Australian Capital Territory
Judicial Commissions Act 1994    
A1994-9
Republication No 9
Effective:  24 November 2006 – 5 September 2007
Republication date: 24 November 2006
Last amendment made by A2006-42
(republication for commenced expiry)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Judicial Commissions Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 November 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 24 November 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Judicial Commissions Act 1994

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Offences against Act—application of Criminal Code etc	2
Part 2	Tenure of judicial office
	4	Tenure	3
	5	Removal of judicial officer	3
Part 3	Judicial commissions
	6	Constitution of judicial commission	5
	7	Members	5
	8	Terms and conditions of appointment	5
	10	Cessation	6
	12	Termination of appointment	6
	13	Staff	6
Part 4	Complaints against judicial officers
	14	Making of complaint	7
	15	Attorney-General to inform judicial officer	8
	16	Request by Attorney-General	8
	17	Attorney-General may decline to act on complaint	9
	18	Resolution by Legislative Assembly	9
	19	Judicial officer excused	10
	20	Functions of officers who have been excused	10
	21	Examination of complaint by commission	11
	22	Reports of commission	11
	23	Tabling reports	13
	24	Statement by judicial officer	14
Part 5	Proceedings of commissions
Division 5.1	General
	25	Determination of questions	15
	26	Counsel assisting commission	15
	27	Protection of members etc	15
	28	Nondisclosure of information by members	16
	29	Disclosure of information by commission	16
	30	Outstanding matters	17
Division 5.2	Evidence
	31	Procedure	17
	32	Privileges against selfincrimination and exposure to civil penalty	18
Division 5.3	Powers
	33	Search warrants	19
	34	Inspection and retention of documents	20
	35	Medical examination of judicial officer	21
Division 5.4	Hearings
	37	Power to hold	22
	38	Person presiding	23
	39	Conduct of hearing	23
	40	Appearance and representation	23
	41	Presence of people at private hearing	23
	42	Examination of witnesses	24
	43	Powers in relation to witnesses etc	24
	43A	Appearance by audiovisual or audio links	25
	44	Apprehension of witnesses failing to appear	26
Part 6	Miscellaneous
	55	Application of Criminal Code, ch 7	27
	56	Contempt of commission	27
	57	Vexatious complaints	27
	58	Protection of Attorney-General and other officers	27
	59	Reimbursement of costs and expenses	28
	60	No proceeding to be brought	28
	61	Publication of proceedings protected	29
	62	Approved forms	29
	63	Regulation-making power	29
Dictionary		30
Endnotes
	1	About the endnotes	32
	2	Abbreviation key	32
	3	Legislation history	33
	4	Amendment history	35
	5	Earlier republications	39

Australian Capital Territory
Judicial Commissions Act 1994

An Act to provide for the examination of complaints in relation to judicial officers, to provide for their removal from office in certain circumstances, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Judicial Commissions Act 1994.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to an offence against this Act, pt 6 (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Tenure of judicial office
    
4	Tenure
A judicial officer must not be removed from office except in accordance with this Act. 
5	Removal of judicial officer
	(1)	If the Legislative Assembly passes, in the appropriate manner, a resolution requiring the Executive to remove a judicial officer from office on the ground of misbehaviour or physical or mental incapacity, the Executive must, by instrument, remove the judicial officer from the office. 
	(2)	For subsection (1), a resolution of the Legislative Assembly is taken to have been passed in the appropriate manner if it is passed—
	(a)	pursuant to a motion of which notice was given after completion of the formal process; and
	(b)	within 15 sitting days after the Attorney-General has presented to the Legislative Assembly the report of the commission appointed to examine the complaint in respect of the judicial officer; and
	(c)	by a majority of the votes of the members of the Legislative Assembly present and voting. 
	(3)	For subsection (2), the formal process shall be taken to have been completed where—
	(a)	the commission has submitted to the Attorney-General in accordance with section 22 a report of its examination of the complaint in which it concludes that the behaviour or physical or mental capacity of the judicial officer concerned could amount to proved misbehaviour or incapacity such as to warrant removal from office and the Attorney-General has presented a copy of the report to the Legislative Assembly in accordance with section 23; and
	(b)	following the submission of the report—
	(i)	the judicial officer has delivered to the Attorney-General in accordance with section 24 (1) and (3) a statement relating to the report and the Attorney-General has presented the statement to the Legislative Assembly in accordance with section 24 (4); or 
	(ii)	the period for delivering such a statement has expired and no such statement has been delivered by the judicial officer to the Attorney-General; and
	(c)	the judicial officer has been given a reasonable opportunity by the Legislative Assembly to address the Assembly (whether in person or by a lawyer on the judicial officer’s behalf) in relation to any matter relating to the commission’s findings or conclusion; and 
	(d)	the Legislative Assembly has determined that the findings by the commission amount to misbehaviour or physical or mental incapacity identified by the commission.
