(d) for such time as is necessary, continue to exercise its powers\nunder this Act for the purpose of finalising those matters.\n(2) When any outstanding matters have been finalised, the commission\nmust—\n(a) notify the Attorney-General accordingly; and\n(b) commit any documents or things still in its possession to the\ncustody of the Attorney-General for safekeeping.\nDivision 5.2 Evidence\n31 Procedure\nIn conducting its proceedings, the council or a commission—\n(a) is not bound by the rules of evidence but may inform itself of\nany matter in such manner as it considers appropriate; and\n(b) may do whatever it considers necessary or expedient for the fair\nand expeditious conduct of the examination of the complaint.\n\nProceedings—council and commissions Part 5\nEvidence Division 5.2\nSection 32\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required under this part to—\n(a) produce a document or other thing; or\n(b) answer a question.\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to produce the document or other thing or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of the producing of the document or other thing,\nor the answering of the question, is not admissible in evidence against\nthe person in a civil or criminal proceeding, other than a proceeding\nfor—\n(a) an offence in relation to the falsity or the misleading nature of\nthe answer, document or information; or\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n\nPart 5 Proceedings—council and commissions\nDivision 5.3 Powers\nSection 33\npage 24 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.3 Powers\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n33 Search warrants\n(1) The presiding member of a commission may issue a search warrant\nif—\n(a) the presiding member has reasonable grounds for suspecting that\nthere may be, at that time or within the next following 24 hours,\nin or on any premises, a thing of a particular kind connected with\na matter into which the commission is inquiring (thing of the\nrelevant kind); and\n(b) the presiding member believes on reasonable grounds that, if a\nsearch warrant were not issued for the production of the thing,\nthat thing might be concealed, lost, mutilated, destroyed or\ndisposed of.\n(2) A search warrant must authorise a police officer or an authorised\nperson named in the warrant with such assistance, and by such force,\nas is necessary and reasonable—\n(a) to enter the premises; and\n(b) to search the premises for things of the relevant kind; and\n(c) to seize any things of the relevant kind found in or on the\npremises; and\n(d) to deliver anything so seized to the commission.\n(3) A search warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or night;\nand\n\nProceedings—council and commissions Part 5\nPowers Division 5.3\nSection 33\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) include a description of the kind of things in relation to which\nthe powers under the warrant may be exercised; and\n(d) specify the date, being a date not later than 1 month after the\ndate of issue of the warrant, on which the warrant ceases to have\neffect.\n(4) A search warrant may be executed, in accordance with its terms, at\nany time during the period commencing on the date of issue of the\nwarrant and ending at the end of the date specified for\nsubsection (3) (d).\n(5) If, in the course of searching under a search warrant for a thing of a\nrelevant kind—\n(a) the person executing the warrant finds a thing that the person\nbelieves on reasonable grounds to be connected with the matter\ninto which the commission is inquiring, although not of a kind\nspecified in the warrant; and\n(b) the person believes on reasonable grounds that it is necessary to\nseize that thing in order to prevent its being concealed, lost,\nmutilated, destroyed or disposed of;\nthe person may seize that thing and must deliver the thing so seized\nto the commission.\n(6) A person executing a search warrant must, on request by an occupant\nof the premises to which the warrant relates, show the warrant to that\noccupant.\n(7) A reference in subsection (1) to the presiding member of a\ncommission includes a reference to a member authorised by the\npresiding member to act under that subsection.\n\nPart 5 Proceedings—council and commissions\nDivision 5.3 Powers\nSection 34\npage 26 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Inspection and retention of documents\n(1) A council member, a member of the staff of the council or an\nauthorised person may—\n(a) inspect a document or other thing produced before, or delivered\nto, the council; and\n(b) retain possession of the document or thing for the period\nnecessary for the purposes of the inquiry to which the document\nor thing relates; and\n(c) in the case of a document produced before, or delivered to, the\ncouncil—make copies of, or take extracts from, the parts of the\ndocument that are relevant to a matter the subject of the inquiry.\n(2) A commission, a member, a member of the staff of a commission or\nan authorised person may—\n(a) inspect a document or other thing produced before, or delivered\nto, the commission; and\n(b) retain possession of the document or thing for such period as is\nnecessary for the purposes of the inquiry to which the document\nor thing relates; and\n(c) in the case of a document produced before, or delivered to, the\ncommission—make copies of, or take extracts from, such parts\nof the document as are relevant to a matter the subject of the\ninquiry.\n(3) Where a document is retained under subsection (1) (b) or (2) (b)—\n(a) the person otherwise entitled to possession of the document is\nentitled to be supplied, as soon as practicable, with a copy\ncertified by a member to be a true copy and the certified copy\nmust be received in all courts as evidence as if it were the\noriginal; and\n\nProceedings—council and commissions Part 5\nPowers Division 5.3\nSection 35\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) until the certified copy is supplied, the commission must, at such\ntimes and places as it thinks appropriate, permit the person\notherwise entitled to possession of the document, or a person\nauthorised by that person, to inspect and make copies of, or take\nextracts from, the document.\n(4) If the retention of a document or other thing by the council or a\ncommission ceases to be necessary for the purposes of an inquiry and\na person who reasonably appears to the council or commission to be\nentitled to the document or thing requests it, the council or\ncommission must return the document or thing to the person.