31Council to appoint judicial commissions in respect of complaints

31 Council to appoint judicial commissions in respect of complaints

(1)  If the council is satisfied on reasonable grounds that there are reasonable prospects of a complaint being wholly or partly substantiated and the complaint is of a nature that might justify the removal of the relevant judicial officer from office, the council must –

(a) appoint a judicial commission to examine the complaint; and

(b) give the Attorney-General the report mentioned in section 42 .

(2)  For the purposes of determining, under subsection (1) , whether a complaint might justify the removal of the relevant judicial officer from office, the council may take into account one or more of the following:

(a) any relevant codes of conduct that may apply to the judicial office, whether that code of conduct applies in this jurisdiction or another jurisdiction;

(b) any relevant directions given by the relevant head of jurisdiction in respect of the judicial officer;

(c) any prescribed codes, guidelines, directions or other similar instruments or documents;

(d) any other matter, instrument or document that the council considers appropriate.

(3)  As soon as practicable after being notified under section 28 that both Houses of Parliament have passed a resolution for a judicial commission to be appointed in respect of a judicial officer, the council is to appoint a judicial commission to examine the judicial officer.

(4)  The council must also give written notice of the intention of the council to appoint a judicial commission, under subsection (1)(a) or subsection (3) , to –

(a) the complainant, or the member of Parliament who raised the matter to which a resolution under section 28 relates, as the case requires; and

(b) the relevant judicial officer; and

(c) if the relevant judicial officer is not a head of jurisdiction – the relevant head of jurisdiction in respect of the judicial officer.