	(4)	An address to the Assembly in accordance with subsection (3) (c) must not contain any references to people or things that are inconsistent with the commission’s reasons for submitting a separate report (if any) in accordance with section 22 (3).

Part 3	Judicial commissions
    
6	Constitution of judicial commission
A judicial commission must consist of a presiding member and 2 other members appointed by the Executive.
Note	For the making of appointments, see the Legislation Act, pt 19.3. 
7	Members
	(1)	A person must not be appointed as a member—
	(a)	unless the person is or has been a judge; or
	(b)	unless the person has been a judge of the Supreme Court or justice of the High Court; or
	(c)	if the person is an acting judge appointed under the Supreme Court Act 1933, section 4B.
	(2)	If a member dies, resigns or is removed from office under section 12—
	(a)	the remaining members constitute the commission; and
	(b)	this Act has effect as if section 6 referred to 1 other member.
	(3)	If the presiding member dies, resigns or is removed from office under section 12, the Executive must, in writing, appoint 1 of the remaining members to be the presiding member.
8	Terms and conditions of appointment
A member holds office on such terms and conditions in relation to matters not provided for by this Act as are determined in writing by the Executive. 
10	Cessation
A member ceases to hold office as a member—
	(a)	when the commission’s report of its examination of the complaint has been submitted to the Attorney-General in accordance with section 22; or
	(b)	if section 30 applies—when the commission notifies the Attorney-General in accordance with that section that any outstanding matters have been finalised.
Note	A commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).
12	Termination of appointment
The Executive may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
13	Staff
	(1)	The staff of a commission must be public servants made available to the commission by the chief executive.
	(2)	While a public servant is performing services for a commission, he or she must perform those services in accordance with the directions of a member, and not otherwise.

Part 4	Complaints against judicial officers 
    
14	Making of complaint
	(1)	A person may complain to the Attorney-General about a matter that relates or may relate to the behaviour or physical or mental capacity of a judicial officer. 
	(2)	A complaint must—
	(a)	be in writing; and
	(b)	state the name and address of the complainant; and
	(c)	identify the judicial officer concerned; and
	(d)	contain full particulars of the matter the subject of the complaint.
	(3)	A member of the Legislative Assembly must not raise in the Assembly a matter that relates or may relate to the behaviour or physical or mental capacity of a judicial officer—
	(a)	except by way of a motion to have a specific allegation made in precise terms in relation to the judicial officer examined by a judicial commission; and
	(b)	unless the member has given to the Attorney-General not less than 5 sitting days notice of the motion and the member has not been notified by the Attorney-General within that period in accordance with section 16 (2) that the Executive has been requested to appoint a commission to examine the allegation. 
15	Attorney-General to inform judicial officer
The Attorney-General must, as soon as practicable after receiving a complaint (other than a complaint to which section 17 (1) applies), inform—
	(a)	the judicial officer the subject of the complaint; and
	(b)	if the judicial officer is not a head of jurisdiction—the relevant head of jurisdiction;
of the nature of the complaint.
16	Request by Attorney-General
	(1)	If, after receiving a complaint, the Attorney-General is satisfied on reasonable grounds that the complaint could, if substantiated, justify consideration by the Legislative Assembly of a resolution requiring the removal from office of the judicial officer the subject of the complaint, the Attorney-General must, in writing, request the Executive to appoint a judicial commission to examine the complaint. 
	(2)	The Attorney-General must notify—
	(a)	the complainant or the member of the Legislative Assembly (as the case requires); and
	(b)	the judicial officer; and
	(c)	if the judicial officer is not a head of jurisdiction—the relevant head of jurisdiction;
in writing of whether or not the Executive has been requested to appoint a commission to examine the complaint. 
	(3)	If the Executive receives a request from the Attorney-General in accordance with subsection (1), the Executive must appoint a judicial commission to examine the complaint and to submit to the Attorney-General a report of its examination within the period specified by the Executive or within such further period as the Executive, by notice in writing, allows.
17	Attorney-General may decline to act on complaint
	(1)	The Attorney-General may decline to take any action under this Act in relation to a complaint if the Attorney-General considers—
	(a)	that the complaint has been made vexatiously, frivolously or without reasonable grounds; or
	(b)	that the complainant has not included in the complaint, or the member of the Legislative Assembly has not included in the notice, sufficient relevant detail in respect of the matter the subject of the complaint; or
	(c)	that, even if the matter complained of were proved, it could not amount to misbehaviour or incapacity such as to warrant removal of the judicial officer.
