Judicial Conduct Commissioner Act 2015 (SA)

South Australia Judicial Conduct Commissioner Act 2015 An Act to provide for the appointment of a Judicial Conduct Commissioner to examine complaints in relation to the conduct of judicial officers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Application of Act Part 2—Judicial Conduct Commissioner 6 Functions and powers of Commissioner 7 Appointment of Commissioner 8 Pension rights 9 Acting Commissioner 10 Staff 11 Delegation Part 3—Complaints Division 1—Making a complaint 12 Making of complaints Division 2—Preliminary examination of complaint 13 Preliminary examination of complaints 14 Request to postpone consideration of complaint 15 Referral of complaint to ICAC 16 Discretionary dismissal of complaint 17 Mandatory dismissal of complaint Division 3—Action after preliminary examination 18 Referral of complaint to relevant jurisdictional head 19 Immediate report to Parliament 20 Recommendation to appoint judicial conduct panel Part 4—Judicial conduct panels 21 Appointment of judicial conduct panels 22 Dissolution of panel if member unable to continue 23 Functions and procedures of panel 24 Powers of panel 25 Report by panel 26 Removal of judicial officer Part 5—Miscellaneous 27 Commissioner's annual report 28 Attorney-General may request information about complaints 29 Judicial review 30 Immunity from liability 31 No obligation on persons to maintain secrecy 32 Confidentiality, disclosure of information and publication of reports 33 Publication of information and evidence 34 Other offences 34A Commissioner may determine not to give notice in a particular case 35 Service 36 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Judicial Conduct Commissioner Act 2015. 3—Objects (1) The objects of this Act are to enhance public confidence in the judicial system and to protect the impartiality and integrity of the judicial system by— (a) providing for the appointment of a Judicial Conduct Commissioner to receive and determine complaints regarding the conduct of judicial officers; and (b) providing a fair process for dealing with such complaints that recognises and protects judicial independence; and (c) enhancing the existing mechanisms for removal of judicial officers where they are unable or unwilling to appropriately discharge their duties. (2) No power or discretion vested in the Commissioner or any other person by this Act may be exercised so as to impugn the independence of the judiciary. 4—Interpretation (1) In this Act, unless the contrary intention appears— Commissioner means the Judicial Conduct Commissioner appointed under section 7, or the person from time to time acting as the Judicial Conduct Commissioner; complainant means a person who makes a complaint under section 12(1); complaint means a complaint under section 12 about the conduct of a judicial officer and includes a referral by the Attorney‑General under section 12(6), a referral by a jurisdictional head under section 12(7) and a complaint initiated by the Commissioner under section 12(8); judicial conduct panel means a judicial conduct panel appointed under Part 4; judicial office means— (a) the office of Judge of the Supreme Court; (b) the office of Master of the Supreme Court, District Court Judge or any other Judge; (ba) the office of Supreme Court judicial registrar; (c) any other office involving the exercise of judicial functions that may only be occupied by a Judge or Master or by a person with other legal qualifications; (ca) the office of District Court Judicial Registrar or Youth Court judicial registrar; (d) the office of Magistrate; (e) any other office involving the exercise of judicial functions that may only be occupied by a Magistrate or by a person with other legal qualifications; (ea) the office of Magistrates Court Judicial Registrar; (f) the office of special justice; (g) any other office prescribed by the regulations, (and the order of the above paragraphs indicates the level of seniority of the various offices, the inclusion of reference to more than 1 office in the same paragraph indicating the same level of seniority); judicial officer means a person appointed to hold or act in a judicial office; jurisdictional head has the same meaning as in Part 5A of the Courts Administration Act 1993; relevant jurisdictional head, in relation to a judicial officer who is, or is to be, the subject of a complaint, means a jurisdictional head who has power to issue requirements to that judicial officer in accordance with Part 5A of the Courts Administration Act 1993 or, in a case where the judicial officer who is, or is to be, the subject of a complaint is a jurisdictional head, the Chief Justice of the Supreme Court. (2) For the avoidance of doubt (and without limiting the types of conduct that may be the subject of a complaint under this Act) conduct of a judicial officer that may be the subject of a complaint under this Act includes— (a) any act or omission of such an officer— (i) whether occurring in the course of carrying out functions as a judicial officer or not; and (ii) whether resulting from an illness or incapacity or not; and (b) any acts of victimisation by a judicial officer. (3) For the purposes of subsection (2), a judicial officer who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make a complaint under this Act or has provided, or intends to provide, information or other assistance to the Commissioner or a judicial conduct panel exercising functions under this Act commits an act of victimisation. 5—Application of Act (1) This Act applies in addition to (and does not derogate from) any other Act or law relating to judicial conduct or to the removal of a judicial officer. (2) This Act applies in relation to conduct of a judicial officer whether occurring before or after the commencement of this Act.