Australian Capital Territory Numbered Acts

JUDICIAL COMMISSIONS ACT 1994 (NO 9 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Judicial Commissions Act 1994.  
   2.      This Act commences on the day on which it is notified in the Gazette.  
   3.      In this Act, unless the contrary intention appears—“authorised person” means a person, or a person included in a class of persons, declared in writing by the presiding member to be an authorised person or class of persons for the purposes of this Act; “Chief Police Officer” means the police officer who is responsible for the day-to-day administration and control of police services in the Territory; “Commission”—  

   PART II--TENURE OF JUDICIAL OFFICE TENURE

   4.      A judicial officer shall not be removed from office except in accordance with this Act.  

   PART III--JUDICIAL COMMISSIONS CONSTITUTION

   6.      A Judicial Commission shall consist of a presiding member and 2 other members appointed in writing by the Executive.  
   8.      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.  
   10.     A member ceases to hold office as a member—  
   11.     A person may resign as a member or as the presiding member by writing signed by the person and delivered to the Attorney-General.  
   12.     The Executive may terminate the appointment of a member for misbehaviour or physical or mental incapacity.  

   PART IV--COMPLAINTS AGAINST JUDICIAL OFFICERS

   15.     The Attorney-General shall, as soon as practicable after receiving a complaint (other than a complaint to which subsection 17 (1) applies), inform—  
   17.     (1) The Attorney-General may decline to take any action under this Act in respect of a complaint if the Attorney-General considers—  
   18.     If the Legislative Assembly passes a resolution for the examination of a complaint in respect of a judicial officer by a Judicial Commission, the Executive shall 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.  
   22.     (1) After completing an examination of a complaint, a Commission shall—  

   PART V--PROCEEDINGS OF COMMISSIONS

   26.     A Commission may appoint a legal practitioner to assist the Commission as counsel, either generally or in relation to a particular matter.  
   29.     Where, 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 furnish the evidence to—  
   31.     In conducting its proceedings, a Commission—  
   32.     A statement or disclosure made, or a document or other thing produced, by a witness in the course of giving evidence before a Commission, or any information, document or thing obtained as a direct or indirect consequence of the making of the statement or disclosure, or of the production of the first-mentioned document or thing, is not (except in proceedings for an offence against this Act) admissible in evidence against that witness in any civil or criminal proceedings.  
   36.     A Commission has power to do all things necessary or incidental to the performance of its functions.  
   38.     The presiding member shall preside at a hearing.  
   39.     Except as otherwise provided by this Act, the procedure at a hearing shall be determined by the Commission.  
   41.     Where a hearing is being held in private, a person shall not be present at the hearing unless the person is—  
   42.     At a hearing—  

   PART VI--OFFENCES OBSTRUCTION OF AUTHORISED PERSONS

   45.     A person shall not, without reasonable excuse, obstruct or hinder a police officer or an authorised person in the exercise of his or her powers under section 33.  
   48.     A person shall not, at a hearing before a Commission, knowingly give evidence that is false or misleading in a material particular.  
   49.     A person, knowing or having reasonable grounds for believing that a document or other thing is or may be required in evidence before a Commission, shall not wilfully—  
   51.     A person shall not wilfully prevent a person who has been summoned to attend as a witness before a Commission—  
   52.     A person shall not—  
   53.     A person shall not practise any fraud or deceit, or knowingly make or exhibit any false statement, representation, token or writing, to any person called or to be called as a witness before a Commission with intent to affect the testimony of that person as a witness.  
   54.     A person shall not—  

   PART VII--MISCELLANEOUS VEXATIOUS COMPLAINTS

   58.     A person who is or has been—  
   60.     No proceedings for an injunction, declaration or writ of mandamus, prohibition or certiorari shall be brought in relation to—  
   61.     No action or proceeding, civil or criminal, lies against a person in respect of the publication of a fair and accurate report of the proceedings of a hearing before a Commission (except a publication in contravention of a direction under subsection 37 (3)).  
   62.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—