	(2)	Where the Attorney-General declines to take any action in relation to a complaint for a reason specified in subsection (1), the 
Attorney-General must advise the complainant or the member of the Legislative Assembly (as the case may be) accordingly.
18	Resolution by Legislative Assembly
If the Legislative Assembly passes a resolution for the examination of a complaint in relation to a judicial officer by a judicial commission, the Executive must appoint a judicial commission to examine the complaint and to submit to the Attorney-General a report of its examination within the period specified by the Executive or within such further period as the Executive, by notice in writing, allows. 
19	Judicial officer excused
	(1)	When a commission is appointed to examine a complaint, the judicial officer concerned is, by force of this section, excused from exercising any function connected with the relevant judicial office.
	(2)	A judicial officer who has been excused shall not resume the exercise of any such function unless—
	(a)	the commission has submitted to the Attorney-General in accordance with section 22 a report of its examination of the complaint in which it does not conclude that the behaviour or physical or mental capacity of the judicial officer could amount to proved misbehaviour or incapacity such as to warrant removal from office; or
	(b)	a motion in the Legislative Assembly to require the removal from office of the judicial officer is withdrawn or is not called on within 5 sitting days after the Attorney-General has presented the commission’s report to the Legislative Assembly in accordance with section 23; or
	(c)	such a motion, having been called on before the Legislative Assembly within the period referred to in paragraph (b), is resolved in the negative. 
	(3)	A judicial officer who has been excused from office is entitled to be paid remuneration and allowances as a judicial officer for that office while excused. 
20	Functions of officers who have been excused
	(1)	Subject to this section, a judicial officer who has been excused must not, while excused, exercise any function connected with the relevant judicial office.
	(2)	The Executive may, by instrument, authorise a judicial officer who has been excused to exercise such functions as are necessary for the purpose of completing a specified matter or class of matters.
	(3)	If a judicial officer who has been excused exercises a function connected with the relevant judicial office, the function is taken to have been exercised as validly and effectively as if the judicial officer had not been excused.
21	Examination of complaint by commission
	(1)	A commission must, as soon as practicable after being appointed to examine a complaint, conduct an examination of the complaint.
	(2)	In conducting the examination, the commission—
	(a)	must consider only specific allegations made in precise terms; and
	(b)	must not consider a matter arising before the appointment of the judicial officer concerned to the relevant office unless the commission considers it necessary and desirable to do so for the full and proper examination of the complaint; and
	(c)	may initiate such inquiries into the subject matter of the complaint as the commission considers appropriate.
	(3)	Except as otherwise provided by this Act, an examination or inquiry must be conducted in such manner as the commission determines.
22	Reports of commission
	(1)	After completing an examination of a complaint, a commission must—
	(a)	prepare a report of its examination; and
	(b)	submit the report to the Attorney-General.
	(2)	A report must—
	(a)	set out the commission’s findings on material questions of fact; and
	(b)	refer to the evidence or other material on which those findings were based; and
	(c)	set out the commission’s conclusion as to whether or not the behaviour or physical or mental capacity of the judicial officer concerned could amount to proved misbehaviour or incapacity such as to warrant his or her removal from office.
	(3)	If a commission is of the opinion that, if any of its findings, or any of the evidence given before the commission, in relation to a person (other than the judicial officer the subject of the complaint) were to be presented to the Legislative Assembly—
	(a)	a person who has been or may be charged with an offence may not receive a fair trial for the offence; or
	(b)	the conduct of an investigation of a breach or possible breach of the law may be prejudiced; or
	(c)	the existence or identity of a confidential source of information in relation to the enforcement or administration of the law may be disclosed or a person enabled to ascertain the existence or identity of that source; or
	(d)	there may be prejudice to the safety or reputation of a person;
the commission may include those findings or that evidence in a separate report and submit the report to the Attorney-General, together with—
	(e)	a statement of its opinion; and
	(f)	a recommendation that the report not be presented to the Legislative Assembly.
	(4)	When submitting a report to the Attorney-General, a commission must commit any documents or things (except documents or things required for the purpose of finalising matters under section 30) then in its possession to the custody of the Attorney-General for safekeeping.
	(5)	The Attorney-General must accept a recommendation referred to in subsection (3) (f) unless he or she is satisfied that there are compelling reasons of public policy why the relevant report should be presented to the Legislative Assembly.
23	Tabling reports
	(1)	The Attorney-General must, as soon as practicable after receiving a report submitted by a commission (other than a report in relation to which he or she has accepted a recommendation referred to in section 22 (3) (f)), present a copy of the report to the Legislative Assembly.
