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Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
20Natural justice
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#### 20 Natural justice
(1) A Commission must act in accordance with the rules of natural justice.
(2) Without limiting subsection (1), if an allegation of misbehaviour or incapacity is being investigated by a Commission in relation to a Commonwealth judicial officer:
(a) the Commission must:
(i) give the Commonwealth judicial officer particulars of the allegation being investigated as soon as practicable; and
(ii) offer the Commonwealth judicial officer a reasonable opportunity to make an oral or written statement to the Commission; and
(b) the Commission must offer the Commonwealth judicial officer reasonable access to any documents or other things (including documents, or other things, seized under a search warrant) received by, produced before, delivered to, or otherwise acquired by, the Commission for the purposes of the investigation; and
(c) if the Commonwealth judicial officer does not attend, or appear at, a hearing of the Commission, or otherwise give evidence to the Commission—the Commission must not draw any inferences adverse to the Commonwealth judicial officer from that fact; and
(d) before the Commission gives a report under subsection 48(1) or (6), the Commission must:
(i) give the Commonwealth judicial officer a draft of the report; and
(ii) give the Commonwealth judicial officer a reasonable opportunity to give comments to the Commission on the draft report; and
(iii) consider any timely comments that the Commonwealth judicial officer makes to the Commission on the draft report.