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33 2019

JUDICIAL COUNCIL ACT 2019

Chapter 4

Resolution of complaints by informal means

Referral of complaint for resolution by informal means

61. (1) Where the Judicial Conduct Committee decides under section 60 (1) to refer a complaint in respect of the judge concerned for resolution by informal means, it shall request in writing the designated judge or designated judges to undertake the resolution of the complaint by informal means in accordance with this Chapter.

(2) The designated judge or designated judges may, upon receipt by him, her or them of a request under subsection (1), appoint not more than 3 judges of the court of which the judge concerned is a judge to undertake the resolution by informal means in accordance with this Chapter of the complaint concerned on behalf of that designated judge or those designated judges, and the judge or judges so appointed shall undertake the resolution by informal means of that complaint accordingly.

(3) References in this Chapter (other than in this section) to the designated judge or designated judges shall, in the case of a complaint in respect of which an appointment or appointments is or are made under subsection (2), be construed as references to the judge or judges appointed under that subsection.

Resolution of complaints by informal means

62. (1) No attempt shall be made to resolve a complaint by informal means pursuant to this Chapter without the consent of the complainant and the judge concerned.

(2) A consent given by the judge concerned for the resolution of the complaint concerned by informal means shall not be taken as an admission of any allegation made in that complaint against that judge.

(3) Subject to section 63 , an answer given or statement made, in the course of attempting to resolve a complaint pursuant to this Chapter, by the complainant or the judge concerned shall not—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be admissible in any disciplinary, civil or criminal proceedings.

(4) The resolution of a complaint by informal means pursuant to this Chapter shall not include the payment of any financial compensation.

Report to Judicial Conduct Committee from designated judge or designated judges

63. (1) If the designated judge or designated judges are of opinion that a complaint referred to him, her or them under section 60 (1)(a) is not suitable for resolution by informal means, he, she or they shall prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the reasons for that opinion.

(2) The designated judge or designated judges shall, where he, she or they are satisfied that a complaint referred to him, her or them under section 60 (1)(a) has been resolved by informal means prepare, and submit to the Judicial Conduct Committee, a report in writing specifying particulars of the resolution of the complaint, and the Judicial Conduct Committee shall take note of the report and take no further action in relation to the complaint.

(3) Following receipt by the Judicial Conduct Committee of a report under subsection (2), the Registrar shall notify the complainant and the judge concerned in writing that in view of the resolution of the complaint concerned pursuant to this Chapter no further action will be taken by the Judicial Conduct Committee in relation to that complaint.

(4) The designated judge or designated judges shall, where a complaint referred to him, her or them under section 60 (1)(a) has not been resolved by informal means, prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the following:

(a) particulars of the complaint;

(b) the reasons why, in the opinion of the designated judge or designated judges, the complaint was not resolved by informal means.