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Australian Capital Territory
Judicial Commissions Act 1994
A1994-9
Republication No 25
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Judicial Commissions Act 1994 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Judicial Commissions Act 1994
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Offences against Act—application of Criminal Code etc 2
Part 2 Tenure of judicial office
4 Tenure 3
5 Removal of judicial officer 3
Part 2A Judicial council
5A Establishment of council 5
5B Council—members 5
Contents
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5C Appointment of members 5
5D Standing acting arrangement—members 6
5E Delegation by Chief Justice and Chief Magistrate 6
5F Council—functions 6
5G Member not to exercise function in certain circumstances 7
5H Council—staff 7
5I Council—delegation 7
Part 3 Judicial commissions
6 Constitution of judicial commission 8
7 Members 8
8 Terms and conditions of appointment 8
10 Cessation 9
12 Termination of appointment 9
13 Arrangements for staff 9
Part 4 Complaints against judicial officers
14 Making of complaint 10
15 Referral of complaint to council 11
16 Council to examine complaint etc 11
16A Protocol—complaints in relation to ACAT 11
17 Council recommendation—appointment of commission 12
18 Resolution by Legislative Assembly 13
19 Judicial officer excused 13
20 Functions of officers who have been excused 14
21 Examination of complaint by commission 14
22 Reports of commission 15
23 Tabling reports 16
24 Statement by judicial officer 17
Part 5 Proceedings—council and commissions
Division 5.1 General
24A Determination of question—council 19
25 Determination of question—commission 19
26 Counsel assisting 19
Contents
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27 Protection of members etc 20
28 Offence—disclosure of information by members etc 20
29 Disclosure of information to Attorney-General etc 21
30 Outstanding matters—commission 22
Division 5.2 Evidence
31 Procedure 22
32 Privileges against self-incrimination and exposure to civil penalty 23
Division 5.3 Powers
33 Search warrants 24
34 Inspection and retention of documents 26
35 Medical examination of judicial officer 27
Division 5.3A Examinations and hearings—council
35A Preliminary examination 28
35B Early dismissal of complaint 28
35C Refer complaint to head of jurisdiction 29
35D Examination of complaint by council 29
35E Hearing of complaint by council 30
35F Appearance and representation 30
35G Examination of witnesses 30
35H Powers in relation to witnesses etc 31
35I Dismissal of complaint by council 31
35J Substantiation of complaint by council 32
35JA Notifying Attorney-General about complaint 33
35K Extension or partial dismissal of complaint 33
Division 5.4 Hearings—commission
37 Power to hold 34
38 Person presiding 35
39 Conduct of hearing 35
40 Appearance and representation 35
41 Presence of people at private hearing 36
42 Examination of witnesses 36
43 Powers in relation to witnesses etc 37
43A Appearance by audiovisual or audio links 37
44 Apprehension of witnesses failing to appear 38
Contents
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Part 6 Miscellaneous
55 Application of Criminal Code, ch 7 40
56 Contempt 40
57 Vexatious complaints 40
58 Protection of Attorney-General and other officers 41
59 Reimbursement of costs and expenses 41
60 No proceeding to be brought 42
61 Reports of proceedings—protection 43
61A Report of council activities 43
61B Information about complaint to be provided to Attorney-General 44
62 Approved forms 45
63 Regulation-making power 45
Dictionary 46
Endnotes
1 About the endnotes 49
2 Abbreviation key 49
3 Legislation history 50
4 Amendment history 55
5 Earlier republications 62
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Australian Capital Territory
Judicial Commissions Act 1994
An Act to provide for the examination of complaints in relation to judicial
officers, to provide for their removal from office in certain circumstances, and
for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Judicial Commissions Act 1994.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to an offence against this Act, pt 6 (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Tenure of judicial office Part 2
Section 4
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Part 2 Tenure of judicial office
4 Tenure
A judicial officer must not be removed from office except in
accordance with this Act.
5 Removal of judicial officer
(1) If the Legislative Assembly passes, in the appropriate manner, a
resolution requiring the Executive to remove a judicial officer from
office on the ground of misbehaviour or physical or mental
incapacity, the Executive must, by instrument, remove the judicial
officer from the office.
(2) For subsection (1), a resolution of the Legislative Assembly is taken
to have been passed in the appropriate manner if it is passed—
(a) under a motion of which notice was given after completion of
the formal process; and
(b) within 15 sitting days after the Attorney-General has presented
to the Legislative Assembly the report of the commission
appointed to examine the complaint in respect of the judicial
officer; and
(c) by a majority of the votes of the members of the Legislative
Assembly present and voting.
Part 2 Tenure of judicial office
Section 5
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(3) For subsection (2), the formal process is taken to have been completed
if—
(a) the commission has submitted to the Attorney-General in
accordance with section 22 a report of its examination of the
complaint in which it concludes that the behaviour or physical
or mental capacity of the judicial officer concerned could
amount to proved misbehaviour or incapacity such as to warrant
removal from office and the Attorney-General has presented a
copy of the report to the Legislative Assembly in accordance
with section 23; and
(b) following the submission of the report—
(i) the judicial officer has delivered to the Attorney-General
in accordance with section 24 (1) and (3) a statement
relating to the report and the Attorney-General has
presented the statement to the Legislative Assembly in
accordance with section 24 (4); or
(ii) the period for delivering such a statement has expired and
no such statement has been delivered by the judicial officer
to the Attorney-General; and
(c) the judicial officer has been given a reasonable opportunity by
the Legislative Assembly to address the Assembly (whether in
person or by a lawyer on the judicial officer’s behalf) in relation
to any matter relating to the commission’s findings or
conclusion; and
(d) the Legislative Assembly has determined that the findings by the
commission amount to misbehaviour or physical or mental
incapacity identified by the commission.
(4) An address to the Assembly in accordance with subsection (3) (c)
must not contain any references to people or things that are
inconsistent with the commission’s reasons for submitting a separate
report (if any) in accordance with section 22 (3).
Judicial council Part 2A
Section 5A
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Part 2A Judicial council
5A Establishment of council
The judicial council (the council) is established.
5B Council—members
(1) The council consists of—
(a) the Chief Justice; and
(b) the Chief Magistrate; and
(c) 2 members appointed by the Executive.
(2) The Chief Justice is the head of council.
5C Appointment of members
(1) The Executive must appoint—
(a) 1 member who is a legal practitioner jointly nominated by the
council of the law society and the council of the bar association;
and
(b) 1 member who the Executive is satisfied has the qualifications
and experience to assist the council in the exercise of its
functions.
(2) Before appointing a person as a member of the council, the Executive
must consult with the Chief Justice and the Chief Magistrate.
Note For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Part 2A Judicial council
Section 5D
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5D Standing acting arrangement—members
(1) The Executive may appoint a person to act for a member of the
council appointed under section 5C during all periods when the
member cannot for any reason exercise the functions of a member of
the council.
Note 1 The Legislation Act, div 19.3.2A deals with standing acting
arrangements.
Note 2 A person acting under a standing arrangement has all the functions of the
occupant of the position.
(2) Before appointing a person under this section, the Executive must
consult with the Chief Justice and the Chief Magistrate.
5E Delegation by Chief Justice and Chief Magistrate
(1) The Chief Justice may delegate a function under this part to a resident
judge.
(2) The Chief Magistrate may delegate a function under this part to a
magistrate.
(3) The delegate may exercise a function as a member of the council only
when the delegator cannot for any reason exercise the function.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
5F Council—functions
The council has the following functions:
(a) receiving complaints in relation to a judicial officer;
(b) examining complaints in relation to a judicial officer;
(c) referring certain complaints to the Executive or a head of
jurisdiction;
(d) giving information about the process for complaints in relation
to judicial officers;
Judicial council Part 2A
Section 5G
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(e) any other function given to the council under this Act or another
territory law.
Note A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196).
5G Member not to exercise function in certain circumstances
If a member of the council is, in relation to a complaint, the
complainant or the judicial officer who is the subject of the complaint,
the member may not exercise a function as a member of the council
in relation to the complaint.
5H Council—staff
The council is to be supported in the exercise of its functions by a
principal officer and other staff considered suitable by the council.
5I Council—delegation
(1) The council may delegate its functions under this Act to a member of
the council’s staff.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
(2) However, the council must not delegate its function of—
(a) dismissing a complaint, other than its function under
section 35B (1) (a), (f) or (g); or
(b) referring a complaint; or
(c) making a recommendation in relation to a complaint.
