42Council to report on certain actions

42 Council to report on certain actions

(1)  This section applies to the following actions of the council:

(a) the appointment of a commission under section 31 ;

(b) the referral of a complaint to the relevant head of jurisdiction under section 37 .

(2)  After taking an action referred to in subsection (1) in respect of a complaint, the council must –

(a) prepare a report on –

(i) its examination of the complaint; and

(ii) the action referred to in subsection (1) taken by the council in respect of the complaint; and

(iii) if the council did not notify the relevant judicial officer of the complaint in accordance with section 35(6) , the reasons for not notifying the judicial officer of the complaint; and

(b) if subsection (1)(a) applies, give the report to –

(i) the Minister; and

(ii) the relevant judicial officer; and

(iii) if the relevant judicial officer is not the relevant head of jurisdiction – the relevant head of jurisdiction in respect of the judicial officer; and

(c) if subsection (1)(b) applies, give the report to –

(i) the relevant judicial officer; and

(ii) the relevant head of jurisdiction.

(3)  A report under subsection (2)(a) must –

(a) set out the council’s reasons for taking the relevant action under subsection (1) in respect of the complaint; and

(b) set out the council’s findings on material questions of fact, if any; and