Judicial Commission of Victoria Act 2016 (Vic)

Version No. 008

Judicial Commission of Victoria Act 2016

No. 16 of 2016

Version incorporating amendments as at

31 December 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Disclosure considerations

Part 2—Complaints and referrals

5Complaints

6Complaints by professional bodies

7Referrals by head of jurisdiction

8Referrals by Attorney-General

9Referrals by the IBAC

10Complaint or referral may be made despite other proceeding

11Notification to the IBAC does not affect complaint or referral

12Officer 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

13Outcome of consideration of matter by Judicial Commission

14Officer concerned to be given opportunity to respond if matter to be referred

15Consultation with head of jurisdiction

16Dismissal of complaints and referrals by Judicial Commission

17Withdrawal of complaints and referrals

18Judicial Commission must adjourn investigation of certain complaints or referrals

19Referral to investigating panel, nominated head of jurisdiction or nominated person

Division 2—Notifications by Judicial Commission

20Notification of head of jurisdiction

21Notification of officer concerned

22Notification of Attorney-General

23Notification of complainant

24Content of notice relating to assessable disclosures

Division 3—Notifications to the IBAC, the Victorian Inspectorate and the Parliamentary Workplace Standards and Integrity Commission

25Mandatory notification of corrupt conduct to the IBAC

26Mandatory notification to the Victorian Inspectorate

26ANotification to the Parliamentary Workplace Standards and Integrity Commission

Division 4—General powers and procedures of Judicial Commission

27Request for further information

28Powers as to court or tribunal documents

29Requirement to undergo medical examination

30Effect of failure to undergo medical examination

31Power to adjourn investigation

32Considerations when matter the subject of other investigation or legal proceedings

Part 4—Investigations by an investigating panel

Division 1—Investigating panel procedure

33Role of investigating panel

34Outcome of investigating panel investigation

35Dismissal of complaints and referrals by investigating panel

36An investigating panel must adjourn investigation of certain complaints or referrals

37Constitution of an investigating panel for making decisions

38Consultation with head of jurisdiction

39Report to Governor

40Report to Attorney-General

41Referral to nominated head of jurisdiction or nominated person

42Requirements before making a report

43Notification of officer concerned and Judicial Commission

44Notification of head of jurisdiction

45Notification of Attorney-General

46Notification of complainant

47Content of notice relating to assessable disclosures

Division 2—Notifications to the IBAC, the Victorian Inspectorate and the Parliamentary Workplace Standards and Integrity Commission

48Notification to the IBAC by an investigating panel

49Notification to the Victorian Inspectorate by an investigating panel

49ANotification to the Parliamentary Workplace Standards and Integrity Commission

50Extension or referral of matter

Part 5—Investigation powers and procedures

Division 1—General powers and procedures of investigating panels

51Investigating panel proceedings

52General requirements

53Investigating panel may engage Australian lawyer to assist

54Request for further information

55Hearings and written submissions

56Powers as to court or tribunal documents

57Requirement to undergo medical examination

58Effect of failure to undergo medical examination

59Power to adjourn investigation

60Considerations when matter the subject of other investigation or legal proceedings

Division 2—Hearings

61Notice of hearing

62Hearing procedure

63Offence to be present at closed hearing

64Protection of lawyers and witnesses

65Notification of certain matters to the Judicial Commission

66Notification of certain matters to the Victorian Inspectorate

67Copies of particular guidelines to be provided to Victorian Inspectorate

68Request for information by the Victorian Inspectorate

Division 3—Additional powers

69Power to require production of documents

70Witness summons

71Content and form of witness summons

72Witness summons directed to person under 16 years

73Service of witness summons

74Supreme Court may order service by other means

75Witness already held in custody

76Specific provisions relating to witnesses

77Actions to be taken before questioning of a witness or requiring production of a document or other thing

78Power to examine on oath or affirmation

79Offence for summoned witness to fail to attend hearing

80Offence for summoned witness to refuse or fail to answer question

81Offence for summoned witness to fail to produce document or thing

82Offence for summoned witness to fail to take oath or make affirmation

83Allowances for compliance with witness summons

Division 4—Search warrant powers

84Search warrant

85Search warrant in relation to court or VCAT premises

86Procedure for executing a search warrant

87Copies or receipts to be given for documents or other things

88Return of documents and other things

89Assistance in executing search warrants

Division 5—Privilege

90Privilege against self-incrimination abrogated

91Journalist privilege does not apply

92Procedure for determining claims of privilege—notice requiring production or witness summons

93Procedure for determining privilege—search warrants

94Application to Supreme Court to determine privilege

95Determination of claim

96Offence to open sealed envelope or have access to document or thing

Part 6—Further provisions for investigations

Division 1—Standing down

97Standing down of certain judicial officers or non‑judicial members of VCAT by principal head of jurisdiction

98Standing down of officer concerned on recommendation of Judicial Commission or an investigating panel

99Effect of standing down of certain judicial officers and non‑judicial members of VCAT

100Effect of standing down of judicial officer under section 98(2)(b)

101Consultation requirements

102Alteration to or revocation of standing down

103Reinstatement of officers concerned

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

104Determination by relevant council of judges

105Meeting of relevant council of judges to make determination

Division 3—Process for medical examinations

106Conduct of medical examination

107Report after medical examination

108Further medical report may be provided by officer

Division 4—Nominating head of jurisdiction or other person

109Power to nominate additional head of jurisdiction

110Power to nominate person for Chief Justice, Chief Judge or Chief Magistrate

Division 5—Statement of reasons

111Person not entitled to statement of reasons

Division 6—Costs

112Costs

Part 7—Action to be taken on referral by Judicial Commission or an investigating panel

Division 1—Preliminary

113Definition

114Functions of head of jurisdiction not limited

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

115Actions on receiving Judicial Commission report

116Matters to be taken into account in making decision as to action

117Procedures on making a decision as to action

118Where there is more than one nominated head of jurisdiction

119Notice of action to be given to complainant or referrer

Division 3—Report as to removal of non‑judicial member of VCAT

120Power to recommend removal of non-judicial member of VCAT on receiving report

121Power of Governor in Council to remove non‑judicial member of VCAT

Part 8—Administration

Division 1—The Judicial Commission and the Board

122Delegation by Judicial Commission

123Acting judicial members of the Board

124Acting appointed members of the Board

125Meetings of the Board

126Decisions and proceedings of the Board

127Application of provisions of Part 5 of the Public Administration Act 2004

Division 2—Director and staff of Judicial Commission

128Appointment of Director

129Functions of Director

130Removal of Director from office

131Delegation by Director

132Acting Director

133Engagement of consultants

Division 3—Guidelines and reports

134Guidelines

135Annual report of the Judicial Commission

Division 4—Miscellaneous

136Immunity of members of the Board

137Immunity of member of an investigating panel

138Use and disclosure of information

139Release of information to public

Part 9—General

140Vexatious complainants

141Offence to make statement which is false or misleading

142Disclosure of information

143Exemption from Freedom of Information Act 1982

144Exemption from Health Records Act 2001

145Exemption from Privacy and Data Protection Act 2014

146Regulations

147Savings and transitional provisions

Schedule 1—Integrity bodies

Schedule 2—Savings and transitional provisions

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 008

Judicial Commission of Victoria Act 2016

No. 16 of 2016

Version incorporating amendments as at

31 December 2024

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Constitution Act 1975 to establish the Judicial Commission of Victoria under that Act; and

(b)to provide for investigations into judicial officers and non-judicial members of VCAT; and

(c)to make consequential and other amendments to other Acts.

2Commencement

(1)Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act (other than Part 12) does not come into operation before 1 July 2017, it comes into operation on that day.

(3)If a provision of Division 1 of Part 12 does not come into operation before 1 June 2017, it comes into operation on that day.

(4)If Division 2 of Part 12 does not come into operation before 1 June 2018, it comes into operation on that day.

