Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CRIME AND CORRUPTION ACT 2001 - SECT 58
Independence of holders of judicial office
58 Independence of holders of judicial office
(1) The commission, when performing its functions or exercising its powers in
relation to the procedures and operations of State courts or in relation to
the conduct of a judicial officer, must proceed having proper regard for, and
proper regard for the importance of preserving, the independence of
judicial officers.
(2) To the extent a commission investigation is, or would
be, in relation to conduct of a judicial officer, the commission’s authority
to conduct the investigation is limited to investigating corrupt conduct of a
kind that, if established, would warrant the judicial officer’s removal from
office.
(3) However, subsection (2) does not apply to a commission
investigation that is, or would be, in relation to conduct of a
judicial officer— (a) other than in the judicial officer’s capacity as a
judicial officer; and
(b) as a member or representative of a decision-making
body in a unit of public administration. Examples of decision-making bodies—
a governing body, a board of management
(4) To the extent a commission
investigation is, or would be, in relation to conduct of a judicial officer,
the investigation must be conducted in accordance with appropriate conditions
and procedures agreed by the chairperson and the Chief Justice from time to
time.
(5) A commission hearing in relation to the conduct of the
judicial officer must be conducted by the chairperson.
(6) The functions and
powers of the commission are to be performed and exercised by the chairperson
who is to be taken to constitute the commission for the investigation.
(7)
However, the chairperson may delegate the chairperson’s functions and powers
under this section, including the functions and powers mentioned in subsection
(6) , for a commission investigation mentioned in subsection (3) to a senior
officer.
(8) In this section—
"judicial officer" means— (a) a judge of, or other person holding judicial
office in, a State court; or
(b) a member of a tribunal that is a court of
record.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback