JUDICIAL COMMISSION OF VICTORIA ACT 2016 (NO. 16 OF 2016)

Victorian Numbered Acts

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JUDICIAL COMMISSION OF VICTORIA ACT 2016 (NO. 16 OF 2016)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Disclosure considerations

PART 2--COMPLAINTS AND REFERRALS

5. Complaints
6. Complaints by professional bodies
7. Referrals by head of jurisdiction
8. Referrals by Attorney-General
9. Referrals by the IBAC
10. Complaint or referral may be made despite other proceeding
11. Notification to the IBAC does not affect complaint or referral
12. Officer concerned not required to disqualify themselves from proceeding

PART 3--INVESTIGATIONS BY THE JUDICIAL COMMISSION

Division 1--Procedure in investigating complaints and referrals by Judicial Commission

13. Outcome of consideration of matter by Judicial Commission
14. Officer concerned to be given opportunity to respond if matter to be referred
15. Consultation with head of jurisdiction
16. Dismissal of complaints and referrals by Judicial Commission
17. Withdrawal of complaints and referrals
18. Judicial Commission must adjourn investigation of certain complaints or referrals
19. Referral to investigating panel, nominated head of jurisdiction or nominated person

Division 2--Notifications by Judicial Commission

20. Notification of head of jurisdiction
21. Notification of officer concerned
22. Notification of Attorney-General
23. Notification of complainant
24. Content of notice relating to assessable disclosures

Division 3--Notifications to the IBAC and the Victorian Inspectorate

25. Mandatory notification of corrupt conduct to the IBAC
26. Mandatory notification to the Victorian Inspectorate

Division 4--General powers and procedures of Judicial Commission

27. Request for further information
28. Powers as to court or tribunal documents
29. Requirement to undergo medical examination
30. Effect of failure to undergo medical examination
31. Power to adjourn investigation
32. Considerations when matter the subject of other investigation or legal proceedings

PART 4--INVESTIGATIONS BY AN INVESTIGATING PANEL

Division 1--Investigating panel procedure

33. Role of investigating panel
34. Outcome of investigating panel investigation
35. Dismissal of complaints and referrals by investigating panel
36. An investigating panel must adjourn investigation of certain complaints or referrals
37. Constitution of an investigating panel for making decisions
38. Consultation with head of jurisdiction
39. Report to Governor
40. Report to Attorney-General
41. Referral to nominated head of jurisdiction or nominated person
42. Requirements before making a report
43. Notification of officer concerned and Judicial Commission
44. Notification of head of jurisdiction
45. Notification of Attorney-General
46. Notification of complainant
47. Content of notice relating to assessable disclosures

Division 2--Notifications to the IBAC and the Victorian Inspectorate

48. Notification to the IBAC by an investigating panel
49. Notification to the Victorian Inspectorate by an investigating panel
50. Extension or referral of matter

PART 5--INVESTIGATION POWERS AND PROCEDURES

Division 1--General powers and procedures of investigating panels

51. Investigating panel proceedings
52. General requirements
53. Investigating panel may engage Australian lawyer to assist
54. Request for further information
55. Hearings and written submissions
56. Powers as to court or tribunal documents
57. Requirement to undergo medical examination
58. Effect of failure to undergo medical examination
59. Power to adjourn investigation
60. Considerations when matter the subject of other investigation or legal proceedings

Division 2--Hearings

61. Notice of hearing
62. Hearing procedure
63. Offence to be present at closed hearing
64. Protection of lawyers and witnesses
65. Notification of certain matters to the Judicial Commission
66. Notification of certain matters to the Victorian Inspectorate
67. Copies of particular guidelines to be provided to Victorian Inspectorate
68. Request for information by the Victorian Inspectorate