\n35 Medical examination of judicial officer\n(1) If, in the course of examining a complaint, the council or a\ncommission forms the opinion on reasonable grounds that the judicial\nofficer concerned may be physically or mentally unfit to exercise\nefficiently the functions of his or her office, the council may request\nthe judicial officer to—\n(a) undergo a specified medical examination within a reasonable\nstated time; and\n(b) give the council a copy of any report of the medical examination.\n(2) A specified medical examination must relate only to the physical or\nmental fitness of the judicial officer to exercise efficiently the\nfunctions of his or her office.\n(3) If the judicial officer fails, without reasonable excuse, to comply with\nthe request, a statement to that effect must be included in any report\ngiven in relation to the judicial officer under—\n(a) section 22 (Reports of commission); or\n(b) section 35I (Dismissal of complaint by council); or\n(c) section 35J (Substantiation of complaint by council).\n\nPart 5 Proceedings—council and commissions\nDivision 5.3A Examinations and hearings—council\nSection 35A\npage 28 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.3A Examinations and hearings—council\n35A Preliminary examination\n(1) The council must conduct a preliminary examination of a complaint.\n(2) The council may initiate the inquiries into the subject matter of the\ncomplaint that the council considers appropriate.\n(3) A preliminary examination and any inquiries must, as far as\npracticable, be in private.\n35B Early dismissal of complaint\n(1) After a preliminary examination under section 35A, the council may\ndismiss a complaint if satisfied on reasonable grounds of any of the\nfollowing:\n(a) the complaint is one that the council is not required to deal with;\n(b) the complaint is frivolous, vexatious or not in good faith;\n(c) the subject matter of the complaint is trivial;\n(d) the matter complained about happened at too remote a time to\njustify further consideration;\n(e) in relation to the matter complained about, there is or was\navailable a satisfactory means of redress or of dealing with the\ncomplaint or the subject matter of the complaint;\n(f) without limiting paragraph (e), the complaint relates to the\nexercise of a judicial or other function that is or was subject to\nadequate appeal or review rights;\n(g) the person complained about is no longer a judicial officer;\n(h) 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 council may\nhave regard to any matter the council considers relevant.\n\nProceedings—council and commissions Part 5\nExaminations and hearings—council Division 5.3A\nSection 35C\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the council dismisses a complaint after a preliminary examination\nunder section 35A, the council must tell the complainant that the\ncomplaint has been dismissed.\n35C Refer complaint to head of jurisdiction\n(1) The council may refer a complaint to the relevant head of jurisdiction\nif the council is satisfied on reasonable grounds that although the\ncomplaint appears to be wholly or partly substantiated, it does not\njustify the attention of the council.\n(2) A reference under subsection (1) may include recommendations as to\nwhat steps might be taken to deal with the complaint.\n35D Examination of complaint by council\n(1) The council must conduct an examination of a complaint received by\nthe council or referred to it under section 15 (Referral of complaint to\ncouncil) unless—\n(a) the complaint is dismissed under section 35B (Early dismissal\nof complaint); or\n(b) the complaint is referred under section 35C.\n(2) The council may initiate the inquiries into the subject matter of the\ncomplaint that the council considers appropriate.\n(3) An examination and any inquiries must, as far as practicable, be in\nprivate.\n(4) The council must tell the Attorney-General when it starts conducting\nan examination of a complaint about a judicial officer and when, and\nthe way in which, the complaint is disposed of.\n(5) Subsection (4) applies whether or not the Attorney-General has\nrequested the information about the complaint.\n\nPart 5 Proceedings—council and commissions\nDivision 5.3A Examinations and hearings—council\nSection 35E\npage 30 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35E Hearing of complaint by council\n(1) The council may hold hearings in connection with a complaint.\n(2) A hearing must be held in private, unless the council decides on\nreasonable grounds that it is in the public interest for the hearing to\nbe held in public.\n(3) If a hearing or part of a hearing is to be held in private, the council\nmay give directions as to the persons who may be present.\n35F Appearance and representation\n(1) At a hearing—\n(a) the judicial officer the subject of a complaint is entitled to appear\nand to be represented by a lawyer; and\n(b) a person summoned to attend or appearing before the council as\na witness may be represented by a lawyer; and\n(c) any other person may, with the consent of the council, appear\nand may be represented by a lawyer.\n(2) In subsection (1) (b):\nperson includes an unincorporated association.\n35G Examination of witnesses\nThe following may examine or cross-examine a witness at a hearing\non any matter that the council is satisfied on reasonable grounds is\nrelevant and appropriate to its inquiry:\n(a) a lawyer assisting the council;\n(b) the judicial officer the subject of the complaint or the lawyer\nrepresenting the judicial officer;\n(c) any other person present who is permitted by the head of council\nto do so.\n\nProceedings—council and commissions Part 5\nExaminations and hearings—council Division 5.3A\nSection 35H\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35H Powers in relation to witnesses etc\n(1) The head of council, or an authorised person, may, by written notice\ngiven to a person (a subpoena), require the person to appear before\nthe council at a hearing, at a stated time and place, to do either or both\nof the following:\n(a) give evidence;\n(b) produce a stated document or other thing relevant to the hearing.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) A person is taken to have complied with a subpoena under subsection\n(1) (b) if the person gives the document or other thing to the council\nbefore the date stated in the subpoena for its production.\n(3) The head of council may require a witness appearing at a hearing\nbefore the council to give evidence to do 1 or more of the following:\n(a) take an oath;\n(b) answer a question relevant to the hearing;\n(c) produce a stated document or other thing relevant to the hearing.