	(2)	The Attorney-General must, on presenting a copy of the report to the Legislative Assembly, give a copy of that report to—
	(a)	the judicial officer the subject of the complaint; and
	(b)	if the judicial officer is not a head of jurisdiction—the relevant head of jurisdiction.
	(3)	The Attorney-General may also give to the judicial officer the subject of a complaint a copy of a report in accordance with section 22 (3) in relation to which the Attorney-General has accepted a recommendation referred to in section 22 (3) (f) if the Attorney-General considers it appropriate to do so.
	(4)	The Attorney-General need not inquire whether a condition precedent has been satisfied in relation to a report purporting to have been prepared and submitted in accordance with this Act.
	(5)	A person who publishes a report or part of a report that has not been presented to the Legislative Assembly by the Attorney-General commits an offence.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
24	Statement by judicial officer
	(1)	Where a commission submits to the Attorney-General a report of its examination of a complaint in relation to a judicial officer, the judicial officer may deliver to the Attorney-General a written statement containing particulars of any matter relating to the commission’s findings.
	(2)	A statement relating to a report must not contain any references to people or things that are inconsistent with the commission’s reasons for submitting a separate report (if any) in accordance with section 22 (3).
	(3)	A statement relating to a report must be delivered to the Attorney-General—
	(a)	if the Legislative Assembly has, by resolution, fixed a period longer than 14 days after the Attorney-General has presented the report to the Assembly—within the period so fixed; or
	(b)	if paragraph (a) does not apply—within 14 days after the Attorney-General has presented the report to the Assembly.
	(4)	The Attorney-General must, as soon as practicable after receiving a statement under subsection (1), present a copy of the statement to the Legislative Assembly.

Part 5	Proceedings of commissions
Division 5.1	General
25	Determination of questions
	(1)	A question arising before a commission must be decided—
	(a)	if the commission is constituted by 3 members—in accordance with the opinion of a majority of the members; or
	(b)	if the commission is constituted by 2 members and those members are divided in opinion—in accordance with the opinion of the presiding member.
	(2)	If, in relation to a question arising before a commission, the members are not unanimous in opinion, there must, if a member so requires, be recorded in the report of the commission particulars of the opinions of the members on that question.
26	Counsel assisting commission
A commission may appoint a lawyer to assist the commission, either generally or in relation to a particular matter.
27	Protection of members etc
	(1)	A member has, in the exercise of any function as a member in relation to an examination, the same protection and immunity as a judge of the Supreme Court in proceedings in that Court.
	(2)	A lawyer assisting a commission or appearing on a person’s behalf at a hearing before a commission has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court.
	(3)	Subject to this Act, a person subpoened to attend or appearing before a commission as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court.
28	Nondisclosure of information by members
	(1)	This section applies to—
	(a)	a person who is or has been—
	(i)	a member; or
	(ii)	a member of the staff of a commission; or
	(iii)	a lawyer assisting a commission; and
	(b)	any other person who has or has had access to information by virtue of that person’s office or employment under or for this Act.
	(2)	A person to whom this section applies must not, either directly or indirectly, except in the exercise of a function under or for this Act—
	(a)	make a record of, or divulge or communicate to any person, any information acquired by the firstmentioned person by virtue of that person’s office or employment under or for this Act; or
	(b)	make use of any such information; or
	(c)	produce to any person, or permit any person to have access to, a document provided for this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
29	Disclosure of information by commission
If, in the course of an examination, a commission obtains information that relates or may relate to the commission of an offence, or evidence of the commission of an offence against a law of the Territory, the Commonwealth, a State or another Territory, the commission may, if in its opinion it is appropriate to do so, communicate the information or give the evidence to—
	(a)	the Attorney-General or the appropriate Minister of State for the Commonwealth, a State or that other Territory; or
	(b)	the chief police officer.
30	Outstanding matters
	(1)	If—
	(a)	a commission has submitted its report in accordance with section 22; and
	(b)	there are any outstanding matters connected with the exercise by the commission of its functions under this Act;
the commission must—
	(c)	notify the Attorney-General that there are outstanding matters; and
	(d)	for such time as is necessary, continue to exercise its powers under this Act for the purpose of finalising those matters.
	(2)	When any outstanding matters have been finalised, the commission must—
	(a)	notify the Attorney-General accordingly; and
	(b)	commit any documents or things still in its possession to the custody of the Attorney-General for safekeeping.
Division 5.2	Evidence
31	Procedure
In conducting its proceedings, a commission—
	(a)	is not bound by the rules of evidence but may inform itself of any matter in such manner as it considers appropriate; and
	(b)	may do whatever the commission considers necessary or expedient for the fair and expeditious conduct of the examination of the complaint.
32	Privileges against selfincrimination and exposure to civil penalty
	(1)	This section applies if a person is required under section 43 (1) or (3) to—
	(a)	produce a document or other thing; or
	(b)	answer a question.