3Definitions

(1)In this Act—

additional head of jurisdiction means—

(a)the President of VCAT for a judicial officer (other than the President of VCAT) appointed or assigned to VCAT; or

(b)the President of the Children's Court for a magistrate or a reserve magistrate who has been appointed or assigned to that Court; or

(c)the State Coroner for a magistrate or a reserve magistrate who has been appointed or assigned to the Coroners Court;

appointed member, of the Board, has the same meaning as in Part IIIAA of the Constitution Act 1975;

assessable disclosure has the same meaning as in the Public Interest Disclosures Act 2012;

Australian court means any of the following—

(a)a Victorian court;

(b)a court of another State;

(c)a court of a Territory;

(d)the High Court or another court of the Commonwealth;

Board has the same meaning as in Part IIIAA of the Constitution Act 1975;

coercive power means—

(a)in relation to an investigating panel—

(i)a power to require the officer concerned to undergo a medical examination under section 57; or

(ii)a power of an investigating panel to require the production of any document or thing under section 69; or

(iii)a power of an investigating panel to issue a witness summons; or

(iv)a power of a member of an investigating panel to examine a person under oath or by affirmation under section 78; or

(v)the power to apply for a search warrant under section 84; or

(b)in relation to the Judicial Commission, a power to require the officer concerned to undergo a medical examination under section 29;

complaint means a complaint made under section 5 or 6;

corrupt conduct has the meaning given by section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;

Director means the Director of the Judicial Commission appointed by the Chief Executive Officer of Court Services Victoria under section 128;

disclosure considerations has the meaning given by section 4;

head of jurisdiction, in relation to a judicial officer or non-judicial member of VCAT, means a person who is a principal head of jurisdiction or an additional head of jurisdiction for that officer;

IBAC means the Independent Broad-based Anti‑corruption Commission established by section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel means—

(a)an IBAC Officer within the meaning of section 3 of the Independent Broad-based Anti-corruption Commission Act 2011; or

(b)a person who was formerly an IBAC Officer within the meaning of that Act;

integrity body means a person or body specified in Schedule 1;

investigating panel has the same meaning as in Part IIIAA of the Constitution Act 1975;

Judicial Commission has the same meaning as in Part IIIAA of the Constitution Act 1975;

Judicial Commission officer means—

(a)a member or acting member of the Board; or

(b)the Director or Acting Director of the Judicial Commission; or

(c)an employee referred to in section 36 of the Court Services Victoria Act 2014 who provides assistance to the Judicial Commission, an investigating panel or the Director; or

(d)a person engaged by the Judicial Commission under section 133;

Judicial Commission report—see section 113;

judicial member, of the Board, has the same meaning as in Part IIIAA of the Constitution Act 1975;

judicial officer has the same meaning as in Part IIIAA of the Constitution Act 1975;

law enforcement agency means—

(a)Victoria Police; or

(b)the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013; or

(c)the Environment Protection Authority established under section 5 of the Environment Protection Act 1970; or

(d)the Australian Federal Police; or

(e)the police force or police service (however described) of another State or Territory; or

(f)a person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of a body referred to in paragraph (b) or (c); or

(g)any other prescribed person or body which has a law enforcement function;

Law Institute means the Law Institute of Victoria Limited ACN 075 475 731;

medical examination means any physical, psychological, psychiatric or other medical examination;

medical test includes diagnostic imaging and any test that requires the provision by a person of blood, bodily fluids or human tissue;

member, in relation to VCAT, has the same meaning as in section 3 of the Victorian Civil and Administrative Tribunal Act 1998;

nominated head of jurisdiction means—

(a)if the officer concerned is not a head of jurisdiction, the principal head of jurisdiction for that officer and, if an additional head of jurisdiction has been nominated under section 109, that additional head of jurisdiction; or

(b)if the officer concerned is the President of VCAT, the Chief Justice; or

(c)if the officer concerned is the President of the Children's Court or the State Coroner, the Chief Judge;

nominated person means, if the officer concerned is the Chief Justice, the Chief Judge or the Chief Magistrate, the person who has been nominated under section 110;

non-judicial member of VCAT means a member of VCAT who is not a judicial officer;

officer concerned, in relation to a complaint or referral, means the judicial officer or non‑judicial member of VCAT in respect of whom the complaint or referral is made;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

principal head of jurisdiction means—

(a)the Chief Justice for a judge (other than the Chief Justice), a reserve judge, an associate judge, a reserve associate judge or a judicial registrar of the Supreme Court; or

(b)the Chief Judge for a judge (other than the Chief Judge), a reserve judge, an associate judge, a reserve associate judge or a judicial registrar of the County Court; or

(c)the Chief Magistrate for a magistrate (other than the Chief Magistrate), a reserve magistrate or a judicial registrar of the Magistrates' Court; or

(d)the President of the Children's Court for a judicial registrar of that court; or

(e)the State Coroner for—

(i)a judicial registrar of the Coroners Court; or

(ii)a coroner who is not a judge of the County Court, a magistrate or a reserve magistrate; or

(f)the President of VCAT for a non-judicial member of VCAT;

prison means—

(a)a prison within the meaning of section 3(1) of the Corrections Act1986; or

(b)a youth justice facility within the meaning of section 482A of the Children, Youth and Families Act2005;

privilege means—

(a)any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than—

(i)the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008; or

(ii)the privilege against self‑incrimination; or

(b)public interest immunity;

*                *                *                *                *

public interest complaint means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

referral means—

(a)a referral by a head of jurisdiction under section 7; or

(b)a referral by the Attorney-General under section 8;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than a student);

relevant council of judges means—

(a)in relation to a judicial officer of the Supreme Court, the Council of the Judges within the meaning of section 28 of the Supreme Court Act1986; or

(b)in relation to a judicial officer of the County Court (other than the Chief Judge if the Chief Judge is a dual commission holder), the Council of the Judges within the meaning of section 87 of the County Court Act1958; or

(c)in relation to the Chief Magistrate (unless the Chief Magistrate is a dual commission holder), the Council of the magistrates within the meaning of section 15 of the Magistrates' Court Act 1989; or

(d)in relation to the Chief Judge who is a dual commission holder, the Council of Judges within the meaning of section 28 of the Supreme Court Act1986; or

(e)in relation to the Chief Magistrate who is a dual commission holder, the Council of the Judges within the meaning of section 28 of the Supreme Court Act 1986;

staff of the Judicial Commission means—

(a)employees referred to in section 36 of the Court Services Victoria Act 2014 who provide assistance to the Judicial Commission, an investigating panel or the Director; and

(b)persons engaged by the Judicial Commission under section 133;

vexatious complainant means a person in respect of whom a declaration under section 140 is in force;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

Victorian Bar means Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012;

Victorian court means any of the following—

(a)the Supreme Court;

(b)the County Court;

(c)the Magistrates' Court;

(d)the Children's Court;

(e)the Coroners Court;

Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011;

witness summons means a summons issued under section 70.

(2)In this Act—

(a)a reference to a function includes a reference to a power and a duty; and

(b)a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty; and

(c)a reference to the functions of a judicial officer or non-judicial member of VCAT includes a reference to any functions of an office to which the person is appointed or assigned or which the person holds including the following—

(i)in the case of an appointment as head of jurisdiction, the functions as head of jurisdiction;

(ii)in the case of an appointment or assignment of a judicial officer to another court or tribunal, any functions as a member of that court or tribunal.

4Disclosure considerations

In this Act, a reference to the disclosure considerations is a reference to the following—

(a)ensuring a transparent and accountable process for investigating the performance of functions of judicial officers or non-judicial members of VCAT;

(b)maintaining present and future public confidence in the Victorian courts, VCAT and the Victims of Crime Assistance Tribunal established under the Victims of Crime Assistance Act 1996;

(c)protecting the privacy and safety of an individual;

(d)preventing disruption to the orderly administration of justice.

PART 2—COMPLAINTS AND REFERRALS

5Complaints

A person may make a complaint to the Judicial Commission about the conduct or capacity of a judicial officer or a non-judicial member of VCAT.

Note

The guidelines made under section 134 may set out the procedure for making a complaint.

6Complaints by professional bodies

(1)The Law Institute may make a complaint to the Judicial Commission on behalf of a member of the Law Institute about the conduct or capacity of a judicial officer or a non-judicial member of VCAT.

(2)The Victorian Bar may make a complaint to the Judicial Commission on behalf of a member of the Victorian Bar about the conduct or capacity of a judicial officer or a non-judicial member of VCAT.

Note

The guidelines made under section 134 may set out the procedure for a professional body making a complaint on behalf of a person.

(3)The Law Institute or the Victorian Bar—

(a)is not required to disclose the identity of the person on whose behalf a complaint is made under this section; and

(b)is taken to be the complainant if the Law Institute or the Victorian Bar make a complaint under this section.

7Referrals by head of jurisdiction

(1)A head of jurisdiction of a court may make a referral to the Judicial Commission about the conduct or capacity of a judicial officer of the court.

(2)The President of VCAT may make a referral to the Judicial Commission about the conduct or capacity of a member of VCAT.

Note

The guidelines made under section 134 may set out the procedure for making a referral.

8Referrals by Attorney-General

The Attorney-General may make a referral to the Judicial Commission about the conduct or capacity of a judicial officer or a non-judicial member of VCAT.

Note

The guidelines made under section 134 may set out the procedure for making a referral.

9Referrals by the IBAC

(1)A complaint or notification to the IBAC or a matter that is referred to the Judicial Commission under section 73, 73A or 74A of the Independent Broad-based Anti-corruption Commission Act 2011 is taken to be a complaint made to the Judicial Commission under section 5.

(2)For the purposes of dealing with a complaint referred to in subsection (1), the following is taken to be the complainant—

(a)in the case of a complaint to the IBAC, the person who made the complaint or, if the complaint is a public interest complaint, the person who made the disclosure;

(b)in the case of a notification to the IBAC, the IBAC;

(c)in the case of a matter that is referred under section 74A of the Independent Broad-based Anti-corruption Commission Act 2011, the IBAC.