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n35I Dismissal of complaint by council\n(1) The council must dismiss a complaint if satisfied on reasonable\ngrounds that—\n(a) any of the matters mentioned in section 35B (Early dismissal of\ncomplaint) apply to the complaint; or\n(b) the complaint has not been substantiated.\n(2) If the council dismisses a complaint, the council must prepare a report\nof its examination.\n\nPart 5 Proceedings—council and commissions\nDivision 5.3A Examinations and hearings—council\nSection 35J\npage 32 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A report must—\n(a) set out the council’s findings on material questions of fact; and\n(b) refer to the evidence or other material on which those findings\nwere based; and\n(c) set out the council’s reasons for dismissing the complaint.\n(4) The council must give a copy of the report to the judicial officer\nconcerned and, in the case of notice by a member of the Legislative\nAssembly, to the member.\n(5) The council may give a copy of the report, or a summary of the report,\nto the complainant.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n35J Substantiation of complaint by council\n(1) If the council is satisfied on reasonable grounds that a complaint is\nwholly or partly substantiated, the council must—\n(a) if the complaint could justify parliamentary consideration of the\nremoval of the judicial officer—make a recommendation under\nsection 17 (Council recommendation—appointment of\ncommission); or\n(b) if the complaint could not justify parliamentary consideration of\nthe removal of the judicial officer—refer the complaint under\nsection 35C (Refer complaint to head of jurisdiction).\n(2) If the council substantiates a complaint, the council must—\n(a) prepare a report of its examination; and\n(b) give the report to—\n(i) if subsection (1) (a) applies—the Executive; or\n(ii) if subsection (1) (b) applies—the head of jurisdiction.\n\nProceedings—council and commissions Part 5\nExaminations and hearings—council Division 5.3A\nSection 35JA\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A report must—\n(a) set out the council’s findings on material questions of fact; and\n(b) refer to the evidence or other material on which those findings\nwere based; and\n(c) set out the council’s reasons for substantiating the complaint.\n(4) The council must give a copy of the report to the judicial officer\nconcerned and, in the case of notice by a member of the Legislative\nAssembly, to the member.\n(5) The council may give a copy of the report, or a summary of the report,\nto the complainant.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n35JA Notifying Attorney-General about complaint\n(1) This section applies to a complaint referred to the council under\nsection 15.\n(2) The council must, as soon as practicable after dealing with the\ncomplaint, notify the Attorney-General about whether the matter\nwas—\n(a) dismissed under section 35B; or\n(b) referred to the relevant head of jurisdiction under section 35C.\nNote The council must also notify the Attorney-General under s 35D (4) when\nit starts examining a complaint about a judicial officer and when, and the\nway in which, the complaint is disposed of.\n35K Extension or partial dismissal of complaint\n(1) In dealing with a complaint about a judicial officer, the council is not\nlimited to the matters raised initially in the complaint, and the council\nmay treat the original complaint as extending to other matters arising\nin the course of its being dealt with.\n\nPart 5 Proceedings—council and commissions\nDivision 5.4 Hearings—commission\nSection 37\npage 34 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If, in dealing with a complaint about a judicial officer, a matter which\nmight constitute grounds for a complaint about another judicial\nofficer come to the attention of the council, it may treat the original\ncomplaint as extending to the new matter.\n(3) A power to dismiss a complaint includes a power to dismiss a part of\na complaint.\nDivision 5.4 Hearings—commission\n37 Power to hold\n(1) For the purposes of conducting an inquiry, a commission may hold\nhearings.\n(2) Subject to subsection (3), a hearing must be in public.\n(3) If a commission is satisfied that it is desirable to do so because of the\nconfidential nature of any evidence or matter, or for any other reason,\nthe commission may—\n(a) direct that a hearing or part of a hearing must take place in\nprivate and give directions as to the people who may be present;\nand\n(b) give directions prohibiting or restricting the publication of\nevidence given at a hearing (whether in public or private) or of\nmatters contained in documents lodged with, or received in\nevidence by, the commission; and\n(c) give directions prohibiting or restricting the disclosure to some\nor all of the people present at a hearing of evidence given before,\nor the contents of a document lodged with or received in\nevidence by, the commission.\n\nProceedings—council and commissions Part 5\nHearings—commission Division 5.4\nSection 38\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In considering whether to give a direction under subsection (3), a\ncommission must take as the basis of its consideration the principle\nthat it is desirable that hearings be in public and that evidence given\nbefore, or the contents of documents lodged with or received in\nevidence by, the commission should be made available to the public\nand to all people present at the hearing, but must pay due regard to\nany reasons given to the commission why the hearing should be held\nin private or why publication or disclosure of the evidence or the\nmatter contained in the document should be prohibited or restricted.\n38 Person presiding\nThe presiding member must preside at a hearing.\n39 Conduct of hearing\nExcept as otherwise provided by this Act, the procedure at a hearing\nmay be decided by the commission.\n40 Appearance and representation\n(1) At a hearing—\n(a) the judicial officer the subject of the complaint is entitled to\nappear and to be represented by a lawyer; and\n(b) a person summoned to attend or appearing before the\ncommission as a witness may be represented by a lawyer; and\n(c) any other person may, with the consent of the commission,\nappear and may be represented by a lawyer.\n(2) In subsection (1) (b):\nperson includes an unincorporated association.