JUDICIAL COMMISSIONS ACT 1994 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Offences against Act--application of Criminal Code etc PART 2--TENURE OF JUDICIAL OFFICE 4. Tenure 5. Removal of judicial officer PART 3--JUDICIAL COMMISSIONS 6. Constitution of judicial commission 7. Members 8. Terms and conditions of appointment 10. Cessation 12. Termination of appointment 13. Staff PART 4--COMPLAINTS AGAINST JUDICIAL OFFICERS 14. Making of complaint 15. Attorney-General to inform judicial officer 16. Request by Attorney-General 17. Attorney-General may decline to act on complaint 18. Resolution by Legislative Assembly 19. Judicial officer excused 20. Functions of officers who have been excused 21. Examination of complaint by commission 22. Reports of commission 23. Tabling reports 24. Statement by judicial officer PART 5--PROCEEDINGS OF COMMISSIONS Division 5.1--General 25. Determination of questions 26. Counsel assisting commission 27. Protection of members etc 28. Nondisclosure of information by members 29. Disclosure of information by commission 30. Outstanding matters Division 5.2--Evidence 31. Procedure 32. Privileges against selfincrimination and exposure to civil penalty Division 5.3--Powers 33. Search warrants 34. Inspection and retention of documents 35. Medical examination of judicial officer Division 5.4--Hearings 37. Power to hold 38. Person presiding 39. Conduct of hearing 40. Appearance and representation 41. Presence of people at private hearing 42. Examination of witnesses 43. Powers in relation to witnesses etc 43A. Appearance by audiovisual or audio links 44. Apprehension of witnesses failing to appear PART 6--MISCELLANEOUS 55. Application of Criminal Code, ch 7 56. Contempt of commission 57. Vexatious complaints 58. Protection of Attorney-General and other officers 59. Reimbursement of costs and expenses 60. No proceeding to be brought 61. Reports of proceedings--protection 62. Approved forms 63. Regulation-making power DICTIONARY ENDNOTES JUDICIAL COMMISSIONS ACT 1994 - LONG TITLE An Act to provide for the examination of complaints in relation to judicial officers, to provide for their removal from office in certain circumstances, and for related purposes JUDICIAL COMMISSIONS ACT 1994 - SECT 1 Name of Act This Act is the Judicial Commissions Act 1994. JUDICIAL COMMISSIONS ACT 1994 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). JUDICIAL COMMISSIONS ACT 1994 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. JUDICIAL COMMISSIONS ACT 1994 - SECT 3A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to an offence against this Act, pt 6 (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. JUDICIAL COMMISSIONS ACT 1994 - SECT 4 Tenure A judicial officer must not be removed from office except in accordance with this Act. JUDICIAL COMMISSIONS ACT 1994 - SECT 5 Removal of judicial officer (1) If the Legislative Assembly passes, in the appropriate manner, a resolution requiring the Executive to remove a judicial officer from office on the ground of misbehaviour or physical or mental incapacity, the Executive must, by instrument, remove the judicial officer from the office. (2) For subsection (1), a resolution of the Legislative Assembly is taken to have been passed in the appropriate manner if it is passed-- (a) under a motion of which notice was given after completion of the formal process; and (b) within 15 sitting days after the Attorney-General has presented to the Legislative Assembly the report of the commission appointed to examine the complaint in respect of the judicial officer; and (c) by a majority of the votes of the members of the Legislative Assembly present and voting. (3) For subsection (2), the formal process is taken to have been completed if-- (a) the commission has submitted to the Attorney-General in accordance with section 22 a report of its examination of the complaint in which it concludes that the behaviour or physical or mental capacity of the judicial officer concerned could amount to proved misbehaviour or incapacity such as to warrant removal from office and the Attorney-General has presented a copy of the report to the Legislative Assembly in accordance with section 23; and (b) following the submission of the report-- (i) the judicial officer has delivered to the Attorney-General in accordance with section 24 (1) and (3) a statement relating to the report and the Attorney-General has presented the statement to the Legislative Assembly in accordance with section 24 (4); or (ii) the period for delivering such a statement has expired and no such statement has been delivered by the judicial officer to the Attorney-General; and (c) the judicial officer has been given a reasonable opportunity by the Legislative Assembly to address the Assembly (whether in person or by a lawyer on the judicial officer's behalf) in relation to any matter relating to the commission's findings or conclusion; and (d) the Legislative Assembly has determined that the findings by the commission amount to misbehaviour or physical or mental incapacity identified by the commission. (4) An address to the Assembly in accordance with subsection (3) (c) must not contain any references to people or things that are inconsistent with the commission's reasons for submitting a separate report (if any) in accordance with section 22 (3). JUDICIAL COMMISSIONS ACT 1994 - SECT 6 Constitution of judicial commission A judicial commission must consist of a presiding member and 2 other members appointed by the Executive. Note For the making of appointments, see the Legislation Act, pt 19.3. JUDICIAL COMMISSIONS ACT 1994 - SECT 7 Members (1) A person must not be appointed as a member-- (a) unless the person is or has been a judge; or (b) unless the person has been a judge of the Supreme Court or justice of the High Court; or (c) if the person