12Officer concerned not required to disqualify themselves from proceeding

12 Officer concerned not required to disqualify themselves from proceeding

For the avoidance of doubt, the fact that a complaint or referral has been made or is made against a judicial officer or a non-judicial member of VCAT who is conducting a proceeding does not, of itself, require the officer concerned to disqualify themselves from the proceeding.

Part 3—Investigations by the Judicial Commission

Division 1—Procedure in investigating complaints and referrals by Judicial Commission

13 Outcome of consideration of matter by Judicial Commission

(1) After considering a complaint or referral, the Judicial Commission must take action as set out in this section.

(2) The Judicial Commission—

(a) must dismiss the matter in whole or in part if section 16(1) applies; or

(b) must dismiss the matter in whole or in part if section 16(2) or (3) applies; or

(c) may dismiss the matter in whole or in part if section 16(4) applies.

(3) If the Judicial Commission has not dismissed the matter under subsection (2), the Judicial Commission must refer the complaint or referral to an investigating panel if—

(a) the Judicial Commission is of the opinion that the complaint or referral could, if substantiated, amount to proved misbehaviour or incapacity such as to warrant the removal of the officer; and

(b) the Judicial Commission has given the officer concerned an opportunity to respond to the complaint or referral.

(4) If the Judicial Commission has not dismissed the matter under subsection (2) or referred the matter to an investigating panel under subsection (3), the Judicial Commission must—

(a) give the officer concerned an opportunity to respond to the matter; and

(b) refer the matter to the nominated head of jurisdiction or nominated person for the officer concerned in accordance with section 19.