\n\nPart 5 Proceedings—council and commissions\nDivision 5.4 Hearings—commission\nSection 41\npage 36 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Presence of people at private hearing\nIf a hearing is being held in private, a person must not be present at\nthe hearing unless the person is—\n(a) a member; or\n(b) a member of the staff of the commission directed to be present;\nor\n(c) a lawyer assisting the commission; or\n(d) the judicial officer the subject of the complaint; or\n(e) the lawyer representing that judicial officer; or\n(f) entitled under a direction under section 37 (3) (a) to be present.\n42 Examination of witnesses\nAt a hearing—\n(a) a lawyer assisting the commission; or\n(b) the judicial officer the subject of the complaint or the lawyer\nrepresenting him or her; or\n(c) any other person present who is permitted by the presiding\nmember to do so;\nmay, so far as the commission considers appropriate, examine or\ncross-examine a witness on any matter that the commission considers\nrelevant to its inquiry.\n\nProceedings—council and commissions Part 5\nHearings—commission Division 5.4\nSection 43\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Powers in relation to witnesses etc\n(1) The presiding member of a commission, or a person authorised in\nwriting by the presiding member, may, by written notice given to a\nperson (a subpoena), require the person to appear before the\ncommission at a hearing, at a stated time and place, to do either or\nboth of the following:\n(a) to give evidence;\n(b) to produce a stated document or other thing relevant to the\nhearing.\n(2) A person is taken to have complied with a subpoena under subsection\n(1) (b) if the person gives the document or other thing to the\ncommission before the date stated in the subpoena for its production.\n(3) The presiding member of a commission may require a witness\nappearing at a hearing before the commission to give evidence to do\n1 or more of the following:\n(a) to take an oath;\n(b) to answer a question relevant to the hearing;\n(c) to produce a stated document or other thing relevant to the\nhearing.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n43A Appearance by audiovisual or audio links\n(1) This section applies if, in relation to a hearing or a part of a hearing\n(the relevant hearing), the commission has given a direction under\nthe Evidence (Miscellaneous Provisions) Act 1991, section 20 (1)\n(Territory courts may take evidence and submissions from\nparticipating States) or section 32 (1) (Territory courts may take\nevidence and submissions from another place).\n\nPart 5 Proceedings—council and commissions\nDivision 5.4 Hearings—commission\nSection 44\npage 38 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Where this section applies a person who, in a relevant hearing—\n(a) is required or entitled to appear personally, whether as a party or\nas a witness; or\n(b) is entitled to appear for another person;\nmay appear in that hearing and participate or give evidence, as the\ncase requires, in accordance with the direction.\n(3) A person who appears in a relevant hearing in accordance with this\nsection is taken to be before the commission.\n44 Apprehension of witnesses failing to appear\n(1) If a person served with a subpoena to appear before a commission as\na witness fails to appear or attend under the subpoena, the presiding\nmember may, on proof of the service of the subpoena, issue a warrant\nfor the apprehension of the person.\n(2) A warrant authorises—\n(a) the apprehension of the witness; and\n(b) the bringing of the witness before the commission; and\n(c) the detention of the witness in custody for that purpose until the\nwitness is released by order of the presiding member.\n(3) A warrant may be executed by—\n(a) a police officer; or\n(b) a member of the police force of a State or another Territory; or\n(c) the person to whom it is addressed.\n\nProceedings—council and commissions Part 5\nHearings—commission Division 5.4\nSection 44\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The person executing a warrant may, with such assistance, and by\nsuch force, as is necessary and reasonable, enter any premises for the\npurpose of executing the warrant.\n(5) The apprehension of a witness under this section does not relieve the\nwitness from any liability incurred because of noncompliance by the\nwitness with the subpoena.\n\nPart 6 Miscellaneous\nSection 55\npage 40 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n55 Application of Criminal Code, ch 7\nA proceeding before the council or a commission is a legal\nproceeding for the Criminal Code, chapter 7 (Administration of\njustice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to council or\ncommission proceedings.\n56 Contempt\nA person commits an offence if the person does something in the face,\nor within the hearing, of the council or a commission that would be\ncontempt of court if the council or the commission were a court of\nrecord.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n57 Vexatious complaints\n(1) A commission may discontinue the examination of a complaint if the\ncommission considers that the complaint has been made vexatiously,\nfrivolously or without reasonable grounds.\n(2) If a commission discontinues an examination under subsection (1),\nsection 22 applies as if the commission had completed the\nexamination.\n\nMiscellaneous Part 6\nSection 58\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n58 Protection of Attorney-General and other officers\nA person who is or has been—\n(a) the Attorney-General; or\n(b) a public servant; or\n(c) a person acting under the direction of a member of the council\nor a commission;\nis not liable, personally, to an action or other proceeding for or in\nrelation to an act done or omitted to be done honestly in the exercise\nor purported exercise of any function—given to the person in that\ncapacity for this Act.\n59 Reimbursement of costs and expenses\n(1) A witness appearing before the council or a commission is entitled to\nbe paid by the Territory in relation to the expenses of the attendance\nof the witness an amount authorised in accordance with the Supreme\nCourt scale of costs.\n(2) If a commission—\n(a) does not conclude that the behaviour or physical or mental\ncapacity of a judicial officer could amount to proved\nmisbehaviour or incapacity such as to warrant removal from\noffice; or\n(b) discontinues the examination of a complaint under\nsection 57 (1);\nthe judicial officer concerned is entitled to be paid by the Territory\nthe reasonable costs and expenses incurred by the judicial officer in\nconnection with his or her appearance and representation before the\ncommission.