110Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate

110 Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate

(1) In dealing with a complaint or referral in which the officer concerned is the Chief Justice, the Chief Judge or the Chief Magistrate, the Judicial Commission or an investigating panel (as the case may be) dealing with the complaint or referral may nominate a person to act as the nominated person for the officer concerned.

(2) The person who may be nominated under subsection (1) is any one of the following persons—

(a) a person who is, or has been, the head of jurisdiction of a Victorian court;

(b) a person who has been a Justice of the High Court;

(c) a person who is, or has been, the head of jurisdiction of an Australian court (other than a Victorian court or the High Court).

(3) In making a determination under subsection (1), the Judicial Commission or the investigating panel (as appropriate) making the nomination—

(a) in the case of a person under subsection (2)(a) or (c), must ensure that the person nominated occupies or occupied an office of the same level or higher than the officer concerned; and

(b) must not nominate a person who does not consent to the nomination.

Division 5—Statement of reasons