Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An allegation
about the Commissioner must not be received by the Commission.
(2) An allegation
about a person in his or her capacity as the Parliamentary Inspector, or an
officer of the Parliamentary Inspector, must not be received or initiated by
the Commission.
(3) An allegation
about a person in his or her capacity as the holder of a judicial office must
not be received or initiated by the Commission unless the allegation relates
to —
(a) the
commission or attempted commission of;
(b) the
incitement of the commission of; or
(c) a
conspiracy to commit,
an offence under
section 121 of The Criminal Code or is of a kind that, if established,
would constitute grounds for removal from judicial office.
(4) The Commission,
when performing its functions in relation to the conduct of a holder of
judicial office must proceed having proper regard for preserving the
independence of judicial officers.
(5) When investigating
a holder of judicial office, the Commission must act in accordance with
conditions and procedures formulated in continuing consultation with the Chief
Justice.
(6) In this
section —
holder of a judicial office has the same meaning
as it has in section 121 of The Criminal Code .
[Section 27 inserted by No. 78 of 2003
s. 17.]