New South Wales Consolidated Acts

JUDICIAL OFFICERS ACT 1986

- As at 5 December 2023 
- Act 100 of 1986 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - (Repealed)
   None

   PART 3 - THE JUDICIAL COMMISSION

   5.      The Commission
   6.      Staff etc of the Commission
   7.      Delegation

   PART 4 - FUNCTIONS OF THE COMMISSION

   8.      Sentencing
   9.      Judicial education
   10.     Guidelines
   11.     Other functions of the Commission
   12.     Committees

   PART 5 - THE CONDUCT DIVISION

   13.     The Conduct Division
   14.     Functions of the Conduct Division

   PART 6 - COMPLAINTS AGAINST JUDICIAL OFFICERS

           Division 1 - Making of complaints

   15.     Complaints
   16.     References by Minister
   17.     Manner of making complaints

           Division 2 - Preliminary examination of complaints

   18.     Preliminary examination
   19.     (Repealed)
   20.     Summary dismissal of complaints
   21.     Reference of complaint to Conduct Division or head of jurisdiction
   21A.    Reports to Minister

           Division 3 - The Conduct Division

   22.     Constitution of Conduct Division
   23.     Examination of complaint by Conduct Division
   24.     Hearings by Conduct Division
   25.     Powers of Conduct Division concerning evidence
   26.     Dismissal of complaint by Conduct Division
   27.     (Repealed)
   28.     Substantiation of complaint
   29.     Reports to Governor

           Division 4 - Miscellaneous

   30.     (Repealed)
   31.     Extension or partial dismissal of complaint
   32.     Non-finalisation of certain matters
   33.     Cases where non-judicial officers involved
   34.     Medical or psychological examination
   35.     Referral of complaint
   36.     Release of information
   37.     Disclosure of information by members or officers of Commission
   37A.    Information about complaints to be provided to Minister
   38.     Vexatious complainants
   39.     Allowances to witnesses

   PART 6A - SUSPECTED IMPAIRMENT OF JUDICIAL OFFICERS

   39A.    Definitions
   39B.    References by heads of jurisdiction
   39C.    Preliminary examination
   39D.    Medical or psychological examination
   39E.    Action following preliminary examination
   39F.    Examination of matter referred
   39G.    Report as to Conduct Division's conclusions

   PART 7 - SUSPENSION AND REMOVAL OF JUDICIAL OFFICERS

   40.     Suspension of judicial officers
   41.     Removal of judicial officers
   42.     Functions of suspended judicial officers
   43.     Appropriate authorities to suspend etc
   43AA.   Other action following complaint under Part 6 or formal request under Part 6A
   43A.    (Repealed)

   PART 7A - APPOINTMENT OF JUDICIAL OFFICERS TO OTHER POSITIONS

           Division 1 - Judicial officers exchange

   43B.    Definitions
   43C.    Establishment of judicial exchange arrangements
   43D.    Transfer of judicial officer of another jurisdiction to NSW court
   43E.    Service in NSW court of judicial officer of another jurisdiction
   43F.    Service of NSW judicial officer in corresponding court
   43G.    Other arrangements not affected
   43H.    Amendment of Schedule 4A

           Division 2 - General

   43I.    Judicial office not affected by appointment to another judicial office

   PART 8 - RETIREMENT OF JUDICIAL OFFICERS

   44.     Retirement of judicial officers

   PART 8A - IMMUNITY OF JUDICIAL OFFICERS AND OTHERS

   44A.    Immunity of Supreme Court Judges
   44B.    Immunity of certain judicial officers
   44C.    Immunity of officers performing duties of judicial officers

   PART 9 - MISCELLANEOUS

   45.     Alternate members of Commission
   46.     Acting judicial members of Commission
   47.     Counsel assisting Commission or Conduct Division
   48.     Liability for proceedings
   49.     Annual report
   50.     Remuneration
   51.     Shortened references to Commission
   52.     Proceedings for offences
   53.     Operation of certain other Acts
   54.     Regulations
   55.     Repeals
   56.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 6