32Conduct connected with courts or Commonwealth tribunals

32 Conduct connected with courts or Commonwealth tribunals

(1) Despite section 29, conduct is not disclosable conduct if it is: (a) conduct of a judicial officer; or (b) conduct of: (i) the chief executive officer of a court; or (ii) a member of the staff of the chief executive officer of a court; when exercising a power of the court, performing a function of a judicial nature or exercising a power of a judicial nature; or (c) conduct of: (i) a member of a Commonwealth tribunal; or (ii) the chief executive officer of a Commonwealth tribunal; or (iii) a member of the staff of the chief executive officer of a Commonwealth tribunal; when exercising a power of the Commonwealth tribunal; or (d) any other conduct of, or relating to, a court or Commonwealth tribunal, unless the conduct: (i) is of an administrative nature; and (ii) does not relate to the management or hearing of matters before the court or tribunal. (2) Judicial officer means: (a) a Justice of the High Court; or (b) a Judge or Justice of a court created by the Parliament; or (c) a Judge, Justice or Magistrate of a court of a State or Territory. (3) Member of the staff of the chief executive officer of a court or Commonwealth tribunal means: (a) an officer of the court or Commonwealth tribunal (other than the chief executive officer); or (b) a member of the staff of the registry or registries of the court or Commonwealth tribunal; or (c) an officer or employee of an agency whose services are made available to the court or Commonwealth tribunal; or (d) a person prescribed by the PID rules to be a member of the staff of the court or Commonwealth tribunal for the purposes of this Act.

Note: For declaration by class, see subsection 13(3) of the Legislation Act 2003.

(4) For the purposes of subsection (3): (a) a judicial officer of a court is not taken to be an officer of the court; and (b) a member of a Commonwealth tribunal is not taken to be an officer of the tribunal; and (c) if a statutory officeholder is a Commonwealth tribunal—the statutory officeholder is not taken to be an officer of the tribunal.