Part 3 Judicial commissions
Section 6
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Part 3 Judicial commissions
6 Constitution of judicial commission
A judicial commission must consist of a presiding member and
2 other members appointed by the Executive.
Note For the making of appointments, see the Legislation Act, pt 19.3.
7 Members
(1) A person must not be appointed as a member—
(a) unless the person is or has been a judge; or
(b) unless the person has been a judge of the Supreme Court or
justice of the High Court; or
(c) if the person is an acting judge appointed under the Supreme
Court Act 1933, section 4B.
(2) If a member dies, resigns or is removed from office under
section 12—
(a) the remaining members constitute the commission; and
(b) this Act has effect as if section 6 referred to 1 other member.
(3) If the presiding member dies, resigns or is removed from office under
section 12, the Executive must, in writing, appoint 1 of the remaining
members to be the presiding member.
8 Terms and conditions of appointment
A member holds office on such terms and conditions in relation to
matters not provided for by this Act as are determined in writing by
the Executive.
Judicial commissions Part 3
Section 10
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10 Cessation
A member ceases to hold office as a member—
(a) when the commission’s report of its examination of the
complaint has been submitted to the Attorney-General in
accordance with section 22; or
(b) if section 30 applies—when the commission notifies the
Attorney-General in accordance with that section that any
outstanding matters have been finalised.
Note A commissioner’s appointment also ends if the person resigns (see
Legislation Act, s 210).
12 Termination of appointment
The Executive may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
13 Arrangements for staff
(1) A commission may arrange with the head of service to use the
services of a public servant.
Note The head of service may delegate powers in relation to the management
of public servants to a public servant or another person (see Public Sector
Management Act 1994, s 18).
(2) A public servant subject to an arrangement under subsection (1) must
act in accordance with the direction of a member, and not otherwise.
Part 4 Complaints against judicial officers
Section 14
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Part 4 Complaints against judicial
officers
14 Making of complaint
(1) A person may complain to the council or the Attorney-General about
a matter that relates or may relate to the behaviour or physical or
mental capacity of a judicial officer (other than a presidential member
of the ACAT).
(2) A person may complain to the Attorney-General about a matter that
relates or may relate to the behaviour or physical or mental capacity
of a presidential member of the ACAT.
(3) A complaint must—
(a) be in writing; and
(b) state the name and address of the complainant; and
(c) identify the judicial officer concerned; and
(d) contain full particulars of the matter the subject of the complaint;
and
(e) contain anything else prescribed by regulation.
(4) A member of the Legislative Assembly must not raise in the
Assembly a matter that relates or may relate to the behaviour or
physical or mental capacity of a judicial officer—
(a) except by way of a motion to have a specific allegation made in
precise terms in relation to the judicial officer examined by a
judicial commission; and
(b) unless the member has given to the Attorney-General not less
than 6 sitting days notice of the motion and the member has not
been notified by the Attorney-General or the council within that
period that a recommendation has been made that the Executive
appoint a judicial commission in relation to the allegation.
Complaints against judicial officers Part 4
Section 15
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(5) If a member of the Legislative Assembly gives notice under
subsection (4) (b), the member must also tell the council about the
notice.
15 Referral of complaint to council
(1) The Attorney-General must, as soon as practicable after receiving a
complaint—
(a) refer the complaint to the council; and
(b) tell the complainant that the complaint has been referred to the
council.
(2) However, if the complaint is about a presidential member of the
ACAT, the Attorney-General must ensure that it is dealt with in
accordance with an approved protocol.
16 Council to examine complaint etc
The council must, as soon as practicable after receiving a complaint—
(a) examine the complaint in accordance with
part 5 (Proceedings—council and commissions); and
(b) tell the following about the complaint:
(i) the subject of the complaint;
(ii) if the subject of the complaint is not a head of
jurisdiction—the relevant head of jurisdiction.
16A Protocol—complaints in relation to ACAT
(1) The Attorney-General must approve a protocol about dealing with
complaints made in relation to a presidential member of the ACAT.
(2) An approved protocol may provide for the appointment of a suitably
qualified person to consider a complaint in relation to a presidential
member.
Part 4 Complaints against judicial officers
Section 17
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(3) An approved protocol must provide—
(a) for the following to be told about the complaint as soon as
practicable:
(i) the subject of the complaint;
(ii) if the subject of the complaint is not the president—the
president; and
(b) for a recommendation to be made to the Executive to appoint a
judicial commission to examine the complaint if the complaint
could justify parliamentary consideration of the removal of the
presidential member.
(4) An approved protocol is a notifiable instrument.
17 Council recommendation—appointment of commission
(1) If the council is satisfied on reasonable grounds that a complaint is
wholly or partly substantiated under section 35J (1) (a)
(Substantiation of complaint by council) the council must—
(a) recommend, in writing, that the Executive appoint a judicial
commission to examine the complaint; and
(b) give the Executive the report mentioned in section 35J.
(2) The council must also give written notice of a recommendation under
subsection (1) (a) to—
(a) the complainant or the member of the Legislative Assembly
(as the case requires); and
(b) the subject of the complaint; and
(c) if the subject of the complaint is not a head of jurisdiction—the
relevant head of jurisdiction.
Note For how documents may be given, see the Legislation Act, pt 19.5.
Complaints against judicial officers Part 4
Section 18
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(3) If the Executive receives a recommendation from the council under
this section the Executive must appoint a judicial commission to
examine and report on the complaint.
18 Resolution by Legislative Assembly
If the Legislative Assembly passes a resolution for the examination
of a complaint in relation to a judicial officer by a judicial
commission, the Executive must appoint a judicial commission to
examine the complaint and to submit to the Attorney-General a report
of its examination within the period specified by the Executive or
within such further period as the Executive, by notice in writing,
allows.
19 Judicial officer excused
(1) When a commission is appointed to examine a complaint, the judicial
officer concerned is, by force of this section, excused from exercising
any function connected with the relevant judicial office.
(2) A judicial officer who has been excused must not resume the exercise
of any such function unless—
(a) the commission has submitted to the Attorney-General in
accordance with section 22 a report of its examination of the
complaint in which it does not conclude that the behaviour or
physical or mental capacity of the judicial officer could amount
to proved misbehaviour or incapacity such as to warrant removal
from office; or
(b) a motion in the Legislative Assembly to require the removal
from office of the judicial officer is withdrawn or is not called
on within 5 sitting days after the Attorney-General has presented
the commission’s report to the Legislative Assembly in
accordance with section 23; or
Part 4 Complaints against judicial officers
Section 20
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(c) such a motion, having been called on before the Legislative
Assembly within the period referred to in paragraph (b), is
resolved in the negative.
(3) A judicial officer who has been excused from office is entitled to be
paid remuneration and allowances as a judicial officer for that office
while excused.
20 Functions of officers who have been excused
(1) Subject to this section, a judicial officer who has been excused must
not, while excused, exercise any function connected with the relevant
judicial office.
(2) The Executive may, by instrument, authorise a judicial officer who
has been excused to exercise such functions as are necessary for the
purpose of completing a specified matter or class of matters.
(3) If a judicial officer who has been excused exercises a function
connected with the relevant judicial office, the function is taken to
have been exercised as validly and effectively as if the judicial officer
had not been excused.
21 Examination of complaint by commission
(1) A commission must, as soon as practicable after being appointed to
examine a complaint, conduct an examination of the complaint.
(2) In conducting the examination, the commission—
(a) must consider only specific allegations made in precise terms;
and
(b) must not consider a matter arising before the appointment of the
judicial officer concerned to the relevant office unless the
commission considers it necessary and desirable to do so for the
full and proper examination of the complaint; and
(c) may initiate such inquiries into the subject matter of the
complaint as the commission considers appropriate.
Complaints against judicial officers Part 4
Section 22
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(3) Except as otherwise provided by this Act, an examination or inquiry
must be conducted in such manner as the commission determines.
22 Reports of commission
(1) After completing an examination of a complaint, a commission
must—
(a) prepare a report of its examination; and
(b) submit the report to the Attorney-General.