	(2)	The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question.
Note	The Legislation Act, s 171 deals with client legal privilege.
	(3)	However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—
	(a)	an offence in relation to the falsity or the misleading nature of the answer, document or information; or
	(b)	an offence against the Criminal Code, chapter 7 (Administration of justice offences).

Division 5.3	Powers
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
33	Search warrants
	(1)	The presiding member may issue a search warrant if—
	(a)	the presiding member has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the commission is inquiring (thing of the relevant kind); and
	(b)	the presiding member believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of.
	(2)	A search warrant must authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable— 
	(a)	to enter the premises; and
	(b)	to search the premises for things of the relevant kind; and
	(c)	to seize any things of the relevant kind found in or on the premises; and 
	(d)	to deliver anything so seized to the commission. 
	(3)	A search warrant must—
	(a)	state the purpose for which it is issued; and
	(b)	specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and
	(c)	include a description of the kind of things in relation to which the powers under the warrant may be exercised; and 
	(d)	specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. 
	(4)	A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified for subsection (3) (d). 
	(5)	If, in the course of searching under a search warrant for a thing of a relevant kind—
	(a)	the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the commission is inquiring, although not of a kind specified in the warrant; and
	(b)	the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of; 
the person may seize that thing and must deliver the thing so seized to the commission. 
	(6)	A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant. 
	(7)	A reference in subsection (1) to the presiding member includes a reference to a member authorised by the presiding member to act under that subsection. 
34	Inspection and retention of documents
	(1)	A commission, a member, a member of the staff of a commission or an authorised person may—
	(a)	inspect a document or other thing produced before, or delivered to, the commission; and
	(b)	retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and
	(c)	in the case of a document produced before, or delivered to, the commission—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry.
	(2)	Where a document is retained under subsection (1) (b)—
	(a)	the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and
	(b)	until the certified copy is supplied, the commission must, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
	(3)	If the retention of a document or other thing by a commission ceases to be necessary for the purposes of an inquiry, the commission must, if a person who appears to the commission to be entitled to the document or thing so requests, cause the document or thing to be delivered to the person.
35	Medical examination of judicial officer
	(1)	If, in the course of examining a complaint, a commission forms the opinion, on reasonable grounds, that the judicial officer concerned may be physically or mentally unfit to exercise efficiently the functions of his or her office, the commission may request the judicial officer to undergo such medical examination as the commission specifies.
	(2)	If the judicial officer fails to comply with the commission’s request, the commission must include in its report under section 22 a statement to that effect.
Division 5.4	Hearings
37	Power to hold
	(1)	For the purposes of conducting an inquiry, a commission may hold hearings.
	(2)	Subject to subsection (3), a hearing must be in public.
	(3)	If a commission is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter, or for any other reason, the commission may—
	(a)	direct that a hearing or part of a hearing must take place in private and give directions as to the people who may be present; and
	(b)	give directions prohibiting or restricting the publication of evidence given at a hearing (whether in public or private) or of matters contained in documents lodged with, or received in evidence by, the commission; and
	(c)	give directions prohibiting or restricting the disclosure to some or all of the people present at a hearing of evidence given before, or the contents of a document lodged with or received in evidence by, the commission.
	(4)	In considering whether to give a direction under subsection (3), a commission must take as the basis of its consideration the principle that it is desirable that hearings be in public and that evidence given before, or the contents of documents lodged with or received in evidence by, the commission should be made available to the public and to all people present at the hearing, but must pay due regard to any reasons given to the commission why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.
38	Person presiding
The presiding member must preside at a hearing.
39	Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.
40	Appearance and representation
	(1)	At a hearing—
	(a)	the judicial officer the subject of the complaint is entitled to appear and to be represented by a lawyer; and
	(b)	a person summoned to attend or appearing before the commission as a witness may be represented by a lawyer; and
	(c)	any other person may, with the consent of the commission, appear and may be represented by a lawyer.
	(2)	In subsection (1) (b):
person includes an unincorporated association.
41	Presence of people at private hearing
If a hearing is being held in private, a person must not be present at the hearing unless the person is—
	(a)	a member; or
	(b)	a member of the staff of the commission directed to be present; or
	(c)	a lawyer assisting the commission; or
	(d)	the judicial officer the subject of the complaint; or
	(e)	the lawyer representing that judicial officer; or
	(f)	entitled under a direction under section 37 (3) (a) to be present.
42	Examination of witnesses
At a hearing—
	(a)	a lawyer assisting the commission; or
	(b)	the judicial officer the subject of the complaint or the lawyer representing him or her; or
	(c)	any other person present who is permitted by the presiding member to do so;
may, so far as the commission considers appropriate, examine or 
cross-examine a witness on any matter that the commission considers relevant to its inquiry.
