The Conduct Division of The Commission
The Conduct Division sits as a panel of three person and deals with any complaint referred to it by the commission. It is technically a separate body to the commission. The members of the division are appointed by the commission, and do not need to be members of the commission. The general practice is that they are not. Two of the members of the panel must be judicial officers. The other is a community representative appointed by the New South Wales Parliament. Parliament appoints two community representatives for this purpose on a non-political bi-partisan basis. The community representative cannot be legally qualified. Hearings may take place in public or in private. The judicial officer complained against may be legally represented and is entitled to call witnesses and is also able to cross-examine any witnesses called against them. In most respects, the examination takes place in the same manner as a royal commission.
The panel may dismiss the complaint if the complaint is not substantiated. If the complaint is substantiated, the panel must send a report to the senior judicial officer of the court concerned, to the governor, the attorney general, the complainant, the judicial officer concerned, and both Houses of Parliament. The report is tabled in both House of Parliament. Parliament after receiving the report may address the governor seeking the removal of the judicial officer concerned.
Read more about this topic: Judicial Commission Of New South Wales
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