\n\nPart 6 Miscellaneous\nSection 60\npage 42 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A judicial officer is entitled to be paid by the Territory the reasonable\ncosts and expenses incurred by the judicial officer in connection with\nan appearance and representation before the council if the council—\n(a) dismisses the complaint under section 35B (Early dismissal of\ncomplaint); or\n(b) refers the complaint under section 35C (Refer complaint to head\nof jurisdiction); or\n(c) dismisses the complaint under section 35I (Dismissal of\ncomplaint by council).\n60 No proceeding to be brought\nA proceeding for an injunction, declaration or prerogative order must\nnot be brought in relation to—\n(a) a decision of the Executive under section 5 (1), section 17 (3) or\nsection 18; or\n(b) a decision of a member of the Legislative Assembly to propose\na motion in accordance with section 14 (4) (a) or to give notice\nof the motion to the Attorney-General in accordance with\nsection 14 (4) (b); or\n(c) a decision of the Attorney-General under section 15 or\nsection 23 (3); or\n(d) a resolution for the examination of a complaint in relation to a\njudicial officer by a judicial commission passed by the\nLegislative Assembly; or\n(e) a decision or any proceedings of the council or a commission.\n\nMiscellaneous Part 6\nSection 61\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61 Reports of proceedings—protection\n(1) The proceedings of a hearing before the council or a commission are\ntaken to be proceedings of public concern for the Civil Law (Wrongs)\nAct 2002, section 139 (Defences of fair report of proceedings of\npublic concern).\n(2) Subsection (1) does not apply in relation to the publication of a report\nof proceedings, or a part of proceedings, if a direction given under\nsection 37 (3) restricts publication of the proceedings or part of them\nand the publication of the report contravenes the direction.\n61A Report of council activities\n(1) The council must prepare a report each year about the work and\nactivities of the council in the previous year and give the report to the\nAttorney-General.\n(2) The report must include the following for the year:\n(a) the number of complaints received by, or referred to the council;\n(b) the number of complaints dismissed under section 35B (Early\ndismissal of complaint);\n(c) the number of complaints referred under section 35C (Refer\ncomplaint to head of jurisdiction);\n(d) the number of complaints dismissed under\nsection 35I (Dismissal of complaint by council);\n(e) the number of complaints substantiated under\nsection 35J (Substantiation of complaint by council);\n(f) a description, which may include statistics, of any patterns in the\nnature and scope of complaints made or dealt with by the\ncouncil.\n(3) The report may include recommendations for changes to legislation,\nthe council’s functions or related administrative matters arising from\nthe exercise of the council’s functions.\n\nPart 6 Miscellaneous\nSection 61B\npage 44 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The report must not identify any person against whom a complaint\nhas been made under this Act, unless the person has been the subject\nof a public hearing or has been convicted of an offence connected\nwith the complaint.\n(5) The Attorney-General must as soon as practicable after receiving the\nreport, table the report in the Legislative Assembly.\n61B Information about complaint to be provided to\nAttorney-General\n(1) The council must, at the request of the Attorney-General, provide the\nAttorney-General with the following information in relation to a\nparticular judicial officer:\n(a) whether a complaint has been made, when a complaint was\nmade or when the matter about which a complaint was made is\nalleged to have happened;\n(b) the subject matter of the complaint;\n(c) the stage of the procedure for dealing with a complaint that the\ncomplaint has reached;\n(d) for a complaint that has been disposed of, the way in which the\ncomplaint was disposed of;\n(e) other information the council considers relevant.\n(2) However, unless a complaint has been referred to a judicial\ncommission, the council is not required to provide information about\nthe complaint against a particular judicial officer if the council\nconsiders it is not in the public interest to provide the information.\n\nMiscellaneous Part 6\nSection 62\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n62 Approved forms\n(1) The Attorney-General may approve forms for this Act.\n(2) If the Attorney-General approves a form for a particular purpose, the\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n63 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 46 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• chief police officer\n• director-general (see s 163)\n• Executive\n• exercise\n• fail\n• function\n• head of service\n• public servant\n• sitting day\n• under.\napproved protocol means a protocol approved under section 16A\n(Protocol—complaints in relation to ACAT).\nauthorised person means—\n(a) for an inquiry or proceeding of the council—a person declared\nin writing by the head of council to be an authorised person for\nthis Act; and\n(b) for an inquiry or proceeding of a commission—a person\ndeclared in writing by the presiding member of the commission\nto be an authorised person for this Act.\ncommission means—\n(a) a judicial commission appointed under section 17 (3) or\nsection 18; and\n(b) for a complaint—the commission appointed to examine the\ncomplaint.\n\nDictionary\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncomplaint means—\n(a) a complaint made under section 14; or\n(b) an allegation in relation to which notice has been given to the\ncouncil under section 14.\ncouncil means the judicial council established under section 5A.\nhead of council—the head of council is the Chief Justice (see\nsection 5B (2)).\nhead of jurisdiction means—\n(a) for a judge of the Supreme Court—the Chief Justice; or\n(b) for a magistrate—the Chief Magistrate; or\n(c) for a member of the ACAT—the president of the ACAT.\njudge—\n(a) means—\n(i) a judge of the Federal Court or Family Court; or\n(ii) a judge of the Supreme Court of a State or the Northern\nTerritory; and\n(b) includes a person who is an additional judge appointed under the\nSupreme Court Act 1933, section 4A.\njudicial officer means—\n(a) a judge of the Supreme Court, other than a person who is an\nadditional judge appointed under the Supreme Court Act 1933,\nsection 4A; or\n(b) a magistrate (including coroner); or\n(c) a presidential member of the ACAT.\n\nDictionary\npage 48 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmagistrate does not include a registrar.