(2) A report must—
(a) set out the commission’s findings on material questions of fact;
and
(b) refer to the evidence or other material on which those findings
were based; and
(c) set out the commission’s conclusion as to whether or not the
behaviour or physical or mental capacity of the judicial officer
concerned could amount to proved misbehaviour or incapacity
such as to warrant his or her removal from office.
(3) If a commission is of the opinion that, if any of its findings, or any of
the evidence given before the commission, in relation to a person
(other than the judicial officer the subject of the complaint) were to
be presented to the Legislative Assembly—
(a) a person who has been or may be charged with an offence may
not receive a fair trial for the offence; or
(b) the conduct of an investigation of a breach or possible breach of
the law may be prejudiced; or
(c) the existence or identity of a confidential source of information
in relation to the enforcement or administration of the law may
be disclosed or a person enabled to ascertain the existence or
identity of that source; or
Part 4 Complaints against judicial officers
Section 23
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(d) there may be prejudice to the safety or reputation of a person;
the commission may include those findings or that evidence in a
separate report and submit the report to the Attorney-General,
together with—
(e) a statement of its opinion; and
(f) a recommendation that the report not be presented to the
Legislative Assembly.
(4) When submitting a report to the Attorney-General, a commission
must commit any documents or things (except documents or things
required for the purpose of finalising matters under section 30) then
in its possession to the custody of the Attorney-General for
safekeeping.
(5) The Attorney-General must accept a recommendation referred to in
subsection (3) (f) unless he or she is satisfied that there are compelling
reasons of public policy why the relevant report should be presented
to the Legislative Assembly.
23 Tabling reports
(1) The Attorney-General must, as soon as practicable after receiving a
report submitted by a commission (other than a report in relation to
which he or she has accepted a recommendation referred to in section
22 (3) (f)), present a copy of the report to the Legislative Assembly.
(2) The Attorney-General must, on presenting a copy of the report to the
Legislative Assembly, give a copy of that report to—
(a) the judicial officer the subject of the complaint; and
(b) if the judicial officer is not a head of jurisdiction—the relevant
head of jurisdiction.
Complaints against judicial officers Part 4
Section 24
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(3) The Attorney-General may also give to the judicial officer the subject
of a complaint a copy of a report in accordance with section 22 (3) in
relation to which the Attorney-General has accepted a
recommendation referred to in section 22 (3) (f) if the Attorney-
General considers it appropriate to do so.
(4) The Attorney-General need not inquire whether a condition precedent
has been satisfied in relation to a report purporting to have been
prepared and submitted in accordance with this Act.
(5) A person who publishes a report or part of a report that has not been
presented to the Legislative Assembly by the Attorney-General
commits an offence.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
24 Statement by judicial officer
(1) Where a commission submits to the Attorney-General a report of its
examination of a complaint in relation to a judicial officer, the judicial
officer may deliver to the Attorney-General a written statement
containing particulars of any matter relating to the commission’s
findings.
(2) A statement relating to a report must not contain any references to
people or things that are inconsistent with the commission’s reasons
for submitting a separate report (if any) in accordance with section 22
(3).
(3) A statement relating to a report must be delivered to the Attorney-
General—
(a) if the Legislative Assembly has, by resolution, fixed a period
longer than 14 days after the Attorney-General has presented the
report to the Assembly—within the period so fixed; or
Part 4 Complaints against judicial officers
Section 24
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(b) if paragraph (a) does not apply—within 14 days after the
Attorney-General has presented the report to the Assembly.
(4) The Attorney-General must, as soon as practicable after receiving a
statement under subsection (1), present a copy of the statement to the
Legislative Assembly.
Proceedings—council and commissions Part 5
General Division 5.1
Section 24A
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Part 5 Proceedings—council and
commissions
Division 5.1 General
24A Determination of question—council
(1) A question before the council must be decided—
(a) in accordance with the opinion of a majority of the members; or
(b) if the council is equally divided—in accordance with the opinion
of the head of council.
(2) If, in relation to a question before the council, members are not
unanimous in opinion, a member may require the record of the
council to reflect the different opinions of the members on that
question.
25 Determination of question—commission
(1) A question arising before a commission must be decided—
(a) if the commission is constituted by 3 members—in accordance
with the opinion of a majority of the members; or
(b) if the commission is constituted by 2 members and those
members are divided in opinion—in accordance with the
opinion of the presiding member.
(2) If, in relation to a question arising before a commission, the members
are not unanimous in opinion, there must, if a member so requires, be
recorded in the report of the commission particulars of the opinions
of the members on that question.
26 Counsel assisting
The council or a commission may appoint a lawyer to assist it, either
generally or in relation to a particular matter.
Part 5 Proceedings—council and commissions
Division 5.1 General
Section 27
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27 Protection of members etc
(1) A member of the council or a commission has, in the exercise of any
function as a member in relation to an examination, the same
protection and immunity as a judge of the Supreme Court in
proceedings in that Court.
(2) A lawyer assisting the council or a commission or appearing on a
person’s behalf at a hearing before the council or a commission has
the same protection and immunity as a barrister has in appearing for
a party in proceedings in the Supreme Court.
(3) Subject to this Act, a person subpoenaed to attend or appearing before
the council or a commission as a witness has the same protection and
is subject to the same liabilities as a witness in proceedings in the
Supreme Court.
28 Offence—disclosure of information by members etc
(1) This section applies to—
(a) a person who is or has been—
(i) a member of the council or a commission; or
(ii) a member of the staff of the council; or
(iii) a member of the staff of a commission; or
(iv) a lawyer assisting the council or a commission; and
(b) any other person who has or has had access to information by
virtue of that person’s office or employment under or for this
Act.
Proceedings—council and commissions Part 5
General Division 5.1
Section 29
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(2) A person to whom this section applies must not, either directly or
indirectly, except in the exercise of a function under or for this Act or
the Integrity Commission Act 2018, section 59 (Other entities may
refer corruption complaints)—
(a) make a record of, or divulge or communicate to any person, any
information acquired by the firstmentioned person by virtue of
that person’s office or employment under or for this Act or the
Integrity Commission Act 2018, section 59 (Other entities may
refer corruption complaints); or
(b) make use of any such information; or
(c) produce to any person, or permit any person to have access to, a
document provided for this Act or the Integrity Commission
Act 2018, section 59 (Other entities may refer corruption
complaints).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
29 Disclosure of information to Attorney-General etc
If, in the course of exercising a function under this Act, the council or
a commission obtains information that relates or may relate to the
commission of an offence, or evidence of the commission of an
offence against a law of the territory, the Commonwealth, a State or
another Territory, the council or commission may, if in its opinion it
is appropriate to do so, communicate the information or give the
evidence to—
(a) the Attorney-General or the appropriate Minister of State for the
Commonwealth, a State or that other Territory; or
(b) the chief police officer.
Part 5 Proceedings—council and commissions
Division 5.2 Evidence
Section 30
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30 Outstanding matters—commission
(1) If—
(a) a commission has submitted its report in accordance with
section 22; and
(b) there are any outstanding matters connected with the exercise by
the commission of its functions under this Act;
the commission must—
(c) notify the Attorney-General that there are outstanding matters;
and
(d) for such time as is necessary, continue to exercise its powers
under this Act for the purpose of finalising those matters.
(2) When any outstanding matters have been finalised, the commission
must—
(a) notify the Attorney-General accordingly; and
(b) commit any documents or things still in its possession to the
custody of the Attorney-General for safekeeping.
Division 5.2 Evidence
31 Procedure
In conducting its proceedings, the council or a commission—
(a) is not bound by the rules of evidence but may inform itself of
any matter in such manner as it considers appropriate; and
(b) may do whatever it considers necessary or expedient for the fair
and expeditious conduct of the examination of the complaint.
Proceedings—council and commissions Part 5
Evidence Division 5.2
Section 32
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32 Privileges against self-incrimination and exposure to civil
penalty
(1) This section applies if a person is required under this part to—
(a) produce a document or other thing; or
(b) answer a question.
(2) The person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to
refuse to produce the document or other thing or answer the question.
Note The Legislation Act, s 171 deals with client legal privilege.
(3) However, any information, document or other thing obtained, directly
or indirectly, because of the producing of the document or other thing,
or the answering of the question, is not admissible in evidence against
the person in a civil or criminal proceeding, other than a proceeding
for—
(a) an offence in relation to the falsity or the misleading nature of
the answer, document or information; or
(b) an offence against the Criminal Code, chapter 7 (Administration
of justice offences).