10Complaint or referral may be made despite other proceeding

A complaint or referral may be made even though the matter is or has been—

(a)the subject of an investigation by Victoria Police or any other law enforcement agency, an integrity body or other regulatory body; or

(b)the subject of legal proceedings in an Australian court or a tribunal in Australia.

11Notification to the IBAC does not affect complaint or referral

A notification to the IBAC under section 21 of the Public Interest Disclosures Act 2012 of a complaint or referral made under this Act does not affect the following powers of the Judicial Commission or an investigating panel in respect of that complaint or referral—

(a)the power of the Judicial Commission or an investigating panel to dismiss or refer the complaint or referral;

(b)the power of the Judicial Commission or an investigating panel to provide a report in respect of that complaint or referral.

12Officer concerned not required to disqualify themselves from proceeding

For the avoidance of doubt, the fact that a complaint or referral has been made or is made against a judicial officer or a non-judicial member of VCAT who is conducting a proceeding does not, of itself, require the officer concerned to disqualify themselves from the proceeding.

PART 3—INVESTIGATIONS BY THE JUDICIAL COMMISSION

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

13Outcome of consideration of matter by Judicial Commission

(1)After considering a complaint or referral, the Judicial Commission must take action as set out in this section.

(2)The Judicial Commission—

(a)must dismiss the matter in whole or in part if section 16(1) applies; or

(b)must dismiss the matter in whole or in part if section 16(2) or (3) applies; or

(c)may dismiss the matter in whole or in part if section 16(4) applies.

(3)If the Judicial Commission has not dismissed the matter under subsection (2), the Judicial Commission must refer the complaint or referral to an investigating panel if—

(a)the Judicial Commission is of the opinion that the complaint or referral could, if substantiated, amount to proved misbehaviour or incapacity such as to warrant the removal of the officer; and

(b)the Judicial Commission has given the officer concerned an opportunity to respond to the complaint or referral.

(4)If the Judicial Commission has not dismissed the matter under subsection (2) or referred the matter to an investigating panel under subsection (3), the Judicial Commission must—

(a)give the officer concerned an opportunity to respond to the matter; and

(b)refer the matter to the nominated head of jurisdiction or nominated person for the officer concerned in accordance with section 19.

14Officer concerned to be given opportunity to respond if matter to be referred

(1)Before referring a matter to an investigating panel under section 13(3) or to the nominated head of jurisdiction or nominated person for the officer concerned under section 13(4), the Judicial Commission must give the officer concerned an opportunity to respond to the complaint or referral.

(2)For the purposes of subsection (1), the Judicial Commission must give the officer concerned written notice specifying—

(a)that a complaint has been made against the officer; and

(b)the details of the complaint or referral; and

(c)that the Judicial Commission is considering its options for the purposes of dealing with the complaint or referral which include referring the complaint or referral to—

(i)an investigating panel; or

(ii)the head of jurisdiction or nominated person for the officer concerned; and

(d)that the officer concerned may respond to the complaint or referral; and

(e)the date by when, or period of time within which, a response to the complaint or referral may be made and the manner in which any such response may be given.

15Consultation with head of jurisdiction

(1)Before referring a complaint or referral to a nominated head of jurisdiction or nominated person under section 13(4), the Judicial Commission must consult with any nominated head of jurisdiction or any nominated person for the officer concerned.

(2)The Judicial Commission may consult with a head of jurisdiction for the officer concerned in determining whether to make any other decision in relation to, or otherwise deal with, a complaint or referral.

16Dismissal of complaints and referrals by Judicial Commission

(1)The Judicial Commission must dismiss a complaint or referral, in whole or in part, unless the Judicial Commission is satisfied—

(a)the matter could, if substantiated, amount to proved misbehaviour or incapacity of the officer concerned such as to warrant the removal of the officer from office; or

(b)the matter warrants further consideration on the ground that—

(i)the matter may affect or have affected the performance of the officer's functions; or

(ii)the conduct of the officer may have infringed the standards of conduct generally expected of judicial officers or non-judicial members of VCAT (as the case requires).

(2)The Judicial Commission must dismiss a complaint or referral if—

(a)the complaint is made by a vexatious complainant; or

(b)the complaint or referral does not relate to a judicial officer or non-judicial member of VCAT.

(3)The Judicial Commission must dismiss a complaint or referral in whole or in part if the Judicial Commission is satisfied that—

(a)the matter relates to conduct of the officer concerned alleged to have taken place before the officer was appointed as a judicial officer or non-judicial member of VCAT, being conduct that, if substantiated, could not amount to proved misbehaviour or incapacity such as to warrant the removal of the officer from office; or

(b)the matter relates solely to the merits or lawfulness of a decision or procedural ruling made by the officer concerned; or

(c)the matter relates to the private life of the officer concerned and, if substantiated, could not be reasonably considered to affect or have affected—

(i)the performance of the officer's functions; or

(ii)the suitability of the officer to hold office as a judicial officer or non‑judicial member of VCAT; or

(d)in the case of a complaint, the complaint is frivolous, vexatious or not made in good faith; or

(e)the officer concerned has resigned or retired and is no longer a judicial officer or non-judicial member of VCAT.

(4)The Judicial Commission may dismiss a complaint or referral in whole or in part if the Judicial Commission is satisfied that—

(a)the complaint or referral has not been substantiated; or

(b)the matter occurred at too remote a time to justify further consideration; or

(c)having regard to all the circumstances of the case, investigation or further investigation of the complaint or referral is unnecessary or unjustified.

17Withdrawal of complaints and referrals

(1)Subject to subsection (3), a person may seek to withdraw a complaint or referral at any time.

(2)Subject to subsection (3), if a person seeks to withdraw a complaint or referral, the Judicial Commission may—

(a)take no further action on the complaint or referral; or

(b)if satisfied that it is in the public interest, continue to investigate the complaint or referral, despite the person seeking to withdraw it.

(3)The following complaints and referrals must not be withdrawn—

(a)a complaint that is a public interest complaint;

(b)a complaint or referral that has been referred to an investigating panel under section 13(3);

(c)a complaint or referral referred to a nominated head of jurisdiction or nominated person under section 13(4).

18Judicial Commission must adjourn investigation of certain complaints or referrals

(1)Subject to subsection (2), the Judicial Commission must adjourn the investigation of a complaint or referral or part of the complaint or referral if the Judicial Commission is satisfied that it relates to a court or VCAT proceeding—

(a)that is being heard by the officer concerned; or

(b)in which a judgment or decision of the officer concerned has not been handed down.

(2)The Judicial Commission may investigate a complaint or referral referred to in subsection (1) if—

(a)the matter that relates to the proceeding relates solely to a delay by the officer concerned in handing down a decision in the proceeding; or

(b)having regard to the seriousness of the matter and the urgency with which it must be dealt with, the principal head of jurisdiction agrees it is appropriate that the Judicial Commission deal with the matter.

(3)Subsection (1) does not prevent the Judicial Commission—

(a)dismissing the complaint or referral under section 13(2); or

(b)notifying the IBAC or the Victorian Inspectorate under Division 3 of the subject matter of the complaint or referral.

(4)The IBAC may at any time require by notice to the Judicial Commission the adjournment of an investigation of a complaint or referral by the Judicial Commission if the IBAC considers that adjournment of the investigation by the Judicial Commission is necessary having regard to the objects of the Independent Broad-based Anti‑corruption Commission Act 2011 and the functions of the IBAC.

(5)The Judicial Commission may resume an investigation that has been adjourned under subsection (4) if—

(a)the IBAC determines that the adjournment of the investigation by the Judicial Commission is no longer necessary; or

(b)the IBAC dismisses, completes or discontinues its investigation; or

(c)the IBAC and the Judicial Commission agree that the Judicial Commission may investigate some or all aspects of the matter.

(6)The IBAC must notify the Judicial Commission as soon as practicable if the IBAC has made a determination specified in subsection (5)(a) or dismissed, completed or discontinued an investigation that the Judicial Commission was required to adjourn under subsection (4).

19Referral to investigating panel, nominated head of jurisdiction or nominated person

(1)In referring a matter to an investigating panel under section 13(3), the Judicial Commission must provide the investigating panel with any information or documents that the Judicial Commission considers may assist the investigating panel to deal with the matter.

(2)If, after the referral of the matter to the investigating panel, any further information or documents come into the possession of the Judicial Commission that the Judicial Commission considers would assist the investigating panel to deal with the matter, the Judicial Commission must provide that information or those documents to the investigating panel.

(3)In referring a matter to the nominated head of jurisdiction or nominated person of the officer concerned under section 13(4), the Judicial Commission must provide—

(a)a report that sets out—

(i)the findings of fact of the Judicial Commission in the matter; and

(ii)the Judicial Commission's assessment of the appropriateness of the conduct that is the subject of the matter; and

(iii)the Judicial Commission's recommendations in relation to the future conduct of the officer concerned; and

(b)any information that the Judicial Commission has that it considers may assist the nominated head of jurisdiction or nominated person to deal with the matter.