\nmember means—\n(a) of a council—a member of the council and includes the head of\ncouncil; and\n(b) of a commission—a member of the commission, and includes\nthe presiding member.\npremises includes—\n(a) a building or other structure; and\n(b) an aircraft, vehicle or vessel; and\n(c) a place, whether or not enclosed or built on.\npresident, of the ACAT—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\npresidential member, of the ACAT—see the ACT Civil and\nAdministrative Tribunal Act 2008, dictionary.\npresiding member means the presiding member of a commission\nappointed under section 6 or section 7 (3).\n\nEndnotes\nAbout the endnotes 1\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 50 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nJudicial Commissions Act 1994 A1994-9\nnotified 14 March 1994 (Gaz 1994 No S44)\ncommenced 14 March 1994 (s 2)\nas amended by\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 49\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 49 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nCustodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 7\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 1, s 2 commenced 23 December 1998 (s 2 (1))\npt 7 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 8\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 8 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\n\nEndnotes\nLegislation history 3\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 199\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 199 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.46\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.46 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.30\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.30 commenced 2 June 2005 (s 2 (1))\nCriminal Code (Administration of Justice Offences) Amendment Act\n2005 A2005-53 sch 1 pt 1.15\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.15 commenced 23 November 2005 (s 2)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.23\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.23 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\n\nEndnotes\n3 Legislation history\npage 52 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.19\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.19 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.14\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.14 commenced 16 November 2006 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.11\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.11 commenced 6 September 2007 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.32\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.32 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.9\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.9 commenced 2 November 2010 (s 2 (2))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.26\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.26 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.86\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.86 commenced 1 July 2011 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJudicial Commissions Amendment Act 2015 A2015-1\n(as am by A2015-52 pt 10)\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\nremainder commenced 1 February 2017 (s 2 (as am by A2015-52\ns 28))\nCourts Legislation Amendment Act 2015 A2015-10 pt 9\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 9 commenced 21 April 2015 (s 2 (2))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 10 (s 28) commenced 10 December 2015 (s 2 (2))\nNote Pt 10 (s 28) only amends the Judicial Commissions\nAmendment Act 2015 A2015-1\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nA2016-28 sch 1 pt 1.4\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\namdt 1.7, amdt 1.8 commenced 1 February 2017 (s 2 (3) and see\nA2015-1 s 2 (2) (as am by A2015-52 s 28))\nsch 1 pt 1.4 remainder commenced 16 June 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.40\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.40 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 10\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 10 commenced 24 May 2017 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 54 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 10\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 10 commenced 26 April 2018 (s 2)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 7\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 7 commenced 21 June 2019 (s 2)\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 6\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 6 commenced 16 June 2021 (s 2 (3))\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.8\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.8 commenced 30 September 2023 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.102\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.102 commenced 26 December 2025 (s 2 (7))\n\nEndnotes\nAmendment history 4\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2006-42 amdt 3.84\nDictionary\ns 2 om A2001-44 amdt 1.2275\nins A2006-42 amdt 3.85\nNotes\ns 3 orig s 3\nom A2006-42 amdt 3.85\ndef legal practitioner am A1997-96 sch 1\nom A2006-42 amdt 3.85\ndef magistrate sub A2005-20 amdt 3.180\nom A2006-42 amdt 3.85\npres s 3\n(prev s 3A) ins A2005-53 amdt 1.78\nrenum as s 3 A2006-42 amdt 3.86\nOffences against Act—application of Criminal Code etc\ns 3A orig s 3A\nrenum as s 3\npres s 3A\n(prev s 3B) ins A2005-53 amdt 1.78\nrenum as s 3A A2006-42 amdt 3.86\nOffences against Act—application of Criminal Code etc\ns 3B renum as s 3A\nRemoval of judicial officer\ns 5 am A2006-42 amdt 3.87, amdt 3.88, amdts 3.116-3.118;\nA2011-3 amdt 3.263, amdt 3.264\nJudicial council\npt 2A hdg ins A2015-1 s 4\nEstablishment of council\ns 5A ins A2015-1 s 4\nCouncil—members\ns 5B ins A2015-1 s 4\nAppointment of members\ns 5C ins A2015-1 s 4\nStanding acting arrangement—members\ns 5D ins A2015-1 s 4\nDelegation by Chief Justice and Chief Magistrate\ns 5E ins A2015-1 s 4\n\nEndnotes\n4 Amendment history\npage 56 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCouncil—functions\ns 5F ins A2015-1 s 4\nMember not to exercise function in certain circumstances\ns 5G ins A2015-1 s 4\nCouncil—staff\ns 5H ins A2015-1 s 4\nCouncil—delegation\ns 5I ins A2015-1 s 4\nsub A2018-9 s 51\nConstitution of judicial commission\ns 6 sub A2006-42 amdt 3.89\nMembers\ns 7 am A2006-42 amdt 3.90\nRemuneration and allowances\ns 9 om A1997-41 sch 1\nCessation\ns 10 am A2006-42 amdt 3.91\nResignation\ns 11 om A2006-42 amdt 3.92\nArrangements for staff\ns 13 am