Part 5 Proceedings—council and commissions
Division 5.3 Powers
Section 33
page 24 Judicial Commissions Act 1994
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Division 5.3 Powers
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
33 Search warrants
(1) The presiding member of a commission may issue a search warrant
if—
(a) the presiding member has reasonable grounds for suspecting that
there may be, at that time or within the next following 24 hours,
in or on any premises, a thing of a particular kind connected with
a matter into which the commission is inquiring (thing of the
relevant kind); and
(b) the presiding member believes on reasonable grounds that, if a
search warrant were not issued for the production of the thing,
that thing might be concealed, lost, mutilated, destroyed or
disposed of.
(2) A search warrant must authorise a police officer or an authorised
person named in the warrant with such assistance, and by such force,
as is necessary and reasonable—
(a) to enter the premises; and
(b) to search the premises for things of the relevant kind; and
(c) to seize any things of the relevant kind found in or on the
premises; and
(d) to deliver anything so seized to the commission.
(3) A search warrant must—
(a) state the purpose for which it is issued; and
(b) specify particular hours during which the entry is authorised or
state that the entry is authorised at any time of the day or night;
and
Proceedings—council and commissions Part 5
Powers Division 5.3
Section 33
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(c) include a description of the kind of things in relation to which
the powers under the warrant may be exercised; and
(d) specify the date, being a date not later than 1 month after the
date of issue of the warrant, on which the warrant ceases to have
effect.
(4) A search warrant may be executed, in accordance with its terms, at
any time during the period commencing on the date of issue of the
warrant and ending at the end of the date specified for
subsection (3) (d).
(5) If, in the course of searching under a search warrant for a thing of a
relevant kind—
(a) the person executing the warrant finds a thing that the person
believes on reasonable grounds to be connected with the matter
into which the commission is inquiring, although not of a kind
specified in the warrant; and
(b) the person believes on reasonable grounds that it is necessary to
seize that thing in order to prevent its being concealed, lost,
mutilated, destroyed or disposed of;
the person may seize that thing and must deliver the thing so seized
to the commission.
(6) A person executing a search warrant must, on request by an occupant
of the premises to which the warrant relates, show the warrant to that
occupant.
(7) A reference in subsection (1) to the presiding member of a
commission includes a reference to a member authorised by the
presiding member to act under that subsection.
Part 5 Proceedings—council and commissions
Division 5.3 Powers
Section 34
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34 Inspection and retention of documents
(1) A council member, a member of the staff of the council or an
authorised person may—
(a) inspect a document or other thing produced before, or delivered
to, the council; and
(b) retain possession of the document or thing for the period
necessary for the purposes of the inquiry to which the document
or thing relates; and
(c) in the case of a document produced before, or delivered to, the
council—make copies of, or take extracts from, the parts of the
document that are relevant to a matter the subject of the inquiry.
(2) A commission, a member, a member of the staff of a commission or
an authorised person may—
(a) inspect a document or other thing produced before, or delivered
to, the commission; and
(b) retain possession of the document or thing for such period as is
necessary for the purposes of the inquiry to which the document
or thing relates; and
(c) in the case of a document produced before, or delivered to, the
commission—make copies of, or take extracts from, such parts
of the document as are relevant to a matter the subject of the
inquiry.
(3) Where a document is retained under subsection (1) (b) or (2) (b)—
(a) the person otherwise entitled to possession of the document is
entitled to be supplied, as soon as practicable, with a copy
certified by a member to be a true copy and the certified copy
must be received in all courts as evidence as if it were the
original; and
Proceedings—council and commissions Part 5
Powers Division 5.3
Section 35
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(b) until the certified copy is supplied, the commission must, at such
times and places as it thinks appropriate, permit the person
otherwise entitled to possession of the document, or a person
authorised by that person, to inspect and make copies of, or take
extracts from, the document.
(4) If the retention of a document or other thing by the council or a
commission ceases to be necessary for the purposes of an inquiry and
a person who reasonably appears to the council or commission to be
entitled to the document or thing requests it, the council or
commission must return the document or thing to the person.
35 Medical examination of judicial officer
(1) If, in the course of examining a complaint, the council or a
commission forms the opinion on reasonable grounds that the judicial
officer concerned may be physically or mentally unfit to exercise
efficiently the functions of his or her office, the council may request
the judicial officer to—
(a) undergo a specified medical examination within a reasonable
stated time; and
(b) give the council a copy of any report of the medical examination.
(2) A specified medical examination must relate only to the physical or
mental fitness of the judicial officer to exercise efficiently the
functions of his or her office.
(3) If the judicial officer fails, without reasonable excuse, to comply with
the request, a statement to that effect must be included in any report
given in relation to the judicial officer under—
(a) section 22 (Reports of commission); or
(b) section 35I (Dismissal of complaint by council); or
(c) section 35J (Substantiation of complaint by council).
Part 5 Proceedings—council and commissions
Division 5.3A Examinations and hearings—council
Section 35A
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Division 5.3A Examinations and hearings—council
35A Preliminary examination
(1) The council must conduct a preliminary examination of a complaint.
(2) The council may initiate the inquiries into the subject matter of the
complaint that the council considers appropriate.
(3) A preliminary examination and any inquiries must, as far as
practicable, be in private.
35B Early dismissal of complaint
(1) After a preliminary examination under section 35A, the council may
dismiss a complaint if satisfied on reasonable grounds of any of the
following:
(a) the complaint is one that the council is not required to deal with;
(b) the complaint is frivolous, vexatious or not in good faith;
(c) the subject matter of the complaint is trivial;
(d) the matter complained about happened at too remote a time to
justify further consideration;
(e) in relation to the matter complained about, there is or was
available a satisfactory means of redress or of dealing with the
complaint or the subject matter of the complaint;
(f) without limiting paragraph (e), the complaint relates to the
exercise of a judicial or other function that is or was subject to
adequate appeal or review rights;
(g) the person complained about is no longer a judicial officer;
(h) having regard to all the circumstances, further consideration of
the complaint is unnecessary or unjustifiable.
(2) In deciding whether or not to dismiss a complaint, the council may
have regard to any matter the council considers relevant.
Proceedings—council and commissions Part 5
Examinations and hearings—council Division 5.3A
Section 35C
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(3) If the council dismisses a complaint after a preliminary examination
under section 35A, the council must tell the complainant that the
complaint has been dismissed.
35C Refer complaint to head of jurisdiction
(1) The council may refer a complaint to the relevant head of jurisdiction
if the council is satisfied on reasonable grounds that although the
complaint appears to be wholly or partly substantiated, it does not
justify the attention of the council.
(2) A reference under subsection (1) may include recommendations as to
what steps might be taken to deal with the complaint.
35D Examination of complaint by council
(1) The council must conduct an examination of a complaint received by
the council or referred to it under section 15 (Referral of complaint to
council) unless—
(a) the complaint is dismissed under section 35B (Early dismissal
of complaint); or
(b) the complaint is referred under section 35C.
(2) The council may initiate the inquiries into the subject matter of the
complaint that the council considers appropriate.
(3) An examination and any inquiries must, as far as practicable, be in
private.
(4) The council must tell the Attorney-General when it starts conducting
an examination of a complaint about a judicial officer and when, and
the way in which, the complaint is disposed of.
(5) Subsection (4) applies whether or not the Attorney-General has
requested the information about the complaint.
Part 5 Proceedings—council and commissions
Division 5.3A Examinations and hearings—council
Section 35E
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35E Hearing of complaint by council
(1) The council may hold hearings in connection with a complaint.
(2) A hearing must be held in private, unless the council decides on
reasonable grounds that it is in the public interest for the hearing to
be held in public.
(3) If a hearing or part of a hearing is to be held in private, the council
may give directions as to the persons who may be present.
35F Appearance and representation
(1) At a hearing—
(a) the judicial officer the subject of a complaint is entitled to appear
and to be represented by a lawyer; and
(b) a person summoned to attend or appearing before the council as
a witness may be represented by a lawyer; and
(c) any other person may, with the consent of the council, appear
and may be represented by a lawyer.
(2) In subsection (1) (b):
person includes an unincorporated association.