Division 2—Notifications by Judicial Commission

20Notification of head of jurisdiction

(1)The Judicial Commission must give the head of jurisdiction of the officer concerned written notice of the dismissal of a complaint or referral under section 13(2).

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)The Judicial Commission must give the head of jurisdiction of the officer concerned written notice of a referral of a matter to an investigating panel under section 13(3).

(4)If the Judicial Commission gives a nominated head of jurisdiction a report under section 19(3), the Judicial Commission must give a copy of the report to any other head of jurisdiction of the officer concerned.

21Notification of officer concerned

(1)The Judicial Commission must give the officer concerned written notice of the dismissal of a complaint or referral under section 13(2).

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)The Judicial Commission must give the officer concerned—

(a)written notice of the referral of a matter to an investigating panel under section 13(3); and

(b)copies of any information or documents provided to an investigating panel under section 19(1).

(4)The Judicial Commission must give the officer concerned a copy of a report given under section 19(3).

22Notification of Attorney-General

(1)The Judicial Commission must give the Attorney‑General written notice of the dismissal under section 13(2) of a referral by the Attorney-General.

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)The Judicial Commission must give the Attorney‑General written notice of a referral

of a matter to an investigating panel under section 13(3).

(4)The Judicial Commission must give the Attorney‑General written notice of a referral

of a matter to the head of jurisdiction or nominated person for the officer concerned under section 13(4) if the matter was referred to the Judicial Commission by the Attorney-General.

(5)A notice under subsection (4) must—

(a)state that the Judicial Commission has referred the matter to the nominated head of jurisdiction or nominated person; and

(b)include the reasons for making the referral.

(6)Information must not be disclosed to the Attorney‑General under subsection (2) or (5)(b) if disclosure of that information would be contrary to the public interest having regard to the disclosure considerations.

23Notification of complainant

(1)The Judicial Commission must give the complainant written notice of the dismissal of a complaint under section 13(2).

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)The Judicial Commission must give the complainant written notice of a referral made under section 13(3) in relation to a complaint.

(4)The Judicial Commission must give the complainant written notice of a referral made under section 13(4) in relation to a complaint.

(5)A notice under subsection (4) must—

(a)state that the Judicial Commission has referred the matter to the nominated head of jurisdiction or nominated person; and

(b)include the reasons for making the referral.

(6)Information must not be disclosed to a complainant under subsection (2) or (5)(b) if disclosure of that information would be contrary to the public interest having regard to the disclosure considerations.

24Content of notice relating to assessable disclosures

The Judicial Commission must not include in a notice under section 14 or this Division any information that—

(a)is likely to lead to the identification of a person who has made an assessable disclosure; and

(b)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

Division 3—Notifications to the IBAC, the Victorian Inspectorate and the Parliamentary Workplace Standards and Integrity Commission

25Mandatory notification of corrupt conduct to the IBAC

(1)Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Judicial Commission must notify the IBAC of any matter of which the Judicial Commission becomes aware in the performance of functions under this Act or any other Act that the Judicial Commission suspects on reasonable grounds involves corrupt conduct occurring or having occurred.

(2)For the purposes of deciding whether to notify the IBAC under this section, the Judicial Commission may consult the IBAC.

26Mandatory notification to the Victorian Inspectorate

The Judicial Commission must notify the Victorian Inspectorate of any matter of which it becomes aware in the performance of functions under this Act or any other Act that—

(a)appears to involve—

(i)misconduct of or in relation to the IBAC or IBAC personnel; or

(ii)misconduct (other than corrupt conduct) of an Ombudsman officer within the meaning of the Ombudsman Act 1973, a VAGO officer within the meaning of the Audit Act 1994, or the Chief Examiner or an Examiner within the meaning of the Major Crime (Investigative Powers) Act 2004; and

(b)appears to be relevant to the functions of the Victorian Inspectorate.

26ANotification to the Parliamentary Workplace Standards and Integrity Commission

(1)Subject to subsection (2), the Judicial Commission may notify the Parliamentary Workplace Standards and Integrity Commission of any matter of which it becomes aware in the performance of functions under this Act or any other Act that appears to be relevant to the functions of the Parliamentary Workplace Standards and Integrity Commission.

(2)The Judicial Commission must not notify the Parliamentary Workplace Standards and Integrity Commission of a matter of which it is required to notify the IBAC or the Victorian Inspectorate under section 25 or 26.

Division 4—General powers and procedures of Judicial Commission

27Request for further information

(1)The Judicial Commission may request a person who has made a complaint—

(a)to give further information about the complaint or produce any document relevant to the complaint; and

(b)to verify the complaint or any further information or document provided under paragraph (a)—

(i)by statutory declaration; or

(ii)in any other manner specified by the Judicial Commission.

(2)The Judicial Commission may request a person who has made a referral to give further information about the referral or produce any document relevant to the referral.

(3)The Judicial Commission may take a statutory declaration from any person.

(4)A request for verification, further information or to produce a document under subsection (1) or (2) must be given in writing and allow a reasonable time for compliance.

28Powers as to court or tribunal documents

(1)For the purposes of investigating a complaint or referral, the Judicial Commission may request a Victorian court or VCAT to provide the following to the Judicial Commission—

(a)a copy of a transcript or recording of a hearing in the court or VCAT that is relevant to the matter;

(b)a copy of a court or tribunal file or any other document relating to a proceeding in the court or VCAT that is in the possession or control of the court or VCAT that is relevant to the matter.

(2)A Victorian court or VCAT is authorised to and may disclose information to the Judicial Commission if the Judicial Commission requests that information under subsection (1).

(3)A Victorian court or VCAT must provide reasons for not complying with a request under subsection (1).

29Requirement to undergo medical examination

(1)For the purpose of investigating a matter under this Part, the Judicial Commission may require the officer concerned—

(a)to undergo any medical examination by a registered medical practitioner that the Judicial Commission considers necessary; and

(b)to provide a copy of any report of any medical examination undertaken under paragraph (a).

(2)The Judicial Commission must not impose a requirement under subsection (1) unless it reasonably believes—

(a)that the officer concerned may be suffering from an impairment, disability, illness or condition that may significantly affect the officer's performance of their functions; and

(b)that the requirement is appropriate in all the circumstances.

(3)A requirement under subsection (1) must be in writing and must specify—

(a)the nature of the examination; and

(b)the medical practitioner or class of medical practitioner who is to carry out the examination; and

(c)a time limit within which the examination must take place.

(4)A person must not, without reasonable excuse, fail to comply with a requirement of the Judicial Commission under subsection (1).

30Effect of failure to undergo medical examination

In forming an opinion under section 13(3), the Judicial Commission may have regard to—

(a)any failure by the officer concerned, without reasonable excuse, to comply with—

(i)a requirement under section 29(1); or

(ii)a request by a registered medical practitioner under section 106 to undergo a medical test; and

(b)any other relevant factors.

Note

See Division 3 of Part 6 for the process for medical examinations.

31Power to adjourn investigation

The Judicial Commission may adjourn the conduct of an investigation under this Part—

(a)if the matter is the subject of an investigation being conducted by a law enforcement agency, a regulatory body or an integrity body; or

(b)if the matter arose out of or is the subject of a current legal proceeding in any Australian court or a tribunal in Australia; or

(c)for any other appropriate reason.

Note

The Judicial Commission may be required to adjourn the investigation of a matter. See section 18(4).

32Considerations when matter the subject of other investigation or legal proceedings

(1)If, in investigating a matter under this Part, the Judicial Commission is or becomes aware that the matter is the subject of an investigation being conducted by a law enforcement agency, regulatory body or an integrity body, the Judicial Commission must take reasonable steps to reduce the likelihood that the conduct of the investigation by the Judicial Commission may prejudice the investigation by the law enforcement agency, regulatory body or integrity body.

(2)If, in investigating a matter under this Part, the Judicial Commission is or becomes aware of a proceeding referred to in section 31(b), the Judicial Commission must take reasonable steps to reduce the likelihood that the conduct of the investigation by the Judicial Commission may prejudice that proceeding.

PART 4—INVESTIGATIONS BY AN INVESTIGATING PANEL

Division 1—Investigating panel procedure

33Role of investigating panel

The role of an investigating panel is to investigate a matter referred to it by the Judicial Commission which could, if substantiated, amount to proved misbehaviour or incapacity such as to warrant the removal of an officer concerned from office.

34Outcome of investigating panel investigation

(1)After investigating a matter, an investigating panel must take action as set out in this section.

(2)An investigating panel—

(a)must dismiss the matter if section 35(1) applies; or

(b)must dismiss the matter in whole or in part if section 35(2) or (3) applies; or

(c)may dismiss the matter in whole or in part if section 35(4) applies.

(3)An investigating panel may refer a matter to the nominated head of jurisdiction or nominated person for the officer concerned if the investigating panel—

(a)has not dismissed the matter under subsection (2); or

(b)has not reported the matter to the Governor under subsection (4); or

(c)has not reported the matter to the Attorney‑General under subsection (5).

