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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Judicial Conduct Commissioner (Miscellaneous) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Judicial
Conduct Commissioner Act 2015
.
Contents
Part 2—Amendment of Judicial Conduct
Commissioner Act 2015
4Amendment of section
4—Interpretation
5Amendment of section 5—Application of
Act
6Amendment of section
10—Staff
7Amendment of section 12—Making of
complaints
8Amendment of section 13—Preliminary
examination of complaints
9Amendment of section 16—Discretionary
dismissal of complaint
10Amendment of section 17—Mandatory
dismissal of complaint
11Amendment of section 18—Referral of
complaint to relevant jurisdictional head
12Amendment of section 25—Report by
panel
13Amendment of section 27—Commissioner's
annual report
14Amendment of section 30—Immunity from
liability
15Amendment of section 32—Confidentiality,
disclosure of information and publication of reports
16Amendment of section 33—Publication of
information and evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Judicial Conduct Commissioner
(Miscellaneous) Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Judicial Conduct Commissioner
Act 2015
4—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of relevant jurisdictional
head—delete "and includes" and substitute:
or
(2) Section 4(2)—delete subsection (2) and substitute:
(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—Amendment
of section 5—Application of Act
Section 5—after its present contents (now to be designated as
subsection (1)) insert:
(2) This Act applies in relation to conduct of a judicial officer whether
occurring before or after the commencement of this Act.
6—Amendment
of section 10—Staff
Section 10(4)—after "staff of" insert:
the Independent Commissioner Against Corruption or
7—Amendment
of section 12—Making of complaints
(1) Section 12(3)—delete "subsection (4)" and substitute:
subsections (4) and (4a)
(2) Section 12—after subsection (4) insert:
(4a) The Commissioner may, if the Commissioner thinks fit, determine not
to give any notices under subsection (3) in relation to a complaint until the
Commissioner has determined whether the complaint is one that must be dismissed
under section 17(1).
8—Amendment
of section 13—Preliminary examination of complaints
(1) Section 13(1)—delete "The Commissioner" and
substitute:
Subject to subsection (6), the Commissioner
(2) Section 13(1)(b)—delete "his or her power under section 16 to
take no further action in respect of" and substitute:
a power under this Act to dismiss
(3) Section 13(1)(c)—delete paragraph (c)
(4) Section 13—after subsection (5) insert:
(6) If, before
conducting a preliminary examination of a complaint, the Commissioner determines
that the complaint is one that must be dismissed under section 17(1), the
Commissioner may dismiss the complaint without conducting a preliminary
examination.
(7) If the Commissioner exercises the power under
subsection (6)
to dismiss a complaint, the Commissioner is not required to give any
notification in relation to the complaint to the judicial officer who is the
subject of the complaint or to the relevant jurisdictional head but must give
any complainant, written notification stating—
(a) that the Commissioner has exercised that power; and
(b) the grounds on which the Commissioner is satisfied that the complaint
is one that must be dismissed under section 17(1).
9—Amendment
of section 16—Discretionary dismissal of complaint
(1) Section 16(1)—delete "take no further action in respect of a
complaint" and substitute:
determine to dismiss a complaint without taking any further
action
(2) Section 16(2)—after paragraph (d) insert:
(e) that the Commissioner has previously considered the subject matter of
the complaint;
(f) that the Commissioner has determined that the subject matter of the
complaint could not, if substantiated, warrant the taking of any action under
this Act.
(3) Section 16(4)—delete "under this section to take no further
action in respect of a complaint" and substitute:
to dismiss a complaint under this section
10—Amendment
of section 17—Mandatory dismissal of complaint
(1) Section 17(1)(g)—delete paragraph (g)
(2) Section 17(3)—delete subsection (3) and substitute:
(3) If the Commissioner dismisses a complaint under this section, the
Commissioner is not required to give any notification in relation to the
complaint to the judicial officer who is the subject of the complaint or to the
relevant jurisdictional head but must give any complainant, written notification
stating—
(a) that the complaint has been dismissed; and
(b) the grounds on which that decision was made.
11—Amendment
of section 18—Referral of complaint to relevant jurisdictional
head
Section 18(1)(b)—delete "the power to take no further action in
respect of the complaint under section 16 or has dismissed the complaint under
section 17" and substitute:
a power under this Act to dismiss the complaint
12—Amendment
of section 25—Report by panel
Section 25(3)—after "provided to" insert:
the Commissioner, to
13—Amendment
of section 27—Commissioner's annual report
Section 27(2)(b)(ii) and (iii)—delete subparagraphs (ii) and (iii)
and substitute:
(ii) the number and general nature of any complaints dismissed under this
Act; and
14—Amendment
of section 30—Immunity from liability
Section 30(2), definition of member of the Commissioner's
staff—after "includes" insert:
any person exercising, or purportedly exercising, powers or functions under
this Act in accordance with an arrangement established under section 10
and
15—Amendment
of section 32—Confidentiality, disclosure of information and publication
of reports
(1) Section 32(3)—delete ", or a decision to take no further action
in relation to a complaint or" and substitute:
or a decision
(2) Section 32—after subsection (4) insert:
(5) A notification required to be given by the Commissioner under this Act
to a judicial officer who is the subject of a complaint or the relevant
jurisdictional head in relation to a complaint must not disclose the identity of
any complainant unless—
(a) the complainant has consented to the complainant's identity being so
disclosed; or
(b) the Commissioner is of the opinion—
(i) in the case of a notification required to be given to the judicial
officer the subject of the complaint—that the disclosure of the
complainant's identity is necessary to ensure that the judicial officer can
properly respond to the complaint; or
(ii) in the case of a notification required to be given to the relevant
jurisdictional head—that the disclosure of the complainant's identity is
necessary to ensure that the relevant jurisdictional head can properly exercise
their responsibilities in relation to the complaint.
16—Amendment
of section 33—Publication of information and evidence
Section 33(1)—delete "if publication of the information or evidence
is prohibited by the Commissioner"