39EAction following preliminary examination

#### 39E Action following preliminary examination 39E Action following preliminary examination > > (1) Following its preliminary examination in relation to a formal request, the Commission— > > > > > (a) if of the opinion that, having regard to the results of a medical or psychological examination, the judicial officer may have an impairment that affects his or her performance of judicial or official duties— > > > > > > > (i) may refer the matter to the Conduct Division, or > > > > > > > (ii) may refer the matter back to the relevant head of jurisdiction, > > > > > > together with a report that sets out the results of the medical or psychological examination, or > > > > > (b) in any other case, must summarily dismiss the request. > > > (2) In any case, the Commission must cause notice of its action to be given to the relevant head of jurisdiction. > > > (3) If a matter is referred back to the relevant head of jurisdiction under subsection (1) (a) (ii), the reference may include recommendations as to what steps might be taken to deal with any impairment disclosed by the Commission’s examination of the matter. > > **pt 6A (ss 39A–39G):** Ins 2006 No 34, Sch 1 \[18\].