(4)An investigating panel may prepare a report for the Governor and give a copy of that report to the Attorney-General under section 39 in respect of a judicial officer if the investigating panel forms the opinion that facts exist that could warrant the removal of that judicial officer on the grounds of misbehaviour or incapacity.

(5)An investigating panel may prepare a report for the Attorney-General in respect of a non-judicial member of VCAT if the investigating panel forms the opinion that facts exist that could warrant the removal of that VCAT member on the grounds of misbehaviour or incapacity.

35Dismissal of complaints and referrals by investigating panel

(1)An investigating panel must dismiss a complaint or referral if—

(a)the complaint is made by a vexatious complainant; or

(b)the complaint or referral does not relate to a judicial officer or non-judicial member of VCAT.

(2)An investigating panel must dismiss a complaint or referral in whole or in part if the investigating panel is satisfied that—

(a)the matter relates to conduct of the officer concerned alleged to have taken place before the officer was appointed as a judicial officer or non-judicial member of VCAT, being conduct that, if substantiated, could not amount to proved misbehaviour or incapacity such as to warrant the removal of the officer from office; or

(b)the matter relates solely to the merits or lawfulness of a decision or procedural ruling made by the officer concerned; or

(c)the matter relates to the private life of the officer concerned and, if substantiated, could not be reasonably considered to affect or have affected—

(i)the performance of the officer's functions; or

(ii)the suitability of the officer to hold office as a judicial officer or non-judicial member of VCAT; or

(d)in the case of a complaint, the complaint is frivolous, vexatious or not made in good faith; or

(e)the officer concerned has resigned or retired and is no longer a judicial officer or non-judicial member of VCAT.

(3)An investigating panel must dismiss a complaint or referral in whole or in part if the investigating panel is satisfied that—

(a)the matter occurred at too remote a time to justify further consideration; or

(b)having regard to all the circumstances of the case, investigation or further investigation of the complaint or referral is unnecessary or unjustified.

(4)An investigating panel may dismiss a complaint or referral if the investigating panel is satisfied that the complaint or referral has not been substantiated.

36An investigating panel must adjourn investigation of certain complaints or referrals

(1)Subject to subsection (2), an investigating panel must adjourn the investigation of a complaint or referral or part of the complaint or referral if the investigating panel is satisfied that it relates to a court or VCAT proceeding—

(a)that is being heard by the officer concerned; or

(b)in which a judgment or decision of the officer concerned has not been handed down.

(2)An investigating panel may investigate a complaint or referral referred to in subsection (1) if—

(a)the matter that relates to the proceeding relates solely to a delay by the officer concerned in handing down a decision in the proceeding; or

(b)having regard to the seriousness of the matter and the urgency with which it must be dealt with, the principal head of jurisdiction agrees it is appropriate that the investigating panel deal with the matter.

(3)Subsection (1) does not prevent an investigating panel—

(a)dismissing the complaint or referral under section 34(2); or

(b)notifying the IBAC or the Victorian Inspectorate under Division 2 of the subject matter of the complaint or referral.

37Constitution of an investigating panel for making decisions

(1)The decision of an investigating panel on what action to take in relation to a complaint or referral it is investigating may be made by a majority of the members of the investigating panel as constituted for the complaint or referral.

(2)A report of an investigating panel may include a majority report and a minority report.

(3)If a member of the investigating panel becomes unavailable or unable to perform the functions of a member, or ceases to be a member under section 87AAY(1)(i), (j) or (k) of the Constitution Act 1975, or is removed as a member, the investigating panel may—

(a)continue the investigation of the complaint or referral with 2 members; or

(b)request the Judicial Commission to appoint a replacement member.

(4)If an investigating panel continues the investigation of a complaint or referral with only 2 panel members in accordance with subsection (3)(a), the decision of the investigating panel on what action to take must be unanimous.

38Consultation with head of jurisdiction

(1)Before referring a complaint or referral to a nominated head of jurisdiction or nominated person under section 34(3), an investigating panel must consult with any nominated head of jurisdiction or any nominated person for the officer concerned.

(2)The investigating panel may consult with a head of jurisdiction of the officer concerned in determining whether to make any other decision in relation to, or otherwise deal with, a complaint or referral.

39Report to Governor

(1)A report of an investigating panel to the Governor under section 34(4) must—

(a)report on the conduct and findings of the investigation by the investigating panel; and

(b)state the investigating panel's conclusion as to whether facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of the officer concerned from office.

(2)The investigating panel must give a copy of the report to the Attorney-General.

(3)The Attorney-General must cause a copy of the report to be laid before each House of the Parliament as soon as reasonably practicable after receiving it.

40Report to Attorney-General

(1)A report of an investigating panel to the Attorney‑General under section 34(5) must—

(a)report on the conduct and findings of the investigation by the investigating panel; and

(b)state the investigating panel's conclusion as to whether facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of the officer concerned from office.

(2)The Attorney-General must cause a copy of the report to be laid before each House of the Parliament as soon as reasonably practicable after receiving it.

41Referral to nominated head of jurisdiction or nominated person

In referring a matter to the nominated head of jurisdiction or nominated person of the officer concerned under section 34(3), an investigating panel must provide—

(a)a report that sets out—

(i)the findings of fact of the investigating panel in the matter; and

(ii)the investigating panel's assessment of the appropriateness of the conduct that is the subject of the matter; and

(iii)the investigating panel's recommendations in relation to the future conduct of the officer concerned; and

(b)any information that the investigating panel has that it considers may assist the nominated head of jurisdiction or nominated person to deal with the matter.

42Requirements before making a report

(1)Before making a report to the Governor under section 34(4) or to the Attorney-General under section 34(5), an investigating panel must—

(a)hold a hearing under Division 2 of Part 5; or

(b)by written notice, give the officer concerned an opportunity to make written submissions to the investigating panel.

(2)Written notice under subsection (1)(b) must—

(a)specify the time within which any submissions must be made to the investigating panel; and

(b)advise the officer concerned of the grounds on which the complaint or referral was made.

(3)The time specified under subsection (2)(a) must be—

(a)at least 21 days after the date of the notice; or

(b)any shorter time agreed to by the officer concerned.

43Notification of officer concerned and Judicial Commission

(1)An investigating panel must give the officer concerned written notice of the dismissal of a complaint or referral under section 34(2).

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)An investigating panel must give the officer concerned written notice of any report prepared by the investigating panel under section 34(4) or (5).

(4)An investigating panel must give the officer concerned a copy of a report under section 41.

(5)An investigating panel must give the Judicial Commission—

(a)written notice of the outcome of an investigation it has conducted; and

(b)copies of any reports or notifications it has given; and

(c)at the conclusion of an investigation, all documents in the possession of the investigating panel that relate to the investigation.

44Notification of head of jurisdiction

(1)An investigating panel must give the head of jurisdiction of the officer concerned written notice of the dismissal of a complaint or referral under section 34(2).

(2)A notice under subsection (1) must include the reasons for dismissal of the complaint or referral.

(3)An investigating panel must give the head of jurisdiction of the officer concerned written notice of any report prepared by the investigating panel under section 34(4) or (5).

(4)An investigating panel must give a copy of a report under section 41 to any other head of jurisdiction of the officer concerned.

45Notification of Attorney-General

(1)An investigating panel must give the Attorney‑General written notice of the dismissal of a complaint or referral under section 34(2).

(2)A notice under subsection (1) must include the reasons for the decision.

(3)An investigating panel must give the Attorney‑General written notice of a referral made under section 34(3) in relation to a complaint or referral.

(4)A notice under subsection (3) must—

(a)state that the investigating panel has referred the matter to the nominated head of jurisdiction or nominated person; and

(b)include the reasons for making the referral.

(5)Information must not be disclosed to the Attorney‑General under subsection (2) or (4)(b) if disclosure of that information would be contrary to the public interest having regard to the disclosure considerations.

46Notification of complainant

(1)An investigating panel must give the complainant written notice of the dismissal of a complaint under section 34(2).

(2)A notice under subsection (1) must include the reasons for the decision.

(3)An investigating panel must give the complainant written notice of a referral made under section 34(3) in relation to a complaint.

(4)A notice under subsection (3) must—

(a)state that the investigating panel has referred the matter to the nominated head of jurisdiction or nominated person; and

(b)include the reasons for making the referral.

(5)An investigating panel must give the complainant written notice of any report prepared under section 34(4) or (5) in relation to the complaint.

(6)Information must not be disclosed to a complainant under subsection (2) or (4)(b) if disclosure of that information would be contrary to the public interest having regard to the disclosure considerations.

47Content of notice relating to assessable disclosures

An investigating panel must not include in any notice or report under this Division any information that—

(a)is likely to lead to the identification of a person who has made an assessable disclosure; and

(b)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

Division 2—Notifications to the IBAC, the Victorian Inspectorate and the Parliamentary Workplace Standards and Integrity Commission

48Notification to the IBAC by an investigating panel

(1)Subject to subsection (2), an investigating panel may notify the IBAC of any matter of which it becomes aware in the performance of functions under this Act or any other Act that the investigating panel suspects on reasonable grounds involves corrupt conduct occurring or having occurred.

