sec.58Independence of holders of judicial office

### sec.58 Independence of holders of judicial office The commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers. To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office. However, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer— other than in the judicial officer’s capacity as a judicial officer; and as a member or representative of a decision-making body in a unit of public administration. a governing body, a board of management To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairperson and the Chief Justice from time to time. A commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson. The functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation. However, the chairperson may delegate the chairperson’s functions and powers under this section, including the functions and powers mentioned in subsection (6) , for a commission investigation mentioned in subsection (3) to a senior officer. In this section— judicial officer means— a judge of, or other person holding judicial office in, a State court; or a member of a tribunal that is a court of record. s 58 amd 2014 No. 21 s 22 ; 2016 No. 19 s 45 (1) – (2) (sec.58-ssec.1) The commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers. (sec.58-ssec.2) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office. (sec.58-ssec.3) However, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer— other than in the judicial officer’s capacity as a judicial officer; and as a member or representative of a decision-making body in a unit of public administration. a governing body, a board of management (sec.58-ssec.4) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairperson and the Chief Justice from time to time. (sec.58-ssec.5) A commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson. (sec.58-ssec.6) The functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation. (sec.58-ssec.7) However, the chairperson may delegate the chairperson’s functions and powers under this section, including the functions and powers mentioned in subsection (6) , for a commission investigation mentioned in subsection (3) to a senior officer. (sec.58-ssec.8) In this section— judicial officer means— a judge of, or other person holding judicial office in, a State court; or a member of a tribunal that is a court of record. - (a) other than in the judicial officer’s capacity as a judicial officer; and - (b) as a member or representative of a decision-making body in a unit of public administration. Examples of decision-making bodies— a governing body, a board of management - (a) a judge of, or other person holding judicial office in, a State court; or - (b) a member of a tribunal that is a court of record.