Judicial Conduct Commissioner Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Long title—After 'Freedom of Information Act 1991,' insert:

the Independent Commissioner Against Corruption Act 2012,

No. 2. Long title—Delete 'and the Ombudsman Act 1972' and substitute:

, the Ombudsman Act 1972 and the Parliamentary Committees Act 1991

No. 3. Clause 7, page 7, line 14 [clause 7(7)]—Delete 'The' and substitute:

Subject to subsection (7a), the

No. 4. Clause 7, page 7, after line 15—After subclause (7) insert:

(7a) Nothing prevents the person appointed as the Independent Commissioner Against Corruption under the Independent Commissioner Against Corruption Act 2012 being appointed as the Commissioner under this section.

No. 5. Clause 10, page 9, after line 15—After subclause (3) insert:

(4) The Commissioner may, under an arrangement established by the Independent Commissioner Against Corruption, make use of the services or staff of the Office for Public Integrity.

No. 6. Clause 12, page 9, line 35 [clause 12(3)]—Delete 'The' and substitute:

Subject to subsection (3a), the

No. 7. Clause 12, page 9, after line 36—After subclause (3) insert:

(3a) If section 15 applies to a complaint, the Commissioner must not give any notices under subsection (3) on receipt of the complaint but may give such notices if consideration of the complaint under this Act is resumed following the referral under section 15.

No. 8. Clause 15, page 11, line 11 [clause 15(1)]—

Delete 'is of the opinion that a complaint relates to conduct that may comprise' and substitute:

reasonably suspects that a complaint relates to conduct that involves

No. 9. Clause 15, page 11, after line 24—After subclause (2) insert:

(3) However, if the person appointed as the Independent Commissioner Against Corruption is also appointed as the Commissioner under this Act—

(a) the notification referred to in subsection (1)(b) is not required; and

(b) following a referral of a complaint under this section, the Independent Commissioner Against Corruption will determine the extent to which it is appropriate that the complaint be dealt with under this Act or the Independent Commissioner Against Corruption Act 2012.

No. 10. Schedule 1, page 24, after line 28—After clause 6 insert:

Part 5A—Amendment of Independent Commissioner Against Corruption Act 2012

6A—Amendment of section 8—Commissioner

(1) Section 8(8)—delete 'The' and substitute 'Subject to subsection (8a), the'

(2) Section 8—after subsection (8) insert:

(8a) Nothing prevents the Commissioner being appointed as the Judicial Conduct Commissioner under the Judicial Conduct Commissioner Act 2015.

No. 11. Schedule 1, page 27, after line 18—After Part 9 insert:

Part 10—Amendment of Parliamentary Committees Act 1991

16—Amendment of section 15H—Membership of Committee

Section 15H—after subsection (1) insert:

(1a) A Minister of the Crown is not eligible for appointment to the Committee.

17—Amendment of section 21—Removal from and vacancies of office

Section 21(2)(e)—delete 'becomes' and substitute 'is'

At 18:57 the house adjourned until Thursday 10 September 2015 at 10:30.