(2)If an investigating panel suspects on reasonable grounds that a matter involves corrupt conduct occurring or having occurred under subsection (1), the investigating panel must notify the IBAC of the matter—

(a)at the conclusion of the investigating panel's investigation; and

(b)before the investigating panel gives a report on the conduct and findings, and any conclusions, of the investigation to the Governor, the head of jurisdiction or the Attorney-General.

49Notification to the Victorian Inspectorate by an investigating panel

An investigating panel may notify the Victorian Inspectorate of any matter of which it becomes aware in the performance of functions under this Act or any other Act that—

(a)appears to involve—

(i)misconduct of or in relation to the IBAC or IBAC personnel; or

(ii)misconduct (other than corrupt conduct) of an Ombudsman officer within the meaning of the Ombudsman Act 1973, a VAGO officer within the meaning of the Audit Act 1994, or the Chief Examiner or an Examiner within the meaning of the Major Crime (Investigative Powers) Act 2004; and

(b)appears to be relevant to the functions of the Victorian Inspectorate.

49ANotification to the Parliamentary Workplace Standards and Integrity Commission

An investigating panel may notify the Parliamentary Workplace Standards and Integrity Commission of any matter of which it becomes aware in the performance of functions under this Act or any other Act that appears to be relevant to the functions of the Parliamentary Workplace Standards and Integrity Commission.

50Extension or referral of matter

(1)If, in investigating a matter under this Part, a matter arises (not being the matter that is the subject of the investigation) that could, in relation to the officer concerned, be a matter referred under section 7 or 8, the investigating panel may extend the investigation to cover that matter.

(2)If, in investigating a matter under this Part, a matter arises that could, in relation to a judicial officer or non-judicial member of VCAT who is not the subject of the investigation, be a matter to be referred under section 7 or 8, the investigating panel must refer the matter to the Judicial Commission to be dealt with as if it were a referral by—

(a)in the case of a judicial officer who is a head of jurisdiction, the Attorney-General; or

(b)in the case of a judicial officer or non‑judicial member of VCAT who is not a head of jurisdiction, the principal head of jurisdiction of the officer.

PART 5—INVESTIGATION POWERS AND PROCEDURES

Division 1—General powers and procedures of investigating panels

51Investigating panel proceedings

Subject to this Act, an investigating panel may regulate its own proceedings.

52General requirements

In investigating a complaint or referral, including in a hearing under Division 2—

(a)an investigating panel is bound by the rules of natural justice; and

(b)an investigating panel is not bound by the rules of evidence; and

(c)an investigating panel may inform itself and otherwise deal with the complaint or referral in any matter that the investigating panel reasonably thinks fit; and

(d)to the extent that proper consideration of the matters before an investigating panel permits, the investigating panel must—

(i)act expeditiously; and

(ii)subject to section 62, act confidentially.

53Investigating panel may engage Australian lawyer to assist

An investigating panel may engage an Australian lawyer to assist the investigating panel.

54Request for further information

(1)An investigating panel may request a person who has made a complaint—

(a)to give further information about the complaint or produce any document relevant to the complaint; and

(b)to verify the complaint or any further information or document provided under paragraph (a)—

(i)by statutory declaration; or

(ii)in any other manner specified by the investigating panel.

(2)An investigating panel may request a person who has made a referral to give further information about the referral or produce any document relevant to the referral.

(3)An investigating panel may take a statutory declaration from any person.

(4)A request for verification, further information or to produce a document under subsection (1) or (2) must be given in writing and allow a reasonable time for compliance.

55Hearings and written submissions

For the purposes of investigating a complaint or referral under this Part, an investigating panel may—

(a)hold a hearing under Division 2; and

(b)receive written submissions from the officer concerned, whether or not it holds a hearing.

56Powers as to court or tribunal documents

(1)For the purposes of investigating a complaint or referral, an investigating panel may request a Victorian court or VCAT to provide the following to the investigating panel—

(a)a copy of a transcript or recording of a hearing in the court or VCAT that is relevant to the matter;

(b)a copy of a court or tribunal file or any other document relating to a proceeding in the court or VCAT that is in the possession or control of the court or VCAT that is relevant to the matter.

(2)A Victorian court or VCAT is authorised to and may disclose information to an investigating panel if the investigating panel requests that information under subsection (1).

(3)A Victorian court or VCAT must provide reasons for not complying with a request under subsection (1).

57Requirement to undergo medical examination

(1)For the purpose of investigating a matter under this Part, an investigating panel may require the officer concerned—

(a)to undergo any medical examination by a registered medical practitioner that the investigating panel considers necessary; and

(b)to provide a copy of any report of any medical examination undertaken under paragraph (a).

(2)An investigating panel must not impose a requirement under subsection (1) unless it reasonably believes—

(a)that the officer concerned may be suffering from an impairment, disability, illness or condition that may significantly affect the officer's performance of their functions; and

(b)that the requirement is appropriate in all the circumstances.

(3)A requirement under subsection (1) must be in writing and must specify—

(a)the nature of the examination; and

(b)the medical practitioner or class of medical practitioner who is to carry out the examination; and

(c)a time limit within which the examination must take place.

(4)A person must not, without reasonable excuse, fail to comply with a requirement of an investigating panel under subsection (1).

58Effect of failure to undergo medical examination

In forming an opinion under section 34(4) or (5), an investigating panel may have regard to—

(a)any failure by the officer concerned, without reasonable excuse, to comply with—

(i)a requirement under section 57(1); or

(ii)a request by a registered medical practitioner under section 106 to undergo a medical test; and

(b)any other relevant factors.

Note

See Division 3 of Part 6 for the process for medical examinations.

59Power to adjourn investigation

An investigating panel may adjourn the conduct of an investigation under this Part—

(a)if the matter is the subject of an investigation being conducted by a law enforcement agency, a regulatory body or an integrity body; or

(b)if the matter arose out of or is the subject of a current legal proceeding in any Australian court or a tribunal in Australia; or

(c)for any other appropriate reason.

60Considerations when matter the subject of other investigation or legal proceedings

(1)If, in investigating a matter under this Part, an investigating panel is or becomes aware that the matter is the subject of an investigation being conducted by a law enforcement agency, a regulatory body or an integrity body, the investigating panel must take reasonable steps to reduce the likelihood that the conduct of the investigation by the investigating panel may prejudice the investigation by the law enforcement agency, regulatory body or integrity body.

(2)If, in investigating a matter under this Part, an investigating panel is or becomes aware of a proceeding referred to in section 59(b), the investigating panel must take reasonable steps to reduce the likelihood that the conduct of the investigation by the investigating panel may prejudice that proceeding.

Division 2—Hearings

61Notice of hearing

(1)If an investigating panel decides to hold a hearing for the purposes of investigating a matter under this Part, the investigating panel must give notice of the hearing to the officer concerned.

(2)A notice under subsection (1) must—

(a)specify the date on which the hearing is to commence; and

(b)specify the place at which the hearing is to be held.

(3)A notice under subsection (1) must be given to the officer concerned—

(a)at least 21 days before the hearing is to commence; or

(b)within any shorter period that is agreed to by the officer concerned.

62Hearing procedure

(1)In a hearing held by an investigating panel—

(a)the investigating panel may give directions regarding the conduct of the hearing; and

(b)the officer concerned may be represented by an Australian lawyer.

(2)Unless subsection (3) applies, a hearing held by an investigating panel is closed to members of the public.

(3)An investigating panel may direct that a hearing or particular parts of a hearing be open to the public if there are exceptional circumstances and the investigating panel is satisfied that it would be in the public interest, having regard to—

(a)the disclosure considerations; and

(b)if coercive powers are being used against the officer concerned, whether directing that a hearing or particular parts of a hearing be open to the public would still be in the public interest.

(4)An investigating panel must not hold a hearing in public if the hearing may disclose particulars likely to lead to the identification of a person who has made an assessable disclosure.

(5)However, an investigating panel may hold a hearing in public if the information that may be disclosed is information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

63Offence to be present at closed hearing

A person must not be present at a hearing held by an investigating panel that is closed to members of the public unless the person is—

(a)a member of the investigating panel; or

(b)the officer concerned; or

(c)attending in accordance with a witness summons; or

(d)an Australian lawyer representing the officer concerned or a person who is attending in accordance with a witness summons; or

(e)an Australian lawyer, or other person, engaged by the investigating panel to assist in the hearing; or

(f)entitled to be present by reason of a direction given by the investigating panel under section 62; or

(g)any other person authorised to be present by the investigating panel or otherwise authorised to be present under this Act or any other law.

Penalty:120 penalty units or imprisonment for 12 months or both.

64Protection of lawyers and witnesses

(1)An Australian lawyer representing a person at a hearing before an investigating panel or assisting an investigating panel at a hearing has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court.