A1994-38 sch 1 pt 49; A2011-22 amdt 1.263\nsub A2016-52 amdt 1.108\nMaking of complaint\ns 14 am A2015-1 ss 5-7; ss renum R19 LA; A2025-29 amdt 4.102\nReferral of complaint to council\ns 15 sub A2015-1 s 8\nCouncil to examine complaint etc\ns 16 sub A2015-1 s 8\nProtocol—complaints in relation to ACAT\ns 16A ins A2015-1 s 8\nam A2016-28 amdt 1.7, amdt 1.8; A2025-29 amdt 4.102\nCouncil recommendation—appointment of commission\ns 17 sub A2015-1 s 8\nJudicial officer excused\ns 19 am A2006-42 amdts 3.93-3.95; A2011-3 amdt 3.265\nFunctions of officers who have been excused\ns 20 am A2006-42 amdts 3.96-3.98\n\nEndnotes\nAmendment history 4\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nReports of commission\ns 22 am A2006-42 amdt 3.116\nTabling reports\ns 23 am A1998-54 sch; A2006-42 amdt 3.99, amdt 3.100,\namdt 3.116\nStatement by judicial officer\ns 24 am A2006-42 amdt 3.101, amdt 3.102, amdt 3.118\nProceedings—council and commissions\npt 5 hdg sub A2015-1 s 9\nProceedings of commissions\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA\nDetermination of question—council\ns 24A ins A2015-1 s 10\nDetermination of question—commission\ns 25 hdg sub A2015-1 s 11\nCounsel assisting\ns 26 am A1997-96 sch 1; A2006-42 amdt 3.117\nsub A2015-1 s 12\nProtection of members etc\ns 27 am A2005-53 amdt 1.79; A2006-42 amdt 3.103, amdt 3.117;\nA2015-1 s 13, s 14\nOffence—disclosure of information by members etc\ns 28 hdg sub A2015-1 s 15\ns 28 am A1997-96 sch 1; A1998-54 sch; A2006-42 amdt 3.104,\namdt 3.105, amdt 3.117; A2015-1 s 16, A2021-13 s 31\nDisclosure of information to Attorney-General etc\ns 29 am A2006-42 amdt 3.106\nsub A2015-1 s 17\nOutstanding matters—commission\ns 30 hdg sub A2015-1 s 18\ns 30 am A2006-42 amdt 3.107\nEvidence\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA\nProcedure\ns 31 am A2015-1 s 19, s 20\nPrivileges against self-incrimination and exposure to civil penalty\ns 32 sub A2005-53 amdt 1.80\nam A2015-1 s 21\n\nEndnotes\n4 Amendment history\npage 58 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPowers\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R2 LA\ndiv 5.3 hdg note ins A2006-42 amdt 3.108\nSearch warrants\ns 33 am A2015-1 s 22, s 23\nInspection and retention of documents\ns 34 am A2015-1 ss 24-26; ss renum R19 LA\nMedical examination of judicial officer\ns 35 am A2006-42 amdt 3.109\nsub A2015-1 s 27\nam A2018-9 s 52, s 53; ss renum R21 LA\nExaminations and hearings—council\ndiv 5.3A hdg ins A2015-1 s 28\nPreliminary examination\ns 35A ins A2015-1 s 28\nEarly dismissal of complaint\ns 35B ins A2015-1 s 28\nRefer complaint to head of jurisdiction\ns 35C ins A2015-1 s 28\nExamination of complaint by council\ns 35D ins A2015-1 s 28\nam A2018-9 s 54\nHearing of complaint by council\ns 35E ins A2015-1 s 28\nAppearance and representation\ns 35F ins A2015-1 s 28\nExamination of witnesses\ns 35G ins A2015-1 s 28\nPowers in relation to witnesses etc\ns 35H ins A2015-1 s 28\nDismissal of complaint by council\ns 35I ins A2015-1 s 28\nam A2018-9 s 55\nSubstantiation of complaint by council\ns 35J ins A2015-1 s 28\nam A2018-9 s 56\nNotifying Attorney-General about complaint\ns 35JA ins A2018-9 s 57\n\nEndnotes\nAmendment history 4\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExtension or partial dismissal of complaint\ns 35K ins A2015-1 s 28\nAdditional powers\ns 36 om A2006-42 amdt 3.110\nHearings—commission\ndiv 5.4 hdg (prev pt 5 div 4 hdg) renum R2 LA\nsub A2015-1 s 29\nPower to hold\ns 37 am A2006-42 amdt 3.118\nConduct of hearing\ns 39 sub A2006-42 amdt 3.111\nAppearance and representation\ns 40 am A2006-42 amdt 3.117\nPresence of people at private hearing\ns 41 hdg am A2006-42 amdt 3.118\ns 41 am A1997-96 sch 1; A2006-42 amdt 3.117\nExamination of witnesses\ns 42 am A1997-96 sch 1; A2006-42 amdt 3.117\nPowers in relation to witnesses etc\ns 43 am A2001-44 amdt 1.2276\nsub A2005-53 amdt 1.81\nAppearance by audiovisual or audio links\ns 43A ins A1999-22 s 16\nam A2000-17 s 3 sch 1; A2010-40 amdt 2.15; A2018-9 s 58\nApprehension of witnesses failing to appear\ns 44 am A1998-67 s 24; A2005-53 amdt 1.82; A2006-23\namdt 1.206\nObstruction of authorised persons\ns 45 am A1998-54 sch\nom A2004-15 amdt 2.101\nFailure of witnesses to attend or produce documents\ns 46 am A1998-54 sch\nom A2005-53 amdt 1.83\nRefusal to be sworn or give evidence\ns 47 am A1998-54 sch\nom A2005-53 amdt 1.83\nFalse evidence\ns 48 am A1998-54 sch\nom A2005-53 amdt 1.83\n\nEndnotes\n4 Amendment history\npage 60 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nImproper dealings with documents\ns 49 am A1998-54 sch\nom A2005-53 amdt 1.83\nIntimidation or dismissal of witnesses\ns 50 am A1998-54 sch\nom A2005-53 amdt 1.83\nPreventing witnesses from attending\ns 51 am A1998-54 sch\nom A2005-53 amdt 1.83\nBribery of witnesses\ns 52 am A1998-54 sch\nom A2005-53 amdt 1.83\nFraud on witnesses\ns 53 am A1998-54 sch\nom A2005-53 amdt 1.83\nContempt of commission\ns 54 am A1998-54 sch\nom A2005-53 amdt 1.83\nMiscellaneous\npt 6 hdg orig pt 6 hdg om A2005-53 amdt 1.83\n(prev pt 7 hdg) renum A2005-53 amdt 1.86\nApplication of Criminal Code, ch 7\ns 55 am A1997-96 sch 1; A1998-54 sch\nom A2005-53 amdt 1.83\nins A2005-53 amdt 1.84\nam A2015-1 s 30, s 31\nContempt\ns 56 am A1998-54 sch\nom A2005-53 amdt 1.83\nins A2005-53 amdt 1.84\nsub A2015-1 s 32\nProtection of Attorney-General and other officers\ns 58 am A2006-42 amdt 3.112; A2015-1 s 33\nReimbursement of costs and expenses\ns 59 am A2015-1 s 34, s 35\nNo proceeding to be brought\ns 60 am A2006-40 amdt 2.114; A2015-1 ss 36-38\nReports of proceedings—protection\ns 61 sub A2007-22 amdt 1.34\nam A2015-1 s 39\n\nEndnotes\nAmendment history 4\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nReport of council activities\ns 61A ins A2005-53 amdt 1.85\nexp 23 November 2006 (s 61A (2))\nins A2015-1 s 40\nInformation about complaint to be provided to Attorney-General\ns 61B ins A2018-9 s 59\nApproved forms\ns 62 sub A2001-44 amdt 1.2277\nam A2006-42 amdt 3.113, amdt 3.114; A2025-29 amdt 4.102\nRegulation-making power\ns 63 ins A2001-44 amdt 1.2277\nam A2025-29 amdt 4.102\nMiscellaneous\npt 7 hdg renum as pt 6 hdg\nDictionary\ndict ins A2006-42 amdt 3.115\nam A2008-36 amdt 1.365; A2011-22 amdt 1.264; A2016-52\namdt 1.109\ndef approved protocol ins A2015-1 s 41\ndef authorised person ins A2006-42 amdt 3.115\nsub A2015-1 s 42\ndef commission ins A2006-42 amdt 3.115\nam A2015-1 s 43\ndef complaint ins A2006-42 amdt 3.115\nam A2015-1 s 44\nsub A2017-14 s 26\ndef council ins A2015-1 s 45\ndef general president ins A2008-36 amdt 1.366\nom A2016-28 amdt 1.9\ndef head of council ins A2015-1 s 45\ndef