98Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel

98 Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel

(1) At any time after a complaint or a referral is made to the Judicial Commission, the Judicial Commission or an investigating panel (as appropriate depending on whether the Judicial Commission or an investigating panel is considering the matter) may make a recommendation that the officer concerned—

(a) be stood down from office; or

(b) continue to be stood down from office, if the officer concerned has been stood down under section 97.

(2) On the recommendation of the Judicial Commission or an investigating panel (as the case may be) under subsection (1)—

(a) a principal head of jurisdiction may make a determination to stand down or continue to stand down the officer concerned, if the officer concerned is not—

(i) a head of jurisdiction; or

(ii) a judicial officer of the Supreme Court; or

(iii) a judicial officer of the County Court; or

(b) the relevant council of judges may make a determination to stand down the officer concerned, if the officer concerned is—

(i) a head of jurisdiction; or

(ii) a judicial officer of the Supreme Court; or

(iii) a judicial officer of the County Court.

(3) A recommendation of the Judicial Commission or an investigating panel under subsection (1), or a determination by a person or the relevant council of judges under subsection (2), must not be made unless—

(a) the Judicial Commission, an investigating panel, the person or the relevant council of judges believes that the matter the subject of the complaint or referral could, if substantiated, amount to proved misbehaviour or incapacity of the officer concerned such as to warrant the removal of the officer from office; and

(b) one or more of the following apply—

(i) the officer concerned has been charged with, found guilty of or convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;

(ii) the officer concerned has been committed to stand trial for an indictable offence, or is a person against whom a direct presentment has been filed in relation to an indictable offence;

(iii) the officer concerned has been subject to a process in another jurisdiction that is equivalent to a process specified in subparagraph (ii);

(iv) the Judicial Commission, the investigating panel, the person or the relevant council of judges believes that the continued performance of functions by the officer concerned is likely to impair public confidence in the impartiality, independence, integrity or capacity of the officer concerned or the court or tribunal to which the officer concerned is appointed or assigned.