is an acting judge appointed under the Supreme Court Act 1933, section 4B. (2) If a member dies, resigns or is removed from office under section 12-- (a) the remaining members constitute the commission; and (b) this Act has effect as if section 6 referred to 1 other member. (3) If the presiding member dies, resigns or is removed from office under section 12, the Executive must, in writing, appoint 1 of the remaining members to be the presiding member. JUDICIAL COMMISSIONS ACT 1994 - SECT 8 Terms and conditions of appointment A member holds office on such terms and conditions in relation to matters not provided for by this Act as are determined in writing by the Executive. JUDICIAL COMMISSIONS ACT 1994 - SECT 10 Cessation A member ceases to hold office as a member-- (a) when the commission's report of its examination of the complaint has been submitted to the Attorney-General in accordance with section 22; or (b) if section 30 applies--when the commission notifies the Attorney-General in accordance with that section that any outstanding matters have been finalised. Note A commissioner's appointment also ends if the person resigns (see Legislation Act, s 210). JUDICIAL COMMISSIONS ACT 1994 - SECT 12 Termination of appointment The Executive may terminate the appointment of a member for misbehaviour or physical or mental incapacity. JUDICIAL COMMISSIONS ACT 1994 - SECT 13 Staff (1) The staff of a commission must be public servants made available to the commission by the director-general. (2) While a public servant is performing services for a commission, he or she must perform those services in accordance with the directions of a member, and not otherwise. JUDICIAL COMMISSIONS ACT 1994 - SECT 14 Making of complaint (1) A person may complain to the Attorney-General about a matter that relates or may relate to the behaviour or physical or mental capacity of a judicial officer. (2) A complaint must-- (a) be in writing; and (b) state the name and address of the complainant; and (c) identify the judicial officer concerned; and (d) contain full particulars of the matter the subject of the complaint. (3) A member of the Legislative Assembly must not raise in the Assembly a matter that relates or may relate to the behaviour or physical or mental capacity of a judicial officer-- (a) except by way of a motion to have a specific allegation made in precise terms in relation to the judicial officer examined by a judicial commission; and (b) unless the member has given to the Attorney-General not less than 5 sitting days notice of the motion and the member has not been notified by the Attorney-General within that period in accordance with section 16 (2) that the Executive has been requested to appoint a commission to examine the allegation. JUDICIAL COMMISSIONS ACT 1994 - SECT 15 Attorney-General to inform judicial officer The Attorney-General must, as soon as practicable after receiving a complaint (other than a complaint to which section 17 (1) applies), inform-- (a) the judicial officer the subject of the complaint; and (b) if the judicial officer is not a head of jurisdiction--the relevant head of jurisdiction; of the nature of the complaint. JUDICIAL COMMISSIONS ACT 1994 - SECT 16 Request by Attorney-General (1) If, after receiving a complaint, the Attorney-General is satisfied on reasonable grounds that the complaint could, if substantiated, justify consideration by the Legislative Assembly of a resolution requiring the removal from office of the judicial officer the subject of the complaint, the Attorney-General must, in writing, request the Executive to appoint a judicial commission to examine the complaint. (2) The Attorney-General must notify-- (a) the complainant or the member of the Legislative Assembly (as the case requires); and (b) the judicial officer; and (c) if the judicial officer is not a head of jurisdiction--the relevant head of jurisdiction; in writing of whether or not the Executive has been requested to appoint a commission to examine the complaint. (3) If the Executive receives a request from the Attorney-General in accordance with subsection (1), the Executive must appoint a judicial commission to examine the complaint and to submit to the Attorney-General a report of its examination within the period specified by the Executive or within such further period as the Executive, by notice in writing, allows. JUDICIAL COMMISSIONS ACT 1994 - SECT 17 Attorney-General may decline to act on complaint (1) The Attorney-General may decline to take any action under this Act in relation to a complaint if the Attorney-General considers-- (a) that the complaint has been made vexatiously, frivolously or without reasonable grounds; or (b) that the complainant has not included in the complaint, or the member of the Legislative Assembly has not included in the notice, sufficient relevant detail in respect of the matter the subject of the complaint; or (c) that, even if the matter complained of were proved, it could not amount to misbehaviour or incapacity such as to warrant removal of the judicial officer. (2) Where the Attorney-General declines to take any action in relation to a complaint for a reason specified in subsection (1), the Attorney-General must advise the complainant or the member of the Legislative Assembly (as the case may be) accordingly. JUDICIAL COMMISSIONS ACT 1994 - SECT 18 Resolution by Legislative Assembly If the Legislative Assembly passes a resolution for the examination of a complaint in relation to a judicial officer by a judicial commission, the Executive must appoint a judicial commission to examine the complaint and to submit to the Attorney-General a report of its examination within the period specified by the Executive or within such further period as the Executive, by notice in writing, allows. JUDICIAL COMMISSIONS ACT 