head of jurisdiction ins A2006-42 amdt 3.115\nam A2008-36 amdt 1.367; A2015-10 s 30; A2016-28\namdt 1.10; A2023-37 amdt 1.13\ndef judge ins A2006-42 amdt 3.115\ndef judicial officer ins A2006-42 amdt 3.115\nam A2008-36 amdt 1.368; A2015-10 s 30; A2019-17 s 20;\nA2023-37 amdt 1.14; pars renum R24 LA\ndef magistrate ins A2006-42 amdt 3.115\ndef member ins A2006-42 amdt 3.115\nsub A2015-1 s 46\ndef premises ins A2006-42 amdt 3.115\ndef president ins A2016-28 amdt 1.11\ndef presidential member ins A2008-36 amdt 1.369\ndef presiding member ins A2006-42 amdt 3.115\n\nEndnotes\n5 Earlier republications\npage 62 Judicial Commissions Act 1994\nEffective: 26/12/25\nR25\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1998-67 28 February 1999\n2 A2001-44 13 February 2002\n2 (RI) A2001-44 † 11 February 2003\n3 A2004-15 9 April 2004\n4 A2005-20 2 June 2005\n5 A2005-53 23 November 2005\n6 A2006-23 2 June 2006\n7 A2006-40 29 September 2006\n8 A2006-42 16 November 2006\n9 A2006-42 24 November 2006\n10* A2007-22 6 September 2007\n11 A2008-36 2 February 2009\n12 A2010-40 2 November 2010\n13 A2011-3 1 March 2011\n14 A2011-22 1 July 2011\n15 A2015-10 21 April 2015\n16 A2015-10 10 December 2015\n17 A2016-28 16 June 2016\n18 A2016-52 1 September 2016\n19 A2016-52 1 February 2017\n20 A2017-14 24 May 2017\n21 A2018-9 26 April 2018\n\nEndnotes\nEarlier republications 5\nR25\n26/12/25\nJudicial Commissions Act 1994\nEffective: 26/12/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n22 A2019-17 21 June 2019\n23 A2021-13 16 June 2021\n24 A2023-37 30 Sept 2023\n† reissued for retrospective amendment made by A2002-49\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act’s scope has expanded from a commission-focused removal mechanism to a more elaborate administrative framework: it establishes a Judicial Council to screen complaints and make recommendations (ss 5A, 5F, 35A–35J), adds protocols for ACAT presidential members (s16A), broadens investigatory powers (eg s33), and imposes annual reporting and information-sharing obligations (ss 61A, 61B), shifting who first handles complaints and increasing administrative duties."},"complexity_factors":["Multi-stage review process with screening (council) and full inquiry (commission) layers (ss 35A–35J, 17)","Significant executive and parliamentary roles in appointing commissions and effecting removal (ss 17, 18, 5)","Broad discretionary grounds and 'reasonable grounds' thresholds that require judgement calls (eg ss 35B, 35J, 22(3))","Coercive investigatory powers (search warrants s33; subpoenas s35H, s43; apprehension s44)","Confidentiality, publication controls and separate reporting to protect investigations or third parties (ss 22(3)–(5), 37(3))","Immunity and protection provisions for members, lawyers and officials alongside criminal sanctions for improper disclosure (ss 27, 28, 55)","Interplay with tribunal-specific protocol for ACAT presidential members that alters procedure (s16A)","Administrative reporting and information‑sharing duties to the Attorney‑General and Assembly (ss 23, 61A, 61B)","Financial entitlements and cost-recovery rules that allocate expenses to the Territory in certain outcomes (ss 59–60)"],"plain_english_summary":"Sets up a two‑stage system for complaints about ACT judicial officers: a Judicial Council (s5A, s5F) conducts preliminary private examinations and can dismiss, refer to a head of jurisdiction (s35B, s35C) or recommend a judicial commission (s17) that holds hearings and reports to the Attorney‑General (s22, s23). While under commission inquiry a judicial officer is excused from duties (s19).\n\nThe Territory pays witnesses and, in specified cases, officers’ representation costs (s59–60). The Executive appoints commissions and, following an Assembly resolution based on a commission report, must remove an officer where required (s5, s17, s18)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1994 Act focused primarily on the process for removing judicial officers via Judicial Commissions. Significant expansion occurred with the 2015 amendments (commenced 2017) which inserted Part 2A establishing the Judicial Council as a mandatory pre-commission filter. This added an entire preliminary examination layer, early dismissal powers, and detailed council procedures (Div 5.3A). The 2018 amendments further expanded reporting obligations to the Attorney-General (s 61B). The Act has evolved from a removal mechanism to a comprehensive complaints management system with screening, referral and transparency functions."},"complexity_factors":["Two-tier structure with overlapping but distinct powers: Judicial Council (screening/filtering) vs Judicial Commissions (formal investigation)","Multiple procedural pathways: preliminary examination, early dismissal, referral to head of jurisdiction, full examination, hearing, commission appointment","Extensive cross-referencing to the Legislation Act 2001 for definitions, appointment procedures, delegations and document service","Conditional logic with nested exceptions: e.g., s 5(3) sets out 4 cumulative conditions for 'formal process' completion, with sub-conditions (i) and (ii)","Specific carve-outs and special protocols for presidential members of ACAT (s 16A) creating parallel complaint handling","Complex privilege and immunity provisions (ss 27, 28, 32) modifying common law protections","Detailed rules on report confidentiality and separate reports (s 22(3)) with Attorney-General discretion","21 defined terms in the Dictionary, several incorporating definitions from other Acts (e.g., 'presidential member' refers to ACAT Act)","Interaction with Criminal Code chapter 7 (administration of justice offences) and Integrity Commission Act 2018 (s 28)"],"plain_english_summary":"This Act creates a two-tier system for handling complaints about ACT judicial officers: a Judicial Council to receive, screen and dismiss or refer matters, and Judicial Commissions to carry out formal inquiries into serious misconduct or incapacity. It affects judges, magistrates, tribunal members, complainants and the Legislative Assembly (which can order removal). The scheme aims to balance judicial accountability with protections against vexatious or politically driven removals."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/judicial-commissions-act-1994","history":"/api/acts/judicial-commissions-act-1994/history","analysis":"/api/acts/judicial-commissions-act-1994/analysis","conflicts":"/api/acts/judicial-commissions-act-1994/conflicts","importantCases":"/api/acts/judicial-commissions-act-1994/important-cases","documents":"/api/acts/judicial-commissions-act-1994/documents"}}