35G Examination of witnesses
The following may examine or cross-examine a witness at a hearing
on any matter that the council is satisfied on reasonable grounds is
relevant and appropriate to its inquiry:
(a) a lawyer assisting the council;
(b) the judicial officer the subject of the complaint or the lawyer
representing the judicial officer;
(c) any other person present who is permitted by the head of council
to do so.
Proceedings—council and commissions Part 5
Examinations and hearings—council Division 5.3A
Section 35H
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35H Powers in relation to witnesses etc
(1) The head of council, or an authorised person, may, by written notice
given to a person (a subpoena), require the person to appear before
the council at a hearing, at a stated time and place, to do either or both
of the following:
(a) give evidence;
(b) produce a stated document or other thing relevant to the hearing.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(2) A person is taken to have complied with a subpoena under subsection
(1) (b) if the person gives the document or other thing to the council
before the date stated in the subpoena for its production.
(3) The head of council may require a witness appearing at a hearing
before the council to give evidence to do 1 or more of the following:
(a) take an oath;
(b) answer a question relevant to the hearing;
(c) produce a stated document or other thing relevant to the hearing.
Note Oath includes affirmation and take an oath includes make an affirmation
(see Legislation Act, dict, pt 1).
35I Dismissal of complaint by council
(1) The council must dismiss a complaint if satisfied on reasonable
grounds that—
(a) any of the matters mentioned in section 35B (Early dismissal of
complaint) apply to the complaint; or
(b) the complaint has not been substantiated.
(2) If the council dismisses a complaint, the council must prepare a report
of its examination.
Part 5 Proceedings—council and commissions
Division 5.3A Examinations and hearings—council
Section 35J
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(3) A report must—
(a) set out the council’s findings on material questions of fact; and
(b) refer to the evidence or other material on which those findings
were based; and
(c) set out the council’s reasons for dismissing the complaint.
(4) The council must give a copy of the report to the judicial officer
concerned and, in the case of notice by a member of the Legislative
Assembly, to the member.
(5) The council may give a copy of the report, or a summary of the report,
to the complainant.
Note For how documents may be given, see the Legislation Act, pt 19.5.
35J Substantiation of complaint by council
(1) If the council is satisfied on reasonable grounds that a complaint is
wholly or partly substantiated, the council must—
(a) if the complaint could justify parliamentary consideration of the
removal of the judicial officer—make a recommendation under
section 17 (Council recommendation—appointment of
commission); or
(b) if the complaint could not justify parliamentary consideration of
the removal of the judicial officer—refer the complaint under
section 35C (Refer complaint to head of jurisdiction).
(2) If the council substantiates a complaint, the council must—
(a) prepare a report of its examination; and
(b) give the report to—
(i) if subsection (1) (a) applies—the Executive; or
(ii) if subsection (1) (b) applies—the head of jurisdiction.
Proceedings—council and commissions Part 5
Examinations and hearings—council Division 5.3A
Section 35JA
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(3) A report must—
(a) set out the council’s findings on material questions of fact; and
(b) refer to the evidence or other material on which those findings
were based; and
(c) set out the council’s reasons for substantiating the complaint.
(4) The council must give a copy of the report to the judicial officer
concerned and, in the case of notice by a member of the Legislative
Assembly, to the member.
(5) The council may give a copy of the report, or a summary of the report,
to the complainant.
Note For how documents may be given, see the Legislation Act, pt 19.5.
35JA Notifying Attorney-General about complaint
(1) This section applies to a complaint referred to the council under
section 15.
(2) The council must, as soon as practicable after dealing with the
complaint, notify the Attorney-General about whether the matter
was—
(a) dismissed under section 35B; or
(b) referred to the relevant head of jurisdiction under section 35C.
Note The council must also notify the Attorney-General under s 35D (4) when
it starts examining a complaint about a judicial officer and when, and the
way in which, the complaint is disposed of.
35K Extension or partial dismissal of complaint
(1) In dealing with a complaint about a judicial officer, the council is not
limited to the matters raised initially in the complaint, and the council
may treat the original complaint as extending to other matters arising
in the course of its being dealt with.
Part 5 Proceedings—council and commissions
Division 5.4 Hearings—commission
Section 37
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(2) If, in dealing with a complaint about a judicial officer, a matter which
might constitute grounds for a complaint about another judicial
officer come to the attention of the council, it may treat the original
complaint as extending to the new matter.
(3) A power to dismiss a complaint includes a power to dismiss a part of
a complaint.
Division 5.4 Hearings—commission
37 Power to hold
(1) For the purposes of conducting an inquiry, a commission may hold
hearings.
(2) Subject to subsection (3), a hearing must be in public.
(3) If a commission is satisfied that it is desirable to do so because of the
confidential nature of any evidence or matter, or for any other reason,
the commission may—
(a) direct that a hearing or part of a hearing must take place in
private and give directions as to the people who may be present;
and
(b) give directions prohibiting or restricting the publication of
evidence given at a hearing (whether in public or private) or of
matters contained in documents lodged with, or received in
evidence by, the commission; and
(c) give directions prohibiting or restricting the disclosure to some
or all of the people present at a hearing of evidence given before,
or the contents of a document lodged with or received in
evidence by, the commission.
Proceedings—council and commissions Part 5
Hearings—commission Division 5.4
Section 38
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(4) In considering whether to give a direction under subsection (3), a
commission must take as the basis of its consideration the principle
that it is desirable that hearings be in public and that evidence given
before, or the contents of documents lodged with or received in
evidence by, the commission should be made available to the public
and to all people present at the hearing, but must pay due regard to
any reasons given to the commission why the hearing should be held
in private or why publication or disclosure of the evidence or the
matter contained in the document should be prohibited or restricted.
38 Person presiding
The presiding member must preside at a hearing.
39 Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing
may be decided by the commission.
40 Appearance and representation
(1) At a hearing—
(a) the judicial officer the subject of the complaint is entitled to
appear and to be represented by a lawyer; and
(b) a person summoned to attend or appearing before the
commission as a witness may be represented by a lawyer; and
(c) any other person may, with the consent of the commission,
appear and may be represented by a lawyer.
(2) In subsection (1) (b):
person includes an unincorporated association.
Part 5 Proceedings—council and commissions
Division 5.4 Hearings—commission
Section 41
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41 Presence of people at private hearing
If a hearing is being held in private, a person must not be present at
the hearing unless the person is—
(a) a member; or
(b) a member of the staff of the commission directed to be present;
or
(c) a lawyer assisting the commission; or
(d) the judicial officer the subject of the complaint; or
(e) the lawyer representing that judicial officer; or
(f) entitled under a direction under section 37 (3) (a) to be present.
42 Examination of witnesses
At a hearing—
(a) a lawyer assisting the commission; or
(b) the judicial officer the subject of the complaint or the lawyer
representing him or her; or
(c) any other person present who is permitted by the presiding
member to do so;
may, so far as the commission considers appropriate, examine or
cross-examine a witness on any matter that the commission considers
relevant to its inquiry.
Proceedings—council and commissions Part 5
Hearings—commission Division 5.4
Section 43
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43 Powers in relation to witnesses etc
(1) The presiding member of a commission, or a person authorised in
writing by the presiding member, may, by written notice given to a
person (a subpoena), require the person to appear before the
commission at a hearing, at a stated time and place, to do either or
both of the following:
(a) to give evidence;
(b) to produce a stated document or other thing relevant to the
hearing.
(2) A person is taken to have complied with a subpoena under subsection
(1) (b) if the person gives the document or other thing to the
commission before the date stated in the subpoena for its production.
(3) The presiding member of a commission may require a witness
appearing at a hearing before the commission to give evidence to do
1 or more of the following:
(a) to take an oath;
(b) to answer a question relevant to the hearing;
(c) to produce a stated document or other thing relevant to the
hearing.
Note Oath includes affirmation and take an oath includes make an affirmation
(see Legislation Act, dict, pt 1).
43A Appearance by audiovisual or audio links
(1) This section applies if, in relation to a hearing or a part of a hearing
(the relevant hearing), the commission has given a direction under
the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1)
(Territory courts may take evidence and submissions from
participating States) or section 32 (1) (Territory courts may take
evidence and submissions from another place).
Part 5 Proceedings—council and commissions
Division 5.4 Hearings—commission
Section 44
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(2) Where this section applies a person who, in a relevant hearing—
(a) is required or entitled to appear personally, whether as a party or
as a witness; or
(b) is entitled to appear for another person;
may appear in that hearing and participate or give evidence, as the
case requires, in accordance with the direction.