(2)A person appearing as a witness at a hearing before an investigating panel has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

65Notification of certain matters to the Judicial Commission

(1)At the conclusion of a hearing held by an investigating panel, if any of the following occurred during the course of investigating a matter under this Part, the investigating panel must give the Director written notice of that occurrence—

(a)the exercise of any coercive power;

(b)the making of a direction under section 62(3) in relation to the opening of the hearing, or part of the hearing, to the public.

(2)Written notice under subsection (1) must—

(a)if in relation to the use of any coercive power, explain why the power was exercised; and

(b)if a direction was made under section 62(3) explain why the investigating panel directed that the hearing or part of the hearing be open to the public.

66Notification of certain matters to the Victorian Inspectorate

(1)The Director must give the Victorian Inspectorate, by written notice, details of any information the Director has received under section 65.

(2)At the end of an investigation of a matter by the Judicial Commission, the Director must give the Victorian Inspectorate—

(a)written notice of the exercise of a power under section 29 requiring an officer concerned to undergo a medical examination; and

(b)a written explanation of why the power specified in paragraph (a) was used.

67Copies of particular guidelines to be provided to Victorian Inspectorate

The Director must give the Victorian Inspectorate a copy of any guidelines made by the Judicial Commission regarding any of the following matters—

(a)the use of coercive powers;

(b)the determination by an investigating panel of whether a hearing or part of a hearing should be open to the public under section 62(3).

68Request for information by the Victorian Inspectorate

(1)The Victorian Inspectorate may request the Judicial Commission to give the Victorian Inspectorate information about the use of coercive powers under this Act.

(2)Information given to the Victorian Inspectorate under this section must be in writing.

Division 3—Additional powers

69Power to require production of documents

(1)For the purposes of investigating a matter under this Part, an investigating panel may, by written notice, require a person to produce to the investigating panel any document (other than a medical report unless the medical report is prepared in accordance with Division 3 of Part 6) or thing in the possession or control of that person that is material to the investigation.

(2)Written notice under subsection (1)—

(a)must specify a reasonable time within which the person must comply with the requirement; and

(b)must contain the prescribed information (if any); and

(c)must be served on the person to whom it applies.

(3)A person must comply with a written notice under this section unless the person has a reasonable excuse.

Penalty:60 penalty units or imprisonment for 6 months or both.

Note

The privilege against self-incrimination is abrogated. See section 90.

70Witness summons

(1)An investigating panel may issue the following witness summonses to a person—

(a)a summons to attend to give evidence at a hearing at a specified time and place on a specified date;

(b)a summons to attend at a specified time and place on a specified date to produce documents (other than a medical report unless the medical report is prepared in accordance with Division 3 of Part 6) or other things to the investigating panel;

(c)a summons to attend a hearing at a specified time and place on a specified date to give evidence and produce documents (other than a medical report unless the medical report is prepared in accordance with Division 3 of Part 6) or other things.

(2)An investigating panel may, under subsection (1) issue a witness summons directed to a person if satisfied that is reasonable to do so, having regard to—

(a)the evidentiary value of the information, document or thing sought to be obtained from the person; and

(b)the age of the person and any mental impairment to which the person is known or believed to be subject.

(3)An investigating panel must not issue a witness summons to a person who is under the age of 18 years unless the investigating panel considers on reasonable grounds that—

(a)the information, document or thing that the person could provide may be compelling and probative; and

(b)it is not practicable to obtain the information, document or thing by any other means.

(4)If a person is issued with a witness summons referred to in subsection (1)(b), an investigating panel may excuse that person from attendance if the person produces the required documents or things to the investigating panel before the time and date for production specified in the witness summons in accordance with any directions given by the investigating panel.

71Content and form of witness summons

(b)the Director becomes insolvent under administration; or

(c)the Director is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.

(3)The Chief Executive Officer of Court Services Victoria must not remove the Director from the office of Director except as provided in this section.

131Delegation by Director

The Director, by instrument, may delegate to a member of the staff of the Judicial Commission any of the Director's functions other than this power of delegation.

132Acting Director

(1)On the recommendation of the Board, the Chief Executive Officer of Court Services Victoria may appoint a person to act in the office of the Director—

(a)during a vacancy in that office; or

(b)during a period or all periods when the person holding that office—

(i)is absent from duty; or

(ii)for any other reason, is unable to perform the functions of that office.

(2)An appointment under subsection (1) is—

(a)on the terms and conditions fixed by the Chief Executive Officer; and

(b)for the period, not exceeding 12 months, specified in the instrument of appointment.

133Engagement of consultants

The Judicial Commission may engage persons with suitable qualifications and experience as consultants to the Judicial Commission either in an honorary capacity or for remuneration.

Division 3—Guidelines and reports

134Guidelines

(1)The Judicial Commission may make guidelines about—

(a)standards of ethical and professional conduct expected of judicial officers and non-judicial members of VCAT; and

(b)the practices that should be adopted by judicial officers and non-judicial members of VCAT in relation to the performance of their functions; and

Example

Examples of practices that should be adopted may include matters such as recommendations to judicial officers and non-judicial members of VCAT as to how to deal with—

·self-represented litigants; or

·victims and their families; or

·counsel appearing before the officer.

(c)the performance of functions conferred by or under this or any other Act by the Judicial Commission or an investigating panel in respect of complaints or referrals; and

(d)the making of complaints or referrals; and

(e)the assistance to be provided by the Director and staff of the Judicial Commission to any investigating panel; and

(f)the use of coercive powers under this Act; and

(g)the matters to be considered by an investigating panel for the purposes of determining whether a hearing should be open to the public under section 62(3); and

(h)any other matters that the Judicial Commission considers appropriate.

(2)The Judicial Commission must ensure that guidelines made under subsection (1) are published on an Internet site maintained by the Judicial Commission.

(3)The Judicial Commission must ensure that guidelines are not inconsistent with this Act or any regulations made under this Act.

(4)If the guidelines are inconsistent with the Act or regulations, the Act or regulations prevail to the extent of the inconsistency.

135Annual report of the Judicial Commission

(1)The Judicial Commission must include the following information in its annual report of operations under Part 7 of the Financial Management Act 1994 in respect of each financial year—

(a)the number of complaints and referrals received by the Judicial Commission;

(b)the time taken to deal with complaints and referrals;

(c)the number of complaints and referrals dismissed by the Judicial Commission;

(d)the number of complaints and referrals referred by the Judicial Commission to a nominated head of jurisdiction or a nominated person;

(e)the number of complaints and referrals referred to an investigating panel;

(f)information relating to the exercise of the powers under Part 5 by any investigating panel, including the following—

(i)the number of search warrants issued by the Supreme Court on the application of an investigating panel under section 84;

(ii)the number of hearings held by investigating panels and whether each hearing was held in public or private;

(iii)the number of notices issued under section 69 requiring the production of a document or thing;

(iv)the number of witness summonses under section 70;

(v)the number of claims for privilege determined by the Supreme Court under section 95;

(g)information as to the outcome of investigations by any investigating panels appointed including the following—

(i)the number of matters dismissed and the grounds on which those matters were dismissed;

(ii)the number of reports made under section 34(4) or (5);

(iii)the number of referrals made under section 34(3);

(h)the number of notifications made to the IBAC under section 25 or 48;

(i)the number of notifications made to the Victorian Inspectorate under section 26 or 49;

(j)an analysis of the nature and scope of complaints and referrals received or investigated;

(k)the number of declarations made by the Judicial Commission under section 140.

Note

See also section 69 of the Public Interest Disclosures Act 2012 for other matters that must be included in the Judicial Commission's annual report.

(2)The information referred to in subsection (1) must not identify an officer concerned unless—

(a)an investigating panel has made a report under section 34(4) or (5); or

(b)identifying the officer concerned is in the public interest, having regard to the disclosure considerations.

(3)The Judicial Commission must not include in its annual report any information that—

(a)is likely to lead to the identification of a person who has made an assessable disclosure; and

(b)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

Division 4—Miscellaneous

136Immunity of members of the Board

(1)A judicial member or appointed member of the Board is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the exercise of a power or the performance of a function under this Act or the regulations; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to the judicial member or appointed member of the Board attaches instead to the Judicial Commission.

(3)When exercising a power or performing a function under this Act or the regulations in a member's capacity as a judicial member of the Board, a judicial member of the Board has the same immunity and protection that would apply to the member in the performance or exercise of an administrative function or power conferred on the member in their capacity as a judge, magistrate, coroner or judicial member of VCAT (as the case may be).

Note

See section 24D of the Supreme Court Act 1986, section 9A of the County Court Act 1958, section 14 of the Magistrates' Court Act 1989, section 512 of the Children, Youth and Families Act 2005, section 101(1) of the Coroners Act 2008 and section 143(1) of the Victorian Civil and Administrative Tribunal Act 1998.

137Immunity of member of an investigating panel

A member of an investigating panel has, in the performance of the member's duties as a member of an investigating panel, the same protection and immunity as a Judge of the Supreme Court has in the performance of the Judge's duties as a Judge.