43	Powers in relation to witnesses etc
	(1)	The presiding member of a commission, or a person authorised in writing by the presiding member, may, by written notice given to a person (a subpoena), require the person to appear before the commission at a hearing, at a stated time and place, to do either or both of the following:
	(a)	to give evidence;
	(b)	to produce a stated document or other thing relevant to the hearing.
	(2)	A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the commission before the date stated in the subpoena for its production.
	(3)	The presiding member of a commission may require a witness appearing at a hearing before the commission to give evidence to do 1 or more of the following:
	(a)	to take an oath;
	(b)	to answer a question relevant to the hearing; 
	(c)	to produce a stated document or other thing relevant to the hearing.
Note	Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
43A	Appearance by audiovisual or audio links
	(1)	This section applies if, in relation to a hearing or a part of a hearing (the relevant hearing), the commission has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 18 (1) or section 30 (1).
	(2)	Where this section applies a person who, in a relevant hearing—
	(a)	is required or entitled to appear personally, whether as a party or as a witness; or
	(b)	is entitled to appear for another person;
may appear in that hearing and participate or give evidence, as the case requires, in accordance with the direction.
	(3)	A person who appears in a relevant hearing in accordance with this section is taken to be before the commission.
44	Apprehension of witnesses failing to appear
	(1)	If a person served with a subpoena to appear before a commission as a witness fails to appear or attend under the subpoena, the presiding member may, on proof of the service of the subpoena, issue a warrant for the apprehension of the person.
	(2)	A warrant authorises—
	(a)	the apprehension of the witness; and
	(b)	the bringing of the witness before the commission; and
	(c)	the detention of the witness in custody for that purpose until the witness is released by order of the presiding member.
	(3)	A warrant may be executed by—
	(a)	a police officer; or
	(b)	a member of the police force of a State or another Territory; or
	(c)	the person to whom it is addressed.
	(4)	The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant.
	(5)	The apprehension of a witness under this section does not relieve the witness from any liability incurred because of noncompliance by the witness with the subpoena.

Part 6	Miscellaneous
    
55	Application of Criminal Code, ch 7
A proceeding before a commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).
Note	That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission proceedings.
56	Contempt of commission
A person commits an offence if the person does something in the face, or within the hearing, of a commission that would be contempt of court if the commission were a court of record.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
57	Vexatious complaints
	(1)	A commission may discontinue the examination of a complaint if the commission considers that the complaint has been made vexatiously, frivolously or without reasonable grounds. 
	(2)	If a commission discontinues an examination under subsection (1), section 22 applies as if the commission had completed the examination. 
58	Protection of Attorney-General and other officers
A person who is or has been—
	(a)	the Attorney-General; or
	(b)	a public servant; or
	(c)	a person acting under the direction of a member;
is not liable, personally, to an action or other proceeding for or in relation to an act done or omitted to be done honestly in the exercise or purported exercise of any function—given to the person in that capacity for this Act. 
59	Reimbursement of costs and expenses 
	(1)	A witness appearing before a commission is entitled to be paid by the Territory in relation to the expenses of the attendance of the witness an amount authorised in accordance with the Supreme Court scale of costs. 
	(2)	If a commission—
	(a)	does not conclude that the behaviour or physical or mental capacity of a judicial officer could amount to proved misbehaviour or incapacity such as to warrant removal from office; or
	(b)	discontinues the examination of a complaint under section 57 (1);
the judicial officer concerned is entitled to be paid by the Territory the reasonable costs and expenses incurred by the judicial officer in connection with his or her appearance and representation before the commission. 
60	No proceeding to be brought
A proceeding for an injunction, declaration or prerogative order must not be brought in relation to—
	(a)	a decision of the Executive under section 5 (1), section 16 (3) or section 18; or
	(b)	a decision of a member of the Legislative Assembly to propose a motion in accordance with section 14 (3) (a) or to give notice of the motion to the Attorney-General in accordance with section 14 (3) (b); or
	(c)	a decision of the Attorney-General under section 16 (1), section 17 (1) or section 23 (3); or
	(d)	a resolution for the examination of a complaint in relation to a judicial officer by a judicial commission passed by the Legislative Assembly; or
	(e)	the proceedings of a commission. 
61	Publication of proceedings protected
No action or proceeding, civil or criminal, lies against a person in relation to the publication of a fair and accurate report of the proceedings of a hearing before a commission (except a publication in contravention of a direction under section 37 (3)).
62	Approved forms
	(1)	The Attorney-General may approve forms for this Act.