(3) A person who appears in a relevant hearing in accordance with this
section is taken to be before the commission.
44 Apprehension of witnesses failing to appear
(1) If a person served with a subpoena to appear before a commission as
a witness fails to appear or attend under the subpoena, the presiding
member may, on proof of the service of the subpoena, issue a warrant
for the apprehension of the person.
(2) A warrant authorises—
(a) the apprehension of the witness; and
(b) the bringing of the witness before the commission; and
(c) the detention of the witness in custody for that purpose until the
witness is released by order of the presiding member.
(3) A warrant may be executed by—
(a) a police officer; or
(b) a member of the police force of a State or another Territory; or
(c) the person to whom it is addressed.
Proceedings—council and commissions Part 5
Hearings—commission Division 5.4
Section 44
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(4) The person executing a warrant may, with such assistance, and by
such force, as is necessary and reasonable, enter any premises for the
purpose of executing the warrant.
(5) The apprehension of a witness under this section does not relieve the
witness from any liability incurred because of noncompliance by the
witness with the subpoena.
Part 6 Miscellaneous
Section 55
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Part 6 Miscellaneous
55 Application of Criminal Code, ch 7
A proceeding before the council or a commission is a legal
proceeding for the Criminal Code, chapter 7 (Administration of
justice offences).
Note That chapter includes offences (eg perjury, falsifying evidence, failing to
attend and refusing to be sworn) applying in relation to council or
commission proceedings.
56 Contempt
A person commits an offence if the person does something in the face,
or within the hearing, of the council or a commission that would be
contempt of court if the council or the commission were a court of
record.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
57 Vexatious complaints
(1) A commission may discontinue the examination of a complaint if the
commission considers that the complaint has been made vexatiously,
frivolously or without reasonable grounds.
(2) If a commission discontinues an examination under subsection (1),
section 22 applies as if the commission had completed the
examination.
Miscellaneous Part 6
Section 58
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58 Protection of Attorney-General and other officers
A person who is or has been—
(a) the Attorney-General; or
(b) a public servant; or
(c) a person acting under the direction of a member of the council
or a commission;
is not liable, personally, to an action or other proceeding for or in
relation to an act done or omitted to be done honestly in the exercise
or purported exercise of any function—given to the person in that
capacity for this Act.
59 Reimbursement of costs and expenses
(1) A witness appearing before the council or a commission is entitled to
be paid by the Territory in relation to the expenses of the attendance
of the witness an amount authorised in accordance with the Supreme
Court scale of costs.
(2) If a commission—
(a) does not conclude that the behaviour or physical or mental
capacity of a judicial officer could amount to proved
misbehaviour or incapacity such as to warrant removal from
office; or
(b) discontinues the examination of a complaint under
section 57 (1);
the judicial officer concerned is entitled to be paid by the Territory
the reasonable costs and expenses incurred by the judicial officer in
connection with his or her appearance and representation before the
commission.
Part 6 Miscellaneous
Section 60
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(3) A judicial officer is entitled to be paid by the Territory the reasonable
costs and expenses incurred by the judicial officer in connection with
an appearance and representation before the council if the council—
(a) dismisses the complaint under section 35B (Early dismissal of
complaint); or
(b) refers the complaint under section 35C (Refer complaint to head
of jurisdiction); or
(c) dismisses the complaint under section 35I (Dismissal of
complaint by council).
60 No proceeding to be brought
A proceeding for an injunction, declaration or prerogative order must
not be brought in relation to—
(a) a decision of the Executive under section 5 (1), section 17 (3) or
section 18; or
(b) a decision of a member of the Legislative Assembly to propose
a motion in accordance with section 14 (4) (a) or to give notice
of the motion to the Attorney-General in accordance with
section 14 (4) (b); or
(c) a decision of the Attorney-General under section 15 or
section 23 (3); or
(d) a resolution for the examination of a complaint in relation to a
judicial officer by a judicial commission passed by the
Legislative Assembly; or
(e) a decision or any proceedings of the council or a commission.
Miscellaneous Part 6
Section 61
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61 Reports of proceedings—protection
(1) The proceedings of a hearing before the council or a commission are
taken to be proceedings of public concern for the Civil Law (Wrongs)
Act 2002, section 139 (Defences of fair report of proceedings of
public concern).
(2) Subsection (1) does not apply in relation to the publication of a report
of proceedings, or a part of proceedings, if a direction given under
section 37 (3) restricts publication of the proceedings or part of them
and the publication of the report contravenes the direction.
61A Report of council activities
(1) The council must prepare a report each year about the work and
activities of the council in the previous year and give the report to the
Attorney-General.
(2) The report must include the following for the year:
(a) the number of complaints received by, or referred to the council;
(b) the number of complaints dismissed under section 35B (Early
dismissal of complaint);
(c) the number of complaints referred under section 35C (Refer
complaint to head of jurisdiction);
(d) the number of complaints dismissed under
section 35I (Dismissal of complaint by council);
(e) the number of complaints substantiated under
section 35J (Substantiation of complaint by council);
(f) a description, which may include statistics, of any patterns in the
nature and scope of complaints made or dealt with by the
council.
(3) The report may include recommendations for changes to legislation,
the council’s functions or related administrative matters arising from
the exercise of the council’s functions.
Part 6 Miscellaneous
Section 61B
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(4) The report must not identify any person against whom a complaint
has been made under this Act, unless the person has been the subject
of a public hearing or has been convicted of an offence connected
with the complaint.
(5) The Attorney-General must as soon as practicable after receiving the
report, table the report in the Legislative Assembly.
61B Information about complaint to be provided to
Attorney-General
(1) The council must, at the request of the Attorney-General, provide the
Attorney-General with the following information in relation to a
particular judicial officer:
(a) whether a complaint has been made, when a complaint was
made or when the matter about which a complaint was made is
alleged to have happened;
(b) the subject matter of the complaint;
(c) the stage of the procedure for dealing with a complaint that the
complaint has reached;
(d) for a complaint that has been disposed of, the way in which the
complaint was disposed of;
(e) other information the council considers relevant.
(2) However, unless a complaint has been referred to a judicial
commission, the council is not required to provide information about
the complaint against a particular judicial officer if the council
considers it is not in the public interest to provide the information.
Miscellaneous Part 6
Section 62
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62 Approved forms
(1) The Attorney-General may approve forms for this Act.
(2) If the Attorney-General approves a form for a particular purpose, the
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
63 Regulation-making power
The Executive may make regulations for this Act.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• chief police officer
• director-general (see s 163)
• Executive
• exercise
• fail
• function
• head of service
• public servant
• sitting day
• under.
approved protocol means a protocol approved under section 16A
(Protocol—complaints in relation to ACAT).
authorised person means—
(a) for an inquiry or proceeding of the council—a person declared
in writing by the head of council to be an authorised person for
this Act; and
(b) for an inquiry or proceeding of a commission—a person
declared in writing by the presiding member of the commission
to be an authorised person for this Act.
commission means—
(a) a judicial commission appointed under section 17 (3) or
section 18; and
(b) for a complaint—the commission appointed to examine the
complaint.
Dictionary
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complaint means—
(a) a complaint made under section 14; or
(b) an allegation in relation to which notice has been given to the
council under section 14.
council means the judicial council established under section 5A.
head of council—the head of council is the Chief Justice (see
section 5B (2)).
head of jurisdiction means—
(a) for a judge of the Supreme Court—the Chief Justice; or
(b) for a magistrate—the Chief Magistrate; or
(c) for a member of the ACAT—the president of the ACAT.
judge—
(a) means—
(i) a judge of the Federal Court or Family Court; or
(ii) a judge of the Supreme Court of a State or the Northern
Territory; and
(b) includes a person who is an additional judge appointed under the
Supreme Court Act 1933, section 4A.
judicial officer means—
(a) a judge of the Supreme Court, other than a person who is an
additional judge appointed under the Supreme Court Act 1933,
section 4A; or
(b) a magistrate (including coroner); or
(c) a presidential member of the ACAT.