Division 3--Additional powers

69. Power to require production of documents
70. Witness summons
71. Content and form of witness summons
72. Witness summons directed to person under 16 years
73. Service of witness summons
74. Supreme Court may order service by other means
75. Witness already held in custody
76. Specific provisions relating to witnesses
77. Actions to be taken before questioning of a witness or requiring production of a document or other thing
78. Power to examine on oath or affirmation
79. Offence for summoned witness to fail to attend hearing
80. Offence for summoned witness to refuse or fail to answer question
81. Offence for summoned witness to fail to produce document or thing
82. Offence for summoned witness to fail to take oath or make affirmation
83. Allowances for compliance with witness summons

Division 4--Search warrant powers

84. Search warrant
85. Search warrant in relation to court or VCAT premises
86. Procedure for executing a search warrant
87. Copies or receipts to be given for documents or other things
88. Return of documents and other things
89. Assistance in executing search warrants

Division 5--Privilege

90. Privilege against self-incrimination abrogated
91. Journalist privilege does not apply
92. Procedure for determining claims of privilege—notice requiring production or witness summons
93. Procedure for determining privilege—search warrants
94. Application to Supreme Court to determine privilege
95. Determination of claim
96. Offence to open sealed envelope or have access to document or thing

PART 6--FURTHER PROVISIONS FOR INVESTIGATIONS

Division 1--Standing down

97. Standing down of certain judicial officers or non-judicial members of VCAT by principal head of jurisdiction
98. Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel
99. Effect of standing down of certain judicial officers and non-judicial members of VCAT
100. Effect of standing down of judicial officer under section 98(2)(b)
101. Consultation requirements
102. Alteration to or revocation of standing down
103. Reinstatement of officers concerned

Division 2--Relevant council of judges procedure for standing down determination

104. Determination by relevant council of judges
105. Meeting of relevant council of judges to make determination

Division 3--Process for medical examinations

106. Conduct of medical examination
107. Report after medical examination
108. Further medical report may be provided by officer

Division 4--Nominating head of jurisdiction or other person

109. Power to nominate additional head of jurisdiction
110. Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate

Division 5--Statement of reasons

111. Person not entitled to statement of reasons

Division 6--Costs

112. Costs

PART 7--ACTION TO BE TAKEN ON REFERRAL BY JUDICIAL COMMISSION OR AN INVESTIGATING PANEL

Division 1--Preliminary

113. Definition
114. Functions of head of jurisdiction not limited

Division 2--Referrals and reports to nominated head of jurisdiction or nominated person

115. Actions on receiving Judicial Commission report
116. Matters to be taken into account in making decision as to action
117. Procedures on making a decision as to action
118. Where there is more than one nominated head of jurisdiction
119. Notice of action to be given to complainant or referrer

Division 3--Report as to removal of non-judicial member of VCAT

120. Power to recommend removal of non-judicial member of VCAT on receiving report
121. Power of Governor in Council to remove non-judicial member of VCAT

PART 8--ADMINISTRATION

Division 1--The Judicial Commission and the Board

122. Delegation by Judicial Commission
123. Acting judicial members of the Board
124. Acting appointed members of the Board
125. Meetings of the Board
126. Decisions and proceedings of the Board
127. Application of provisions of Part 5 of the Public Administration Act 2004

Division 2--Director and staff of Judicial Commission

128. Appointment of Director
129. Functions of Director
130. Removal of Director from office
131. Delegation by Director
132. Acting Director
133. Engagement of consultants

Division 3--Guidelines and reports

134. Guidelines
135. Annual report of the Judicial Commission

Division 4--Miscellaneous

136. Immunity of members of the Board
137. Immunity of member of an investigating panel
138. Use and disclosure of information
139. Release of information to public

PART 9--GENERAL

140. Vexatious complainants
141. Offence to make statement which is false or misleading
142. Disclosure of information
143. Exemption from Freedom of Information Act 1982
144. Exemption from Health Records Act 2001
145. Exemption from Privacy and Data Protection Act 2014
146. Regulations
147. Savings and transitional provisions