1994 - SECT 19 Judicial officer excused (1) When a commission is appointed to examine a complaint, the judicial officer concerned is, by force of this section, excused from exercising any function connected with the relevant judicial office. (2) A judicial officer who has been excused must not resume the exercise of any such function unless-- (a) the commission has submitted to the Attorney-General in accordance with section 22 a report of its examination of the complaint in which it does not conclude that the behaviour or physical or mental capacity of the judicial officer could amount to proved misbehaviour or incapacity such as to warrant removal from office; or (b) a motion in the Legislative Assembly to require the removal from office of the judicial officer is withdrawn or is not called on within 5 sitting days after the Attorney-General has presented the commission's report to the Legislative Assembly in accordance with section 23; or (c) such a motion, having been called on before the Legislative Assembly within the period referred to in paragraph (b), is resolved in the negative. (3) A judicial officer who has been excused from office is entitled to be paid remuneration and allowances as a judicial officer for that office while excused. JUDICIAL COMMISSIONS ACT 1994 - SECT 20 Functions of officers who have been excused (1) Subject to this section, a judicial officer who has been excused must not, while excused, exercise any function connected with the relevant judicial office. (2) The Executive may, by instrument, authorise a judicial officer who has been excused to exercise such functions as are necessary for the purpose of completing a specified matter or class of matters. (3) If a judicial officer who has been excused exercises a function connected with the relevant judicial office, the function is taken to have been exercised as validly and effectively as if the judicial officer had not been excused. JUDICIAL COMMISSIONS ACT 1994 - SECT 21 Examination of complaint by commission (1) A commission must, as soon as practicable after being appointed to examine a complaint, conduct an examination of the complaint. (2) In conducting the examination, the commission-- (a) must consider only specific allegations made in precise terms; and (b) must not consider a matter arising before the appointment of the judicial officer concerned to the relevant office unless the commission considers it necessary and desirable to do so for the full and proper examination of the complaint; and (c) may initiate such inquiries into the subject matter of the complaint as the commission considers appropriate. (3) Except as otherwise provided by this Act, an examination or inquiry must be conducted in such manner as the commission determines. JUDICIAL COMMISSIONS ACT 1994 - SECT 22 Reports of commission (1) After completing an examination of a complaint, a commission must-- (a) prepare a report of its examination; and (b) submit the report to the Attorney-General. (2) A report must-- (a) set out the commission's findings on material questions of fact; and (b) refer to the evidence or other material on which those findings were based; and (c) set out the commission's conclusion as to whether or not the behaviour or physical or mental capacity of the judicial officer concerned could amount to proved misbehaviour or incapacity such as to warrant his or her removal from office. (3) If a commission is of the opinion that, if any of its findings, or any of the evidence given before the commission, in relation to a person (other than the judicial officer the subject of the complaint) were to be presented to the Legislative Assembly-- (a) a person who has been or may be charged with an offence may not receive a fair trial for the offence; or (b) the conduct of an investigation of a breach or possible breach of the law may be prejudiced; or (c) the existence or identity of a confidential source of information in relation to the enforcement or administration of the law may be disclosed or a person enabled to ascertain the existence or identity of that source; or (d) there may be prejudice to the safety or reputation of a person; the commission may include those findings or that evidence in a separate report and submit the report to the Attorney-General, together with-- (e) a statement of its opinion; and (f) a recommendation that the report not be presented to the Legislative Assembly. (4) When submitting a report to the Attorney-General, a commission must commit any documents or things (except documents or things required for the purpose of finalising matters under section 30) then in its possession to the custody of the Attorney-General for safekeeping. (5) The Attorney-General must accept a recommendation referred to in subsection (3) (f) unless he or she is satisfied that there are compelling reasons of public policy why the relevant report should be presented to the Legislative Assembly. JUDICIAL COMMISSIONS ACT 1994 - SECT 23 Tabling reports (1) The Attorney-General must, as soon as practicable after receiving a report submitted by a commission (other than a report in relation to which he or she has accepted a recommendation referred to in section 22 (3) (f)), present a copy of the report to the Legislative Assembly. (2) The Attorney-General must, on presenting a copy of the report to the Legislative Assembly, give a copy of that report to-- (a) the judicial officer the subject of the complaint; and (b) if the judicial officer is not a head of jurisdiction--the relevant head of jurisdiction. (3) The Attorney-General may also give to the judicial officer the subject of a complaint a copy of a report in accordance with section 22 (3) in relation to which the Attorney-General has accepted a recommendation referred to in section 22 (3) (f) if the Attorney-General considers it appropriate to do so. (4) The Attorney-General need not inquire whether a condition precedent has been satisfied in relation to a report purporting to have been prepared and submitted in accordance with this Act. (5) A person who publishes a report or part of a report that has not been presented to the Legislative Assembly by the Attorney-General commits an offence. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. JUDICIAL COMMISSIONS ACT 1994 - SECT 24 Statement by judicial officer (1) Where a commission submits to the Attorney-General a report of its examination of a complaint in relation to a judicial officer, the judicial officer may deliver to the Attorney-General a written statement containing particulars of any matter relating to the commission's findings. (2) A statement relating to a report must not contain any references to people or things that are inconsistent with the commission's reasons for submitting a separate report (if any) in accordance with section 22 (3). (3) A statement relating to a report must be delivered to the Attorney-General-- (a) if the Legislative Assembly has, by resolution, fixed a period longer than 14 days after the Attorney-General has presented the report to the Assembly--within the period so fixed; or (b) if paragraph (a) does not apply--within 14 days after the Attorney-General has presented the report to the Assembly. (4) The Attorney-General must, as soon as practicable after receiving a statement under subsection (1), present a copy of the statement to the Legislative Assembly. JUDICIAL COMMISSIONS ACT 1994 - SECT 25 Determination of questions (1) A question arising before a commission must be decided-- (a) if the commission is constituted by 3 members--in accordance with the opinion of a majority of the members; or (b) if the commission is constituted by 2 members and those members are divided in opinion--in accordance with the opinion of the presiding member. (2) If, in relation to a question arising before a commission, the members are not unanimous in opinion, there must, if a member so requires, be recorded in the report of the commission particulars of the opinions of the members on that question. JUDICIAL COMMISSIONS ACT 1994 - SECT 26 Counsel assisting commission A commission may appoint a lawyer to assist the commission, either generally or in relation to a particular matter. JUDICIAL COMMISSIONS ACT 1994 - SECT 27 Protection of members etc (1) A member has, in the exercise of any function as a member in relation to an examination, the same protection and immunity as a judge of the Supreme Court in proceedings in that Court. (2) A lawyer assisting a commission or appearing on a person's behalf at a hearing before a commission has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court. (3) Subject to this Act, a person subpoened to attend or appearing before a commission as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court. JUDICIAL COMMISSIONS ACT 1994 - SECT 28 Nondisclosure of information by members (1) This section applies to-- (a) a person who is or has been-- (i) a member; or (ii) a member of the staff of a commission; or (iii) a lawyer assisting a commission; and (b) any other person who has or has had access to information by virtue of that person's office or employment under or for this Act. (2) A person to whom this section applies must not, either directly or indirectly, except in the exercise of a function under or for this Act-- (a) make a record of, or divulge or communicate to any person, any information acquired by the firstmentioned person by virtue of that person's office or employment under or for this Act; or (b) make use of any such information; or (c) produce to any person, or permit any person to have access to, a document provided for this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. JUDICIAL COMMISSIONS ACT 1994 - SECT 29 Disclosure of information by commission If, in the course of an examination, a commission obtains information that relates or may relate to the commission of an offence, or evidence of the commission of an offence against a law of the Territory, the Commonwealth, a State or another Territory, the commission may, if in its opinion it is appropriate to do so, communicate the information or give the evidence to-- (a) the Attorney-General or the appropriate Minister of State for the Commonwealth, a State or that other Territory; or (b) the chief police officer. JUDICIAL COMMISSIONS ACT 1994 - SECT 30 Outstanding matters (1) If-- (a) a commission has submitted its report in accordance with section 22; and (b) there are any outstanding matters connected with the exercise by the commission of its functions under this Act; the commission must-- (c) notify the Attorney-General that there are outstanding matters; and (d) for such time as is necessary, continue to exercise its powers under this Act for the purpose of finalising those matters. (2) When any outstanding matters have been finalised, the commission must-- (a) notify the Attorney-General accordingly; and (b) commit any documents or things still in its possession to the custody of the Attorney-General for safekeeping. JUDICIAL COMMISSIONS ACT 1994 - SECT 31 Procedure In conducting its proceedings, a commission-- (a) is not bound by the rules of evidence but may inform itself of any matter in such manner as it considers appropriate; and (b) may do whatever the commission considers necessary or expedient for the fair and expeditious conduct of the examination of the complaint. JUDICIAL COMMISSIONS ACT 1994 - SECT 32 Privileges against selfincrimination and exposure to civil penalty (1) This section applies if a person is required under section 43 (1) or (3) to-- (a) produce a document or other thing; or (b) answer a question. (2) The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question. Note The Legislation Act, s 171 deals with client legal privilege. (3) However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for-- (a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or (b) an offence against the Criminal Code, chapter 7 (Administration of justice offences). Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). JUDICIAL COMMISSIONS ACT 1994 - SECT 33 Search warrants (1) The presiding member may issue a search warrant if-- (a) the presiding member has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the commission is inquiring (thing of the relevant kind); and (b) the presiding member believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of. (2) A search warrant must authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable-- (a) to enter the premises; and (b) to search the premises for things of the relevant kind; and (c) to seize any things of the relevant kind found in or on the premises; and (d) to deliver anything so seized to the commission. (3) A search warrant must-- (a) state the purpose for which it is issued; and (b) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (c) include a description of the kind of things in relation to which the powers under the warrant may be exercised; and (d) specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified for subsection (3) (d). (5) If, in the course of searching under a search warrant for a thing of a relevant kind-- (a) the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the commission is inquiring, although not of a kind specified in the warrant; and (b) the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of; the person may seize that thing and must deliver the thing so seized to the commission. (6) A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant. (7) A reference in subsection (1) to the presiding member includes a reference to a member authorised by the presiding member to act under that subsection. JUDICIAL COMMISSIONS ACT 1994 - SECT 34 Inspection and retention of documents (1) A commission, a member, a member of the staff of a commission or an authorised person may-- (a) inspect a document or other thing produced before, or delivered to, the commission; and (b) retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and (c) in the case of a document produced before, or delivered to, the commission--make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry. (2) Where a document is retained under subsection (1) (b)-- (a) the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and (b) until the certified copy is supplied, the commission must, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document. (3) If the retention of a document or other thing by a commission ceases to be necessary for the purposes of an inquiry, the commission must, if a person who appears to the commission to be entitled to the document or thing so requests, cause the document or thing to be delivered to the person. JUDICIAL COMMISSIONS ACT 1994 - SECT 35 Medical examination of judicial officer (1) If, in the course of examining a complaint, a commission forms the opinion, on reasonable grounds, that the judicial officer concerned may be physically or mentally unfit to exercise efficiently the functions of his or her office, the commission may request the judicial officer to undergo such medical examination as the commission specifies. (2) If the judicial officer fails to comply with the commission's request, the commission must include in its report under section 22 a statement to that effect. JUDICIAL COMMISSIONS ACT 1994 - SECT 37 Power to hold (1) For the purposes of conducting an inquiry, a commission may hold hearings. (2) Subject to subsection (3), a hearing must be in public. (3) If a commission is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter, or for any other reason, the commission may-- (a) direct that a hearing or part of a hearing must take place in private and give directions as to the people who may be present; and (b) give directions prohibiting or restricting the publication of evidence given at a hearing (whether in public or private) or of matters contained in documents lodged with, or received in evidence by, the commission; and (c) give directions prohibiting or restricting the disclosure to some or all of the people present at a hearing of evidence given before, or the contents of a document lodged with or received in evidence by, the commission. (4) In considering whether to give a direction under subsection (3), a commission must take as the basis of its consideration the principle that it is desirable that hearings be in public and that evidence given before, or the contents of documents lodged with or received in evidence by, the commission should be made available to the public and to all people present at the hearing, but must pay due regard to any reasons given to the commission why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted. JUDICIAL COMMISSIONS ACT 1994 - SECT 38 Person presiding The presiding member must preside at a hearing. JUDICIAL COMMISSIONS ACT 1994 - SECT 39 Conduct of hearing Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission. JUDICIAL COMMISSIONS ACT 1994 - SECT 40 Appearance and representation (1) At a hearing-- (a) the judicial officer the subject of the complaint is entitled to appear and to be represented by a lawyer; and (b) a person summoned to attend or appearing before the commission as a witness may be represented by a lawyer; and (c) any other person may, with the consent of the commission, appear and may be represented by a lawyer. (2) In subsection (1) (b): "person" includes an unincorporated association. JUDICIAL COMMISSIONS ACT 1994 - SECT 41 Presence of people at private hearing If a hearing is being held in private, a person must not be present