	(2)	If the Attorney-General approves a form for a particular purpose, the form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument. 
Note	A notifiable instrument must be notified under the Legislation Act. 
63	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative appeals tribunal
·	chief police officer
·	Executive
·	exercise
·	fail
·	function
·	sitting day
·	under.
authorised person means a person declared in writing by the presiding member to be an authorised person for this Act.
commission means—
	(a)	a judicial commission appointed under section 16 (3) or section 18; and
	(b)	for a complaint—the commission appointed to examine the complaint.
complaint means—
	(a)	a complaint made in accordance with section 14 (1) and (2); or
	(b)	an allegation, notice of which has been given to the Attorney‑General in accordance with section 14 (3) (b).
head of jurisdiction means—
	(a)	for a judge or the master of the Supreme Court—the Chief Justice; or
	(b)	for a magistrate—the Chief Magistrate; or
	(c)	for a member of the administrative appeals tribunal—the president of the tribunal.
judge—
	(a)	means—
	(i)		a judge of the Federal Court or Family Court; or
	(ii)	a judge of the Supreme Court of a State or the Northern Territory; and
	(b)	includes a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A.
judicial officer means—
	(a)	a judge of the Supreme Court, other than a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A; or
	(b)	the master of the Supreme Court; or
	(c)	a magistrate; or
	(d)	a member of the administrative appeals tribunal, other than a person who is also a member of the Commonwealth administrative appeals tribunal.
magistrate does not include a registrar.
member, of a commission, means a member of the commission, and includes the presiding member.
premises includes—
	(a)	a building or other structure; and
	(b)	an aircraft, vehicle or vessel; and
	(c)	a place, whether or not enclosed or built on.
presiding member means the presiding member of a commission appointed under section 6 or section 7 (3). 

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Judicial Commissions Act 1994 A1994-9
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
as amended by
Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 49
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 49 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Custodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 7
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
pt 7 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999-22 pt 8
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 8 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000-17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 199
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 199 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
Note	This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41.
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.46
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.46 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.30
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.30 commenced 2 June 2005 (s 2 (1))
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.15
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.15 commenced 23 November 2005 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.23
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.23 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.19
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.19 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.14
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.14 commenced 16 November 2006 (s 2 (1))
4	Amendment history
Name of Act
s 1	sub A2006-42 amdt 3.84
Dictionary
s 2	om A2001-44 amdt 1.2275
	ins A2006-42 amdt 3.85
Notes
s 3	orig s 3
	om A2006-42 amdt 3.85
	def legal practitioner am A1997-96 sch 1
	om A2006-42 amdt 3.85
	def magistrate sub A2005-20 amdt 3.180
	om A2006-42 amdt 3.85
	pres s 3
	(prev s 3A) ins A2005-53 amdt 1.78
	renum as s 3 A2006-42 amdt 3.86
Offences against Act—application of Criminal Code etc
s 3A	orig s 3A
	renum as s 3
	pres s 3A
	(prev s 3B) ins A2005-53 amdt 1.78
	renum as s 3A A2006-42 amdt 3.86
Offences against Act—application of Criminal Code etc
s 3B	renum as s 3A
Removal of judicial officer
s 5	am A2006-42 amdt 3.87, amdt 3.88, amdts 3.116-3.118