PART 10--AMENDMENT OF CONSTITUTION ACT 1975

148. Repeal of section 81A(2)
149. As to pensions of Judges of the Supreme Court and their partners and children
150. Judges not to hold any other place of profit
151. New Division heading inserted
152. Definitions
153. New Division heading inserted
154. Removal from judicial office
155. Repeal of sections 87AAC to 87AAH
156. New Divisions 3 to 6 of Part IIIAA inserted

PART 11--AMENDMENT OF OTHER ACTS

Division 1--Amendment of Court Services Victoria Act 2014

157. Definitions
158. Function of Court Services Victoria
159. Functions and powers
160. Budget

Division 2--Amendment of Independent Broad-based Anti-corruption Commission Act 2011

161. Definitions
162. Definitions of public body, public officer and public sector
163. Directions
164. Referral of complaint or notification for investigation by another person or body
165. New section 74A inserted
166. Withdrawal of referred complaint or notification

Division 3--Amendment of Protected Disclosure Act 2012

167. Definitions
168. Disclosure of improper conduct or detrimental action
169. Disclosures that must be made to the IBAC
170. Disclosures that must be made to the IBAC or the Victorian Inspectorate
171. New section 16A inserted
172. Notification of disclosure to the IBAC by other entities
173. Circumstances in which information may be disclosed
174. Review of procedures
175. Review of procedures established by the IBAC and the Ombudsman
176. Offence to disclose certain advice

Division 4--Amendment of Victorian Inspectorate Act 2011

177. Definitions
178. Objects of Act
179. Functions of the Victorian Inspectorate
180. New section 85A inserted
181. Recommendations must not include information likely to identify person who makes an assessable disclosure
182. Special reports
183. Outcome of investigation
184. Matters to be included in annual report
185. Exemption from Freedom of Information Act 1982

Division 5--Amendment of other Acts

186. Children, Youth and Families Act 2005—Definitions
187. Children, Youth and Families Act 2005—New section 509A inserted
188. Children, Youth and Families Act 2005—Repeal of sections 542G to 542I
189. Coroners Act 2008—New section 95A inserted
190. Coroners Act 2008—Repeal of sections 102G to 102I
191. County Court Act 1958—New section 8E
192. County Court Act 1958—Repeal of section 12A(2)
193. County Court Act 1958—Provision for pensions to County Court judges and their partners
194. County Court Act 1958—Pension entitlements of associate judges, their partners and children
195. County Court Act 1958—Repeal of sections 17R to 17T
196. County Court Act 1958—Council of Judges
197. Magistrates' Court Act 1989—Repeal of section 9B(2)
198. Magistrates' Court Act 1989—New section 12A inserted
199. Magistrates' Court Act 1989—Council of magistrates
200. Magistrates' Court Act 1989—Repeal of sections 16F to 16H
201. Ombudsman Act 1973—Definitions
202. Ombudsman Act 1973—Disclosure of information by the Ombudsman
203. Ombudsman Act 1973—Amendment of Schedules 2 and 3
204. Parliamentary Committees Act 2003—Definitions
205. Parliamentary Committees Act 2003—Accountability and Oversight Committee
206. Public Administration Act 2004—Definition
207. Supreme Court Act 1986—Arrangement of business of Court of Appeal
208. Supreme Court Act 1986—Council of Judges
209. Supreme Court Act 1986—New Division 5A inserted
210. Supreme Court Act 1986—Pension entitlements of Associate Judges, their partners and children
211. Supreme Court Act 1986—Repeal of sections 113I to 113K
212. Victorian Civil and Administrative Tribunal Act 1998

Division 6--Repeal of amending Parts

213. Repeal of Part 10 and this Part

PART 12--AMENDMENT OF THIS ACT

Division 1--Amendments relating to dual commission holders

214. Definition
215. Effect of standing down of judicial officer under section 98(2)(b)
216. Meeting of relevant council of judges to make determination

Division 2--Repeal of Part 12

217. Repeal of Part 12
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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