at the hearing unless the person is-- (a) a member; or (b) a member of the staff of the commission directed to be present; or (c) a lawyer assisting the commission; or (d) the judicial officer the subject of the complaint; or (e) the lawyer representing that judicial officer; or (f) entitled under a direction under section 37 (3) (a) to be present. JUDICIAL COMMISSIONS ACT 1994 - SECT 42 Examination of witnesses At a hearing-- (a) a lawyer assisting the commission; or (b) the judicial officer the subject of the complaint or the lawyer representing him or her; or (c) any other person present who is permitted by the presiding member to do so; may, so far as the commission considers appropriate, examine or cross-examine a witness on any matter that the commission considers relevant to its inquiry. JUDICIAL COMMISSIONS ACT 1994 - SECT 43 Powers in relation to witnesses etc (1) The presiding member of a commission, or a person authorised in writing by the presiding member, may, by written notice given to a person (a subpoena), require the person to appear before the commission at a hearing, at a stated time and place, to do either or both of the following: (a) to give evidence; (b) to produce a stated document or other thing relevant to the hearing. (2) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the commission before the date stated in the subpoena for its production. (3) The presiding member of a commission may require a witness appearing at a hearing before the commission to give evidence to do 1 or more of the following: (a) to take an oath; (b) to answer a question relevant to the hearing; (c) to produce a stated document or other thing relevant to the hearing. Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1). JUDICIAL COMMISSIONS ACT 1994 - SECT 43A Appearance by audiovisual or audio links (1) This section applies if, in relation to a hearing or a part of a hearing (the relevant hearing), the commission has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from place other than participating State). (2) Where this section applies a person who, in a relevant hearing-- (a) is required or entitled to appear personally, whether as a party or as a witness; or (b) is entitled to appear for another person; may appear in that hearing and participate or give evidence, as the case requires, in accordance with the direction. (3) A person who appears in a relevant hearing in accordance with this section is taken to be before the commission. JUDICIAL COMMISSIONS ACT 1994 - SECT 44 Apprehension of witnesses failing to appear (1) If a person served with a subpoena to appear before a commission as a witness fails to appear or attend under the subpoena, the presiding member may, on proof of the service of the subpoena, issue a warrant for the apprehension of the person. (2) A warrant authorises-- (a) the apprehension of the witness; and (b) the bringing of the witness before the commission; and (c) the detention of the witness in custody for that purpose until the witness is released by order of the presiding member. (3) A warrant may be executed by-- (a) a police officer; or (b) a member of the police force of a State or another Territory; or (c) the person to whom it is addressed. (4) The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant. (5) The apprehension of a witness under this section does not relieve the witness from any liability incurred because of noncompliance by the witness with the subpoena. JUDICIAL COMMISSIONS ACT 1994 - SECT 55 Application of Criminal Code, ch 7 A proceeding before a commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission proceedings. JUDICIAL COMMISSIONS ACT 1994 - SECT 56 Contempt of commission A person commits an offence if the person does something in the face, or within the hearing, of a commission that would be contempt of court if the commission were a court of record. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. JUDICIAL COMMISSIONS ACT 1994 - SECT 57 Vexatious complaints (1) A commission may discontinue the examination of a complaint if the commission considers that the complaint has been made vexatiously, frivolously or without reasonable grounds. (2) If a commission discontinues an examination under subsection (1), section 22 applies as if the commission had completed the examination. JUDICIAL COMMISSIONS ACT 1994 - SECT 58 Protection of Attorney-General and other officers A person who is or has been-- (a) the Attorney-General; or (b) a public servant; or (c) a person acting under the direction of a member; is not liable, personally, to an action or other proceeding for or in relation to an act done or omitted to be done honestly in the exercise or purported exercise of any function--given to the person in that capacity for this Act. JUDICIAL COMMISSIONS ACT 1994 - SECT 59 Reimbursement of costs and expenses (1) A witness appearing before a commission is entitled to be paid by the Territory in relation to the expenses of the attendance of the witness an amount authorised in accordance with the Supreme Court scale of costs. (2) If a commission-- (a) does not conclude that the behaviour or physical or mental capacity of a judicial officer could amount to proved misbehaviour or incapacity such as to warrant removal from office; or (b) discontinues the examination of a complaint under section 57 (1); the judicial officer concerned is entitled to be paid by the Territory the reasonable costs and expenses incurred by the judicial officer in connection with his or her appearance and representation before the commission. JUDICIAL COMMISSIONS ACT 1994 - SECT 60 No proceeding to be brought A proceeding for an injunction, declaration or prerogative order must not be brought in relation to-- (a) a decision of the Executive under section 5 (1), section 16 (3) or section 18; or (b) a decision of a member of the Legislative Assembly to propose a motion in accordance with section 14 (3) (a) or to give notice of the motion to the Attorney-General in accordance with section 14 (3) (b); or (c) a decision of the Attorney-General under section 16 (1), section 17 (1) or section 23 (3); or (d) a resolution for the examination of a complaint in relation to a judicial officer by a judicial commission passed by the Legislative Assembly; or (e) the proceedings of a commission. JUDICIAL COMMISSIONS ACT 1994 - SECT 61 Reports of proceedings--protection (1) The proceedings of a hearing before a commission are taken to be proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern). (2) Subsection (1) does not apply in relation to the publication of a report of proceedings, or a part of proceedings, if a direction given under section 37 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction. JUDICIAL COMMISSIONS ACT 1994 - SECT 62 Approved forms (1) The Attorney-General may approve forms for this Act. (2) If the Attorney-General approves a form for a particular purpose, the form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. JUDICIAL COMMISSIONS ACT 1994 - SECT 63 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. JUDICIAL COMMISSIONS ACT 1994 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o chief police officer o director-general (see s 163) o Executive o exercise o fail o function o sitting day o under. "authorised person" means a person declared in writing by the presiding member to be an authorised person for this Act. "commission "means-- (a) a judicial commission appointed under section 16 (3) or section 18; and (b) for a complaint--the commission appointed to examine the complaint. "complaint" means-- (a) a complaint made in accordance with section 14 (1) and (2); or (b) an allegation, notice of which has been given to the Attorney-General in accordance with section 14 (3) (b). "general president", of the ACAT--see the ACT Civil and Administrative Tribunal Act 2008, dictionary. "head of jurisdiction "means-- (a) for a judge or the master of the Supreme Court--the Chief Justice; or (b) for a magistrate--the Chief Magistrate; or (c) for a member of the ACAT--the general president of the ACAT. "judge"-- (a) means-- (i) a judge of the Federal Court or Family Court; or (ii) a judge of the Supreme Court of a State or the Northern Territory; and (b) includes a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A. "judicial officer" means-- (a) a judge of the Supreme Court, other than a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A; or (b) the master of the Supreme Court; or (c) a magistrate; or (d) a presidential member of the ACAT. "magistrate "does not include a registrar. "member", of a commission, means a member of the commission, and includes the presiding member. "premises" includes-- (a) a building or other structure; and (b) an aircraft, vehicle or vessel; and (c) a place, whether or not enclosed or built on. "presidential member", of the ACAT--see the ACT Civil and Administrative Tribunal Act 2008, dictionary. "presiding member" means the presiding member of a commission appointed under section 6 or section 7 (3). JUDICIAL COMMISSIONS ACT 1994 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Judicial Commissions Act 1994 A1994-9 notified 14 March 1994 (Gaz 1994 No S44) commenced 14 March 1994 (s 2) as amended by Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 49 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 49 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by Act 2002 No 49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Custodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 7 notified 23 December 1998 (Gaz 1998 No S212) s 1, s 2 commenced 23 December 1998 (s 2 (1)) pt 7 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999-22 pt 8 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) pt 8 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35) Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000-17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 199 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 199 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) amdt 3.222 commenced 24 September 1997 (s 2 (3)) Note This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41. Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.46 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.46 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.30 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.30 commenced 2 June 2005 (s 2 (1)) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.15 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.15 commenced 23 November 2005 (s 2) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.23 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.23 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.19 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 2 pt 2.19 commenced 29 September 2006 (s 2 (1)) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.14 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.14 commenced 16 November 2006 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.11 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.11 commenced 6 September 2007 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.32 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.32 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 2 pt 2.9 notified LR 5 October 2010 s 1, s 2 commenced 5 October 2010 (LA s 75 (1)) s 3 commenced 6 October 2010 (s 2 (1)) sch 2 pt 2.9 commenced 2 November 2010 (s 2 (2)) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.26 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.26 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.86 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.86 