18Judicial Commission must adjourn investigation of certain complaints or referrals

18 Judicial Commission must adjourn investigation of certain complaints or referrals

(1) Subject to subsection (2), the Judicial Commission must adjourn the investigation of a complaint or referral or part of the complaint or referral if the Judicial Commission is satisfied that it relates to a court or VCAT proceeding—

(a) that is being heard by the officer concerned; or

(b) in which a judgment or decision of the officer concerned has not been handed down.

(2) The Judicial Commission may investigate a complaint or referral referred to in subsection (1) if—

(a) the matter that relates to the proceeding relates solely to a delay by the officer concerned in handing down a decision in the proceeding; or

(b) having regard to the seriousness of the matter and the urgency with which it must be dealt with, the principal head of jurisdiction agrees it is appropriate that the Judicial Commission deal with the matter.

(3) Subsection (1) does not prevent the Judicial Commission—

(a) dismissing the complaint or referral under section 13(2); or

S. 18(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 18.2).

(b) notifying the IBAC or Integrity Oversight Victoria under Division 3 of the subject matter of the complaint or referral.

(4) The IBAC may at any time require by notice to the Judicial Commission the adjournment of an investigation of a complaint or referral by the Judicial Commission if the IBAC considers that adjournment of the investigation by the Judicial Commission is necessary having regard to the objects of the Independent Broad-based Anti‑corruption Commission Act 2011 and the functions of the IBAC.

(5) The Judicial Commission may resume an investigation that has been adjourned under subsection (4) if—

(a) the IBAC determines that the adjournment of the investigation by the Judicial Commission is no longer necessary; or

(b) the IBAC dismisses, completes or discontinues its investigation; or

(c) the IBAC and the Judicial Commission agree that the Judicial Commission may investigate some or all aspects of the matter.

(6) The IBAC must notify the Judicial Commission as soon as practicable if the IBAC has made a determination specified in subsection (5)(a) or dismissed, completed or discontinued an investigation that the Judicial Commission was required to adjourn under subsection (4).