Dictionary
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magistrate does not include a registrar.
member means—
(a) of a council—a member of the council and includes the head of
council; and
(b) of a commission—a member of the commission, and includes
the presiding member.
premises includes—
(a) a building or other structure; and
(b) an aircraft, vehicle or vessel; and
(c) a place, whether or not enclosed or built on.
president, of the ACAT—see the ACT Civil and Administrative
Tribunal Act 2008, dictionary.
presidential member, of the ACAT—see the ACT Civil and
Administrative Tribunal Act 2008, dictionary.
presiding member means the presiding member of a commission
appointed under section 6 or section 7 (3).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Judicial Commissions Act 1994 A1994-9
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
as amended by
Public Sector Management (Consequential and Transitional
Provisions) Act 1994 A1994-38 sch 1 pt 49
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 49 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Remuneration Tribunal (Consequential Amendments) Act 1997
A1997-41 sch 1 (as am by A2002-49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Custodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 7
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
pt 7 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999
A1999-22 pt 8
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 8 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Endnotes
Legislation history 3
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Justice and Community Safety Legislation Amendment Act 2000
(No 3) A2000-17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 199
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 199 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
Note This Act only amends the Remuneration Tribunal
(Consequential Amendments) Act 1997 A1997-41 .
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.46
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.46 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.30
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.30 commenced 2 June 2005 (s 2 (1))
Criminal Code (Administration of Justice Offences) Amendment Act
2005 A2005-53 sch 1 pt 1.15
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.15 commenced 23 November 2005 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.23
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.23 commenced 2 June 2006 (s 2 (1) and see Crimes
(Sentence Administration) Act 2005 A2005-59 s 2, Crimes
(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Endnotes
3 Legislation history
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Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 2 pt 2.19
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.19 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.14
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.14 commenced 16 November 2006 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2007
A2007-22 sch 1 pt 1.11
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
sch 1 pt 1.11 commenced 6 September 2007 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.32
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.32 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Justice and Community Safety Legislation Amendment Act 2010
(No 3) A2010-40 sch 2 pt 2.9
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3 commenced 6 October 2010 (s 2 (1))
sch 2 pt 2.9 commenced 2 November 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.26
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.26 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.86
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.86 commenced 1 July 2011 (s 2 (1))
Endnotes
Legislation history 3
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Judicial Commissions Amendment Act 2015 A2015-1
(as am by A2015-52 pt 10)
notified LR 25 February 2015
s 1, s 2 commenced 25 February 2015 (LA s 75 (1))
remainder commenced 1 February 2017 (s 2 (as am by A2015-52
s 28))
Courts Legislation Amendment Act 2015 A2015-10 pt 9
notified LR 7 April 2015
s 1, s 2 commenced 7 April 2015 (LA s 75 (1))
pt 9 commenced 21 April 2015 (s 2 (2))
Courts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10
notified LR 26 November 2015
s 1, s 2 commenced 26 November 2015 (LA s 75 (1))
pt 10 (s 28) commenced 10 December 2015 (s 2 (2))
Note Pt 10 (s 28) only amends the Judicial Commissions
Amendment Act 2015 A2015-1
ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)
A2016-28 sch 1 pt 1.4
notified LR 15 June 2016
s 1, s 2 commenced 15 June 2016 (LA s 75 (1))
amdt 1.7, amdt 1.8 commenced 1 February 2017 (s 2 (3) and see
A2015-1 s 2 (2) (as am by A2015-52 s 28))
sch 1 pt 1.4 remainder commenced 16 June 2016 (s 2 (1))
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.40
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.40 commenced 1 September 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 pt 10
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
pt 10 commenced 24 May 2017 (s 2 (1))
Endnotes
3 Legislation history
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Courts and Other Justice Legislation Amendment Act 2018 A2018-9
pt 10
notified LR 29 March 2018
s 1, s 2 commenced 29 March 2018 (LA s 75 (1))
pt 10 commenced 26 April 2018 (s 2)
Justice and Community Safety Legislation Amendment Act 2019
A2019-17 pt 7
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 7 commenced 21 June 2019 (s 2)
Courts and Other Justice Legislation Amendment Act 2021 A2021-13
pt 6
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
pt 6 commenced 16 June 2021 (s 2 (3))
Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.8
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.8 commenced 30 September 2023 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.102
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.102 commenced 26 December 2025 (s 2 (7))
Endnotes
Amendment history 4
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4 Amendment history
Name of Act
s 1 sub A2006-42 amdt 3.84
Dictionary
s 2 om A2001-44 amdt 1.2275
ins A2006-42 amdt 3.85
Notes
s 3 orig s 3
om A2006-42 amdt 3.85
def legal practitioner am A1997-96 sch 1
om A2006-42 amdt 3.85
def magistrate sub A2005-20 amdt 3.180
om A2006-42 amdt 3.85
pres s 3
(prev s 3A) ins A2005-53 amdt 1.78
renum as s 3 A2006-42 amdt 3.86
Offences against Act—application of Criminal Code etc
s 3A orig s 3A
renum as s 3
pres s 3A
(prev s 3B) ins A2005-53 amdt 1.78
renum as s 3A A2006-42 amdt 3.86
Offences against Act—application of Criminal Code etc
s 3B renum as s 3A
Removal of judicial officer
s 5 am A2006-42 amdt 3.87, amdt 3.88, amdts 3.116-3.118;
A2011-3 amdt 3.263, amdt 3.264
Judicial council
pt 2A hdg ins A2015-1 s 4
Establishment of council
s 5A ins A2015-1 s 4
Council—members
s 5B ins A2015-1 s 4
Appointment of members
s 5C ins A2015-1 s 4
Standing acting arrangement—members
s 5D ins A2015-1 s 4
Delegation by Chief Justice and Chief Magistrate
s 5E ins A2015-1 s 4
Endnotes
4 Amendment history
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Council—functions
s 5F ins A2015-1 s 4
Member not to exercise function in certain circumstances
s 5G ins A2015-1 s 4
Council—staff
s 5H ins A2015-1 s 4
Council—delegation
s 5I ins A2015-1 s 4
sub A2018-9 s 51
Constitution of judicial commission
s 6 sub A2006-42 amdt 3.89
Members
s 7 am A2006-42 amdt 3.90
Remuneration and allowances
s 9 om A1997-41 sch 1
Cessation
s 10 am A2006-42 amdt 3.91
Resignation
s 11 om A2006-42 amdt 3.92
Arrangements for staff
s 13 am A1994-38 sch 1 pt 49; A2011-22 amdt 1.263
sub A2016-52 amdt 1.108
Making of complaint
s 14 am A2015-1 ss 5-7; ss renum R19 LA; A2025-29 amdt 4.102
Referral of complaint to council
s 15 sub A2015-1 s 8