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Name of Acts 1 sub A2006-42 amdt 3.84 Dictionarys 2 om A2001-44 amdt 1.2275 ins A2006-42 amdt 3.85 Notess 3 orig s 3 om A2006-42 amdt 3.85 def legal practitioner am A1997-96 sch 1 om A2006-42 amdt 3.85 def magistrate sub A2005-20 amdt 3.180 om A2006-42 amdt 3.85 pres s 3 (prev s 3A) ins A2005-53 amdt 1.78 renum as s 3 A2006-42 amdt 3.86 Offences against Act--application of Criminal Code etcs 3A orig s 3A renum as s 3 pres s 3A (prev s 3B) ins A2005-53 amdt 1.78 renum as s 3A A2006-42 amdt 3.86 Offences against Act--application of Criminal Code etcs 3B renum as s 3A Removal of judicial officers 5 am A2006-42 amdt 3.87, amdt 3.88, amdts 3.116-3.118; A2011-3 amdt 3.263, amdt 3.264 Constitution of judicial commissions 6 sub A2006-42 amdt 3.89 Memberss 7 am A2006-42 amdt 3.90 Remuneration and allowancess 9 om A1997-41 sch 1 Cessations 10 am A2006-42 amdt 3.91 Resignations 11 om A2006-42 amdt 3.92 Staffs 13 am A1994-38 sch 1 pt 49; A2011-22 amdt 1.263 Judicial officer excuseds 19 am A2006-42 amdts 3.93-3.95; A2011-3 amdt 3.265 Functions of officers who have been excuseds 20 am A2006-42 amdts 3.96-3.98 Reports of commissions 22 am A2006-42 amdt 3.116 Tabling reportss 23 am A1998-54 sch; A2006-42 amdt 3.99, amdt 3.100, amdt 3.116 Statement by judicial officers 24 am A2006-42 amdt 3.101, amdt 3.102, amdt 3.118 Proceedings of commissionsdiv 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA Counsel assisting commissions 26 am A1997-96 sch 1; A2006-42 amdt 3.117 Protection of members etcs 27 am A2005-53 amdt 1.79; A2006-42 amdt 3.103, amdt 3.117 Nondisclosure of information by memberss 28 am A1997-96 sch 1; A1998-54 sch; A2006-42 amdt 3.104, amdt 3.105, amdt 3.117 Disclosure of information by commissions 29 am A2006-42 amdt 3.106 Outstanding matterss 30 am A2006-42 amdt 3.107 Evidencediv 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA Privileges against selfincrimination and exposure to civil penaltys 32 sub A2005-53 amdt 1.80 Powersdiv 5.3 hdg (prev pt 5 div 3 hdg) renum R2 LAdiv 5.3 hdg note ins A2006-42 amdt 3.108 Medical examination of judicial officers 35 am A2006-42 amdt 3.109 Additional powerss 36 om A2006-42 amdt 3.110 Hearingsdiv 5.4 (prev pt 5 div 4 hdg) renum R2 LA Power to holds 37 am A2006-42 amdt 3.118 Conduct of hearings 39 sub A2006-42 amdt 3.111 Appearance and representations 40 am A2006-42 amdt 3.117 Presence of people at private hearings 41 hdg am A2006-42 amdt 3.118s 41 am A1997-96 sch 1; A2006-42 amdt 3.117 Examination of witnessess 42 am A1997-96 sch 1; A2006-42 amdt 3.117 Powers in relation to witnesses etcs 43 am A2001-44 amdt 1.2276 sub A2005-53 amdt 1.81 Appearance by audiovisual or audio linkss 43A ins A1999-22 s 16 am A2000-17 s 3 sch 1; A2010-40 amdt 2.15 Apprehension of witnesses failing to appears 44 am A1998-67 s 24; A2005-53 amdt 1.82; A2006-23 amdt 1.206 Obstruction of authorised personss 45 am A1998-54 sch om A2004-15 amdt 2.101 Failure of witnesses to attend or produce documentss 46 am A1998-54 sch om A2005-53 amdt 1.83 Refusal to be sworn or give evidences 47 am A1998-54 sch om A2005-53 amdt 1.83 False evidences 48 am A1998-54 sch om A2005-53 amdt 1.83 Improper dealings with documentss 49 am A1998-54 sch om A2005-53 amdt 1.83 Intimidation or dismissal of witnessess 50 am A1998-54 sch om A2005-53 amdt 1.83 Preventing witnesses from attendings 51 am A1998-54 sch om A2005-53 amdt 1.83 Bribery of witnessess 52 am A1998-54 sch om A2005-53 amdt 1.83 Fraud on witnessess 53 am A1998-54 sch om A2005-53 amdt 1.83 Contempt of commissions 54 am A1998-54 sch om A2005-53 amdt 1.83 Miscellaneouspt 6 hdg orig pt 6 hdg om A2005-53 amdt 1.83 (prev pt 7 hdg) renum A2005-53 amdt 1.86 Application of Criminal Code, ch 7s 55 am A1997-96 sch 1; A1998-54 sch om A2005-53 amdt 1.83 ins A2005-53 amdt 1.84 Contempt of commissions 56 am A1998-54 sch om A2005-53 amdt 1.83 ins A2005-53 amdt 1.84 Protection of Attorney-General and other officerss 58 am A2006-42 amdt 3.112 No proceeding to be broughts 60 am A2006-40 amdt 2.114 Reports of proceedings--protections 61 sub A2007-22 amdt 1.34 References to subpoenas 61A ins A2005-53 amdt 1.85 exp 23 November 2006 (s 61A (2)) Approved formss 62 sub A2001-44 amdt 1.2277 am A2006-42 amdt 3.113, amdt 3.114 Regulation-making powers 63 ins A2001-44 amdt 1.2277 Miscellaneouspt 7 hdg renum as pt 6 hdg Dictionarydict ins A2006-42 amdt 3.115 am A2008-36 amdt 1.365; A2011-22 amdt 1.264 def authorised person ins A2006-42 amdt 3.115 def commission ins A2006-42 amdt 3.115 def complaint ins A2006-42 amdt 3.115 def general president ins A2008-36 amdt 1.366 def head of jurisdiction ins A2006-42 amdt 3.115 am A2008-36 amdt 1.367 def judge ins A2006-42 amdt 3.115 def judicial officer ins A2006-42 amdt 3.115 am A2008-36 amdt 1.368 def magistrate ins A2006-42 amdt 3.115 def member ins A2006-42 amdt 3.115 def premises ins A2006-42 amdt 3.115 def presidential member ins A2008-36 amdt 1.369 def presiding member ins A2006-42 amdt 3.115 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1998-67 28 February 1999 2 A2001-44 13 February 2002 2 (RI) A2001-44 + 11 February 2003 3 A2004-15 9 April 2004 4 A2005-20 2 June 2005 5 A2005-53 23 November 2005 6 A2006-23 2 June 2006 7 A2006-40 29 September 2006 8 A2006-42 16 November 2006 9 A2006-42 24 November 2006 10* A2007-22 6 September 2007 11 A2008-36 2 February 2009 12 A2010-40 2 November 2010 13 A2011-3 1 March 2011 + reissued for retrospective amendment made by A2002-49 (c) Australian Capital Territory 2011 JUDICIAL COMMISSIONS ACT 1994 - NOTES Australian Capital Territory A1994-9 Republication No 14 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Judicial Commissions Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Judicial Commissions Act 1994 Endnotes Australian Capital Territory Judicial Commissions Act 1994