Constitution of judicial commission
s 6	sub A2006-42 amdt 3.89
Members
s 7	am A2006-42 amdt 3.90
Remuneration and allowances
s 9	om A1997-41 sch 1
Cessation
s 10	am A2006-42 amdt 3.91
Resignation
s 11	om A2006-42 amdt 3.92
Staff
s 13	am A1994-38 sch 1 pt 49
Judicial officer excused
s 19	am A2006-42 amdts 3.93-3.95
Functions of officers who have been excused
s 20	am A2006-42 amdts 3.96-3.98
Reports of commission
s 22	am A2006-42 amdt 3.116
Tabling reports
s 23	am A1998-54 sch; A2006-42 amdt 3.99, amdt 3.100, amdt 3.116
Statement by judicial officer
s 24	am A2006-42 amdt 3.101, amdt 3.102, amdt 3.118
Proceedings of commissions
div 5.1 hdg	(prev pt 5 div 1 hdg) renum R2 LA
Counsel assisting commission
s 26	am A1997-96 sch 1; A2006-42 amdt 3.117
Protection of members etc
s 27	am A2005-53 amdt 1.79; A2006-42 amdt 3.103, amdt 3.117
Nondisclosure of information by members
s 28	am A1997-96 sch 1; A1998-54 sch; A2006-42 amdt 3.104, amdt 3.105, amdt 3.117
Disclosure of information by commission
s 29	am A2006-42 amdt 3.106
Outstanding matters
s 30	am A2006-42 amdt 3.107
Evidence
div 5.2 hdg	(prev pt 5 div 2 hdg) renum R2 LA
Privileges against selfincrimination and exposure to civil penalty
s 32	sub A2005-53 amdt 1.80
Powers
div 5.3 hdg	(prev pt 5 div 3 hdg) renum R2 LA
div 5.3 hdg note	ins A2006-42 amdt 3.108
Medical examination of judicial officer
s 35	am A2006-42 amdt 3.109
Additional powers
s 36	om A2006-42 amdt 3.110
Hearings
div 5.4	(prev pt 5 div 4 hdg) renum R2 LA
Power to hold
s 37	am A2006-42 amdt 3.118
Conduct of hearing
s 39	sub A2006-42 amdt 3.111
Appearance and representation
s 40	am A2006-42 amdt 3.117
Presence of people at private hearing
s 41 hdg	am A2006-42 amdt 3.118
s 41	am A1997-96 sch 1; A2006-42 amdt 3.117
Examination of witnesses
s 42	am A1997-96 sch 1; A2006-42 amdt 3.117
Powers in relation to witnesses etc
s 43	am A2001-44 amdt 1.2276
	sub A2005-53 amdt 1.81
Appearance by audiovisual or audio links
s 43A	ins A1999-22 s 16
	am A2000-17 s 3 sch 1
Apprehension of witnesses failing to appear
s 44	am A1998-67 s 24; A2005-53 amdt 1.82; A2006-23 amdt 1.206
Obstruction of authorised persons
s 45	am A1998-54 sch
	om A2004-15 amdt 2.101
Failure of witnesses to attend or produce documents
s 46	am A1998-54 sch
	om A2005-53 amdt 1.83
Refusal to be sworn or give evidence
s 47	am A1998-54 sch
	om A2005-53 amdt 1.83
False evidence
s 48	am A1998-54 sch
	om A2005-53 amdt 1.83
Improper dealings with documents
s 49	am A1998-54 sch
	om A2005-53 amdt 1.83
Intimidation or dismissal of witnesses
s 50	am A1998-54 sch
	om A2005-53 amdt 1.83
Preventing witnesses from attending
s 51	am A1998-54 sch
	om A2005-53 amdt 1.83
Bribery of witnesses
s 52	am A1998-54 sch
	om A2005-53 amdt 1.83
Fraud on witnesses
s 53	am A1998-54 sch
	om A2005-53 amdt 1.83
Contempt of commission
s 54	am A1998-54 sch
	om A2005-53 amdt 1.83
Miscellaneous
pt 6 hdg	orig pt 6 hdg om A2005-53 amdt 1.83
	(prev pt 7 hdg) renum A2005-53 amdt 1.86
Application of Criminal Code, ch 7
s 55	am A1997-96 sch 1; A1998-54 sch
	om A2005-53 amdt 1.83
	ins A2005-53 amdt 1.84
Contempt of commission
s 56	am A1998-54 sch
	om A2005-53 amdt 1.83
	ins A2005-53 amdt 1.84
Protection of Attorney-General and other officers
s 58	am A2006-42 amdt 3.112
No proceeding to be brought
s 60	am A2006-40 amdt 2.114
References to subpoena
s 61A	ins A2005-53 amdt 1.85
	exp 23 November 2006 (s 61A (2))
Approved forms
s 62	sub A2001-44 amdt 1.2277
	am A2006-42 amdt 3.113, amdt 3.114
Regulation-making power
s 63	ins A2001-44 amdt 1.2277
Miscellaneous
pt 7 hdg	renum as pt 6 hdg
Dictionary
dict 	ins A2006-42 amdt 3.115
	def authorised person ins A2006-42 amdt 3.115
	def commission ins A2006-42 amdt 3.115
	def complaint ins A2006-42 amdt 3.115
	def head of jurisdiction ins A2006-42 amdt 3.115
	def judge ins A2006-42 amdt 3.115
	def judicial officer ins A2006-42 amdt 3.115
	def magistrate ins A2006-42 amdt 3.115
	def member ins A2006-42 amdt 3.115
	def premises ins A2006-42 amdt 3.115
	def presiding member ins A2006-42 amdt 3.115
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A1998-67	28 February 1999	
2	A2001-44	13 February 2002	
2 (RI)	A2001-44 †	11 February 2003 	
3	A2004-15	9 April 2004	
4	A2005-20	2 June 2005	
5	A2005-53	23 November 2005	
6	A2006-23	2 June 2006	
7	A2006-40	29 September 2006	
8	A2006-42	16 November 2006	
† reissued for retrospective amendment made by A2002-49	

©  Australian Capital Territory 2006