Council to examine complaint etc
s 16 sub A2015-1 s 8
Protocol—complaints in relation to ACAT
s 16A ins A2015-1 s 8
am A2016-28 amdt 1.7, amdt 1.8; A2025-29 amdt 4.102
Council recommendation—appointment of commission
s 17 sub A2015-1 s 8
Judicial officer excused
s 19 am A2006-42 amdts 3.93-3.95; A2011-3 amdt 3.265
Functions of officers who have been excused
s 20 am A2006-42 amdts 3.96-3.98
Endnotes
Amendment history 4
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Reports of commission
s 22 am A2006-42 amdt 3.116
Tabling reports
s 23 am A1998-54 sch; A2006-42 amdt 3.99, amdt 3.100,
amdt 3.116
Statement by judicial officer
s 24 am A2006-42 amdt 3.101, amdt 3.102, amdt 3.118
Proceedings—council and commissions
pt 5 hdg sub A2015-1 s 9
Proceedings of commissions
div 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA
Determination of question—council
s 24A ins A2015-1 s 10
Determination of question—commission
s 25 hdg sub A2015-1 s 11
Counsel assisting
s 26 am A1997-96 sch 1; A2006-42 amdt 3.117
sub A2015-1 s 12
Protection of members etc
s 27 am A2005-53 amdt 1.79; A2006-42 amdt 3.103, amdt 3.117;
A2015-1 s 13, s 14
Offence—disclosure of information by members etc
s 28 hdg sub A2015-1 s 15
s 28 am A1997-96 sch 1; A1998-54 sch; A2006-42 amdt 3.104,
amdt 3.105, amdt 3.117; A2015-1 s 16, A2021-13 s 31
Disclosure of information to Attorney-General etc
s 29 am A2006-42 amdt 3.106
sub A2015-1 s 17
Outstanding matters—commission
s 30 hdg sub A2015-1 s 18
s 30 am A2006-42 amdt 3.107
Evidence
div 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA
Procedure
s 31 am A2015-1 s 19, s 20
Privileges against self-incrimination and exposure to civil penalty
s 32 sub A2005-53 amdt 1.80
am A2015-1 s 21
Endnotes
4 Amendment history
page 58 Judicial Commissions Act 1994
Effective: 26/12/25
R25
26/12/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Powers
div 5.3 hdg (prev pt 5 div 3 hdg) renum R2 LA
div 5.3 hdg note ins A2006-42 amdt 3.108
Search warrants
s 33 am A2015-1 s 22, s 23
Inspection and retention of documents
s 34 am A2015-1 ss 24-26; ss renum R19 LA
Medical examination of judicial officer
s 35 am A2006-42 amdt 3.109
sub A2015-1 s 27
am A2018-9 s 52, s 53; ss renum R21 LA
Examinations and hearings—council
div 5.3A hdg ins A2015-1 s 28
Preliminary examination
s 35A ins A2015-1 s 28
Early dismissal of complaint
s 35B ins A2015-1 s 28
Refer complaint to head of jurisdiction
s 35C ins A2015-1 s 28
Examination of complaint by council
s 35D ins A2015-1 s 28
am A2018-9 s 54
Hearing of complaint by council
s 35E ins A2015-1 s 28
Appearance and representation
s 35F ins A2015-1 s 28
Examination of witnesses
s 35G ins A2015-1 s 28
Powers in relation to witnesses etc
s 35H ins A2015-1 s 28
Dismissal of complaint by council
s 35I ins A2015-1 s 28
am A2018-9 s 55
Substantiation of complaint by council
s 35J ins A2015-1 s 28
am A2018-9 s 56
Notifying Attorney-General about complaint
s 35JA ins A2018-9 s 57
Endnotes
Amendment history 4
R25
26/12/25
Judicial Commissions Act 1994
Effective: 26/12/25
page 59
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Extension or partial dismissal of complaint
s 35K ins A2015-1 s 28
Additional powers
s 36 om A2006-42 amdt 3.110
Hearings—commission
div 5.4 hdg (prev pt 5 div 4 hdg) renum R2 LA
sub A2015-1 s 29
Power to hold
s 37 am A2006-42 amdt 3.118
Conduct of hearing
s 39 sub A2006-42 amdt 3.111
Appearance and representation
s 40 am A2006-42 amdt 3.117
Presence of people at private hearing
s 41 hdg am A2006-42 amdt 3.118
s 41 am A1997-96 sch 1; A2006-42 amdt 3.117
Examination of witnesses
s 42 am A1997-96 sch 1; A2006-42 amdt 3.117
Powers in relation to witnesses etc
s 43 am A2001-44 amdt 1.2276
sub A2005-53 amdt 1.81
Appearance by audiovisual or audio links
s 43A ins A1999-22 s 16
am A2000-17 s 3 sch 1; A2010-40 amdt 2.15; A2018-9 s 58
Apprehension of witnesses failing to appear
s 44 am A1998-67 s 24; A2005-53 amdt 1.82; A2006-23
amdt 1.206
Obstruction of authorised persons
s 45 am A1998-54 sch
om A2004-15 amdt 2.101
Failure of witnesses to attend or produce documents
s 46 am A1998-54 sch
om A2005-53 amdt 1.83
Refusal to be sworn or give evidence
s 47 am A1998-54 sch
om A2005-53 amdt 1.83
False evidence
s 48 am A1998-54 sch
om A2005-53 amdt 1.83
Endnotes
4 Amendment history
page 60 Judicial Commissions Act 1994
Effective: 26/12/25
R25
26/12/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Improper dealings with documents
s 49 am A1998-54 sch
om A2005-53 amdt 1.83
Intimidation or dismissal of witnesses
s 50 am A1998-54 sch
om A2005-53 amdt 1.83
Preventing witnesses from attending
s 51 am A1998-54 sch
om A2005-53 amdt 1.83
Bribery of witnesses
s 52 am A1998-54 sch
om A2005-53 amdt 1.83
Fraud on witnesses
s 53 am A1998-54 sch
om A2005-53 amdt 1.83
Contempt of commission
s 54 am A1998-54 sch
om A2005-53 amdt 1.83
Miscellaneous
pt 6 hdg orig pt 6 hdg om A2005-53 amdt 1.83
(prev pt 7 hdg) renum A2005-53 amdt 1.86
Application of Criminal Code, ch 7
s 55 am A1997-96 sch 1; A1998-54 sch
om A2005-53 amdt 1.83
ins A2005-53 amdt 1.84
am A2015-1 s 30, s 31
Contempt
s 56 am A1998-54 sch
om A2005-53 amdt 1.83
ins A2005-53 amdt 1.84
sub A2015-1 s 32
Protection of Attorney-General and other officers
s 58 am A2006-42 amdt 3.112; A2015-1 s 33
Reimbursement of costs and expenses
s 59 am A2015-1 s 34, s 35
No proceeding to be brought
s 60 am A2006-40 amdt 2.114; A2015-1 ss 36-38
Reports of proceedings—protection
s 61 sub A2007-22 amdt 1.34
am A2015-1 s 39
Endnotes
Amendment history 4
R25
26/12/25
Judicial Commissions Act 1994
Effective: 26/12/25
page 61
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Report of council activities
s 61A ins A2005-53 amdt 1.85
exp 23 November 2006 (s 61A (2))
ins A2015-1 s 40
Information about complaint to be provided to Attorney-General
s 61B ins A2018-9 s 59
Approved forms
s 62 sub A2001-44 amdt 1.2277
am A2006-42 amdt 3.113, amdt 3.114; A2025-29 amdt 4.102
Regulation-making power
s 63 ins A2001-44 amdt 1.2277
am A2025-29 amdt 4.102
Miscellaneous
pt 7 hdg renum as pt 6 hdg
Dictionary
dict ins A2006-42 amdt 3.115
am A2008-36 amdt 1.365; A2011-22 amdt 1.264; A2016-52
amdt 1.109
def approved protocol ins A2015-1 s 41
def authorised person ins A2006-42 amdt 3.115
sub A2015-1 s 42
def commission ins A2006-42 amdt 3.115
am A2015-1 s 43
def complaint ins A2006-42 amdt 3.115
am A2015-1 s 44
sub A2017-14 s 26
def council ins A2015-1 s 45
def general president ins A2008-36 amdt 1.366
om A2016-28 amdt 1.9
def head of council ins A2015-1 s 45
def head of jurisdiction ins A2006-42 amdt 3.115
am A2008-36 amdt 1.367; A2015-10 s 30; A2016-28
amdt 1.10; A2023-37 amdt 1.13
def judge ins A2006-42 amdt 3.115
def judicial officer ins A2006-42 amdt 3.115
am A2008-36 amdt 1.368; A2015-10 s 30; A2019-17 s 20;
A2023-37 amdt 1.14; pars renum R24 LA
def magistrate ins A2006-42 amdt 3.115
def member ins A2006-42 amdt 3.115
sub A2015-1 s 46
def premises ins A2006-42 amdt 3.115
def president ins A2016-28 amdt 1.11
def presidential member ins A2008-36 amdt 1.369
def presiding member ins A2006-42 amdt 3.115
Endnotes
5 Earlier republications
page 62 Judicial Commissions Act 1994
Effective: 26/12/25
R25
26/12/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk () in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A1998-67 28 February 1999
2 A2001-44 13 February 2002
2 (RI) A2001-44 † 11 February 2003
3 A2004-15 9 April 2004
4 A2005-20 2 June 2005
5 A2005-53 23 November 2005
6 A2006-23 2 June 2006
7 A2006-40 29 September 2006
8 A2006-42 16 November 2006
9 A2006-42 24 November 2006
10 A2007-22 6 September 2007
11 A2008-36 2 February 2009
12 A2010-40 2 November 2010
13 A2011-3 1 March 2011
14 A2011-22 1 July 2011
15 A2015-10 21 April 2015
16 A2015-10 10 December 2015
17 A2016-28 16 June 2016
18 A2016-52 1 September 2016
19 A2016-52 1 February 2017
20 A2017-14 24 May 2017
21 A2018-9 26 April 2018