28Substantiation of complaint

28 Substantiation of complaint

28 Substantiation of complaint

(1) If the Conduct Division decides that a complaint is wholly or partly substantiated—

(a) it may form an opinion that the matter could justify parliamentary consideration of the removal of the judicial officer complained about from office, or

(b) it may form an opinion that the matter does not justify such consideration and should therefore be referred back to the relevant head of jurisdiction.

(2) If it forms an opinion referred to in subsection (1) (b), the Conduct Division must send a report to the relevant head of jurisdiction setting out the Division’s conclusions.

(3) A report under subsection (2) may include recommendations as to what steps might be taken to deal with the complaint.

(4) A copy of a report under subsection (2) must also be given to the Commission.

(5) The Commission must give a copy of the report to the judicial officer concerned.

(6) The Commission may give a copy of the report (or a summary of the report) to the complainant unless the Conduct Division has notified the Commission in writing that this should not occur.

s 28: Subst 2006 No 34, Sch 1 [12]. Am 2014 No 14, Sch 3.3 [2].