96Offence to open sealed envelope or have access to document or thing

96 Offence to open sealed envelope or have access to document or thing

(1) Subject to section 95(2), a person must not open a sealed envelope or otherwise have access to the document or thing contained in the sealed envelope before—

(a) the Supreme Court determines the claim of privilege to it; or

(b) the document or thing is returned to the claimant.

(2) Subject to section 95(2), a person must not open or otherwise have access to a document or thing secured otherwise than in an envelope before—

(a) the Supreme Court determines the claim of privilege to it; or

(b) the document or thing is returned to the claimant.

Part 6—Further provisions for investigations

Division 1—Standing down

97 Standing down of certain judicial officers or non‑judicial members of VCAT by principal head of jurisdiction

(1) The principal head of jurisdiction of a judicial officer (other than a judicial officer specified in subsection (7)) or non-judicial member of VCAT may make a determination to stand down the officer or member from office at any time.

(2) A determination by a principal head of jurisdiction under subsection (1) must not be made unless the principal head of jurisdiction believes that—

(a) the continued performance of functions by the judicial officer or non-judicial member of VCAT is likely to impair public confidence in the impartiality, independence, integrity or capacity of the officer or member or the court or tribunal to which the officer or member is appointed or assigned; and

(b) immediate action is required.

(3) A determination under subsection (1) takes effect immediately.

(4) The principal head of jurisdiction who makes a determination under subsection (1) must notify the judicial officer or non-judicial member of VCAT in respect of whom the determination was made of the determination and the details of the determination including that the determination is effective immediately.

(5) A determination under subsection (1) remains in force for 21 days from the date the determination is made, unless a determination is made under section 98 to continue to stand down the judicial officer or non-judicial member of VCAT.

(6) Unless the principal head of jurisdiction who makes a determination under subsection (1) has already made a referral under section 7 to the Judicial Commission about the conduct or capacity of the judicial officer or non-judicial member of VCAT on which a determination under subsection (1) is based, the principal head of jurisdiction must make a referral to the Judicial Commission under section 7 within 3 days of making that determination.