138Use and disclosure of information

(1)A relevant person who obtains or receives information in the course of or as a result of the performance of the functions of the Judicial Commission or an investigating panel in relation to complaints or referrals may disclose that information—

(a)for the purposes of the performance of the functions of the Judicial Commission or an investigating panel; or

(b)for the purposes of the performance of the person's functions; or

(c)for the purposes of the administration of justice; or

(d)as required, authorised or permitted by this Act or the regulations; or

(e)to the IBAC; or

(f)to the Victorian Inspectorate; or

(g)as otherwise required, authorised or permitted by law.

(2)A relevant person who obtains or receives information in the course of or as a result of the performance of the functions of the Judicial Commission or an investigating panel in relation to complaints or referrals may disclose that information to Victoria Police or any other law enforcement agency, a regulatory body or an integrity body to the extent reasonably required for one or more of the following—

(a)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of law;

(b)the enforcement of laws relating to the confiscation of the proceeds of crime;

(c)the protection of the public revenue;

(d)the lessening or prevention of—

(i)a serious and imminent threat to an individual's life, health, safety or welfare; or

(ii)a serious threat to public health, public safety or public welfare; or

(e)the prevention, detection, investigation or remedying of improper conduct;

(f)the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

(3)A relevant person must not use or disclose confidential information obtained or received in the course of or as a result of the performance of the functions of the Judicial Commission or an investigating panel in relation to complaints or referrals except in the circumstances permitted by subsections (1) and (2).

(4)Subject to subsection (5), a relevant person must not use or disclose information in the circumstances otherwise permitted by subsection (1) or (2) that is likely to lead to the identification of a person who has made an assessable disclosure.

(5)A relevant person may use or disclose information under subsection (1) or (2) to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

(6)In this section—

relevant person means—

(a)a Judicial Commission officer or former Judicial Commission officer; or

(b)a member or former member of an investigating panel; or

(c)a prescribed person.

139Release of information to public

(1)If the Judicial Commission is of the opinion that it is in the public interest, the Judicial Commission may publish information about—

(a)the performance of any functions of the Judicial Commission or an investigating panel under this Act including in relation to a particular complaint or referral; and

(b)any other action under this Act by a nominated head of jurisdiction, nominated person or officer concerned.

(2)In determining whether to make a public disclosure under subsection (1), the Judicial Commission must have regard to the disclosure considerations.

PART 9—GENERAL

140Vexatious complainants

(1)The Judicial Commission may declare a person to be a vexatious complainant if the person persistently and without reasonable grounds makes complaints, whether about one person who is a judicial officer or non-judicial member of VCAT or more than one such person.

(2)The Judicial Commission must notify the person in respect of whom a declaration under subsection (1) is to be made and give the person a reasonable opportunity to make a submission to the Judicial Commission about the proposed declaration within a specified time.

(3)In making a declaration under subsection (1), the Judicial Commission must have regard to any submission made within the time specified in the notice under subsection (2).

(4)The Judicial Commission must notify the person in respect of whom a declaration under subsection (1) is made as soon as possible after making the declaration.

(5)The Judicial Commission may—

(a)suspend a declaration made under subsection (1) for a period of time; or

(b)revoke a declaration made under subsection (1).

(6)The Judicial Commission must notify the person in respect of whom a declaration made under subsection (1) is suspended or revoked as soon as possible after the suspension or revocation.

(7)A declaration made under subsection (1) remains in force until the Judicial Commission revokes the declaration.

(8)If the Judicial Commission suspends a declaration made under subsection (1) for a period of time, the declaration ceases to be in force for the period during which it is suspended.

Note

A complaint or referral made by a vexatious complainant must be dismissed—see sections 16(2)(a) and 35(1)(a).

141Offence to make statement which is false or misleading

A person must not wilfully make a statement that the person knows to be false or misleading in a material particular or mislead or attempt to mislead the Judicial Commission or an investigating panel in the exercise of the powers of the Judicial Commission or an investigating panel under this Act or the regulations.

Penalty:120 penalty units or imprisonment for 12 months or both.

142Disclosure of information

The answering of a question, giving of information or production of a document or other thing to the Judicial Commission or an investigating panel in any of the following circumstances does not constitute a breach of a provision of an Act or any regulations or rules made under an Act prohibiting the disclosure of information of that kind—

(a)making a complaint under section 5 or 6;

(b)making a referral under section 7 or 8;

(c)in accordance with a request by the Judicial Commission under section 27 or 28;

(d)in accordance with a request or requirement by an investigating panel under section 54 or 69;

(e)in accordance with a search warrant under section 84 or a witness summons.

143Exemption from Freedom of Information Act 1982

(1)The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to—

(a)a complaint or referral; or

(b)an investigation, recommendation or referral under Part 2, 3, 4 or 5.

(2)In this section—

documenthas the meaning as in the Freedom of Information Act 1982.

144Exemption from Health Records Act 2001

Part 5 and Health Privacy Principle 6 of the Health Records Act 2001 do not apply to a document or any information held by the Judicial Commission or an investigating panel under this Act that relates to—

(a)a complaint or referral; or

(b)an investigation, recommendation or referral under Part 2, 3, 4 or 5.

145Exemption from Privacy and Data Protection Act 2014

Information Privacy Principle 6 of the Privacy and Data Protection Act 2014 does not apply to a document or any information held by the Judicial Commission or an investigating panel under this Act that relates to—

(a)a complaint or referral; or

(b)an investigation, referral or report under Part 2, 3, 4 or 5.

146Regulations

(1)The Governor in Council may make regulations for or with respect to the following—

(a)prescribing a tribunal of another State or Territory, or a tribunal created by the Parliament of the Commonwealth, for the purposes of this Act;

(b)prescribing the form and content of a witness summons;

(c)prescribing by scale or otherwise the allowances for compliance with a witness summons;

(d)prescribing the form and content of a direction made under section 75;

(e)prescribing information that may be disclosed or released under this Act;

(f)generally prescribing any other matter or thing required or permitted by this Act to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstances; and

(c)confer a discretionary authority or impose a duty on a specified person or body or specified class of persons or bodies; and

(d)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, amended, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, amended, issued, prescribed or published from time to time.

147Savings and transitional provisions

Schedule 2 has effect.

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SCHEDULE 1—INTEGRITY BODIES

Section 3

1The Auditor-General appointed under section 94A of the Constitution Act 1975;

2The Information Commissioner appointed under the Freedom of Information Act 1982 Privacy and Data Protection Act 2014 in the Information Commissioner's capacity under the;

3 Health Complaints Act 2016The Health Complaints Commissioner appointed under section 111 of the;

4The IBAC;

5The Ombudsman appointed under section 3 of the Ombudsman Act 1973;

6The Victorian Inspectorate;

7A person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of a person or body referred to in item 1, 2, 3, 4, 5 or 6;

8A person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of the Judicial Commission;

9The Australian Crime Commission or another Commonwealth body having functions corresponding to any or all of the functions of that Commission;

10The Judicial Commission of New South Wales or another New South Wales body having functions corresponding to any or all of the functions of that Commission;

11A prescribed person or body that has an integrity function.

SCHEDULE 2—SAVINGS AND TRANSITIONAL PROVISIONS

Section 147

1Matters referred under the Constitution Act 1975

Any matter that was referred to an investigating committee under section 87AAD of the Constitution Act 1975 before the commencement of section 154 of this Act may continue to be investigated by that committee under Part IIIAA of the Constitution Act 1975 after the commencement of section 156 of this Act and Part IIIAA of the Constitution Act 1975 as in force before that commencement continues to apply in respect of that matter.

2Application of Act to conduct occurring before commencement of section 5 or 6

This Act applies to a complaint or referral that is made on or after the commencement of section 5 or 6 of this Act irrespective of when the conduct that is the subject of the complaint or referral is alleged to have occurred.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 December 2015

Legislative Council: 25 February 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975 to establish the Judicial Commission of Victoria under that Act, to provide for investigations into judicial officers and non-judicial members of VCAT, to make consequential and other amendments to other Acts and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 8 March 2016

Legislative Council: 14 April 2016

Absolute majorities:

Legislative Assembly: 8 March 2016

Legislative Council: 14 April 2016

The Judicial Commission of Victoria Act 2016 was assented to on 19 April 2016 and came into operation as follows:

Sections 214–216 on 1 June 2017: section 2(3); sections 1–213, Schedules 1, 2 on 1 July 2017: section 2(2); section 217 on 1 June 2018: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Judicial Commission of Victoria Act 2016 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 214–216 on 1.6.17: s. 2(3); s. 213 on 1.7.17: s. 2(2); s. 217 on 1.6.18: s. 2(4)
Note:	S. 213 repealed Pts 10, 11 (ss 148–213) on 1.6.18; s. 217 repealed Pt 12 (ss 214–217) on 1.6.18
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 237 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 133 on 1.9.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 73) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	Ss 93–101 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 98, 99 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024

Assent Date:	20.8.24
Commencement Date:	Ss 119–123 on 31.12.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 66 on 11.9.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

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3   Explanatory details

No entries at date of publication.