Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 31

Section 122 substituted

For section 122 of the Magistrates' Court Act 1989 substitute

        "     122     Suspension from office

    (1)     In this section—

"bail justice" means a bail justice appointed under section 120A, 120C or 120E.

    (2)     The Secretary may suspend a bail justice from office if the Secretary believes that—

        (a)     the bail justice has contravened the code of conduct; or

        (b)     the bail justice has unreasonably failed to comply with a direction given to the bail justice under section 124AA(1); or

        (c)     there may otherwise be grounds for removal of the bail justice from office.

    (3)     As soon as practicable after the Secretary suspends a bail justice from office, the Secretary may either—

        (a)     direct the bail justice to do one or more of the following—

              (i)     undertake specified training;

              (ii)     complete a prescribed course of training for re-appointment;

              (iii)     attend counselling with a person nominated by the Secretary; or

        (b)     nominate a person for appointment under section 122A to undertake an investigation into the bail justice's conduct.

    (4)     If the Secretary makes a direction under subsection (3)(a) and the bail justice complies with the direction to the satisfaction of the Secretary, the Secretary must lift the suspension.

    (5)     If the Secretary makes a direction under subsection (3)(a) and the bail justice unreasonably fails to comply with the direction, the Secretary may nominate a person under subsection (3)(b).

        122A     Investigation of bail justice

    (1)     As soon as practicable after the Secretary suspends a bail justice from office under section 122 and nominates a person to undertake an investigation into the bail justice's conduct, the Attorney-General must appoint the person nominated by the Secretary to undertake the investigation.

    (2)     A person appointed under subsection (1) must—

        (a)     investigate the bail justice's conduct; and

        (b)     report to the Attorney-General on the investigation; and

        (c)     give a copy of the report to the bail justice and the Secretary.

    (3)     A report under subsection (2)(b) may include a recommendation that the bail justice be removed from office.

    (4)     After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the Secretary, may recommend to the Governor in Council that the bail justice be removed from office.
s. 31

    (5)     The person who conducted the investigation and the Attorney-General may only recommend that a bail justice be removed on the ground of proved misbehaviour, incapacity or dereliction of duty.

    (6)     The Attorney-General must not make a recommendation under subsection (4) unless the bail justice has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the Secretary.

    (7)     In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2).

    (8)     If the Attorney-General decides not to make a recommendation under subsection (4)—

        (a)     the Attorney-General must inform the Secretary as soon as practicable after receiving the report under subsection (2)(b); and

        (b)     the Secretary must lift the suspension.

        122B     Removal of bail justice from office

The Governor in Council may remove a bail justice from office on the recommendation of the Attorney-General under section 122A but not otherwise.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback