HomeBillsBill 80

📜 Judicial Commission Bill 2026

Legislative Assembly Second ReadingLABill 8017 June 2026

This Bill establishes a Judicial Commission in Western Australia to investigate complaints against judicial officers, aiming to preserve public confidence and integrity in the judicial system. It outlines processes for complaint handling, investigation, and potential suspension or removal of judicial officers, and makes consequential amendments to several existing Acts.

Impact

This Bill affects all judicial officers in Western Australia by providing a formal mechanism for complaints and potential disciplinary action, including suspension or removal. It matters to the public by enhancing accountability and transparency in the justice system, aiming to maintain confidence in judicial impartiality and integrity.

Key Changes

["Establishment of the Judicial Commission as a statutory authority and body corporate.", "Creation of a formal process for making and investigating complaints against judicial officers.", "Introduction of powers for the Commission to suspend judicial officers in certain circumstances.", "Provision for a parliamentary process to consider and determine the removal of judicial officers for proved misbehaviour or incapacity.", "Consequential amendments to the Constitution Act 1889, Coroners Act 1996, District Court of Western Australia Act 1969, and Supreme Court Act 1935 regarding judicial officer tenure and removal."]

Parliamentary Progress

  1. LA IntroducedLA17 June 2026
  2. LA Second Reading MovedLA17 June 2026
  3. LA Second Reading SpeechLA17 June 2026
Affected Sectors
justicepublic_sector

Penalty Provisions10 found

💰 Max fine: $10,000🔒 Max imprisonment: imprisonment for 1 yearcriminal
129(3)Criminalboth

Disclosure of confidential information by a person who is or was a member of the Commission, an investigating panel, or a staff member

Fine: $10,000Imprisonment: imprisonment for 1 year

(3) A person who is or was a member of the Commission, an investigating panel or a staff member must not, directly or indirectly, record, disclose or make use of any information obtained by the person in the course of duty except for the purpose of performing functions under this Act. Penalty: a fine of $10 000 and imprisonment for 1 year.

130(2)Criminalboth

Disclosure of certain information restricted

Fine: $10,000Imprisonment: imprisonment for 1 year

(2) A person must not, directly or indirectly, record, disclose or make use of any information that the person knows is information referred to in subsection (1). Penalty: a fine of $10 000 and imprisonment for 1 year.

133Criminalboth

False or misleading information

Fine: $10,000Imprisonment: imprisonment for 1 year

133. False or misleading information A person who gives information to the Commission or an investigating panel that the person knows is false or misleading in a material particular is liable to a fine of $10 000 and imprisonment for 1 year.

70Criminalboth

Bribery of witness

Imprisonment: imprisonment for 5 years

70. Bribery of witness A person who — (a) gives, confers or procures, or promises or offers to give, confer or procure, any property or benefit of any kind to, or for, any person on an agreement or understanding that the person will — (i) abstain from giving evidence in any proceeding before an investigating panel; or (ii) give false evidence in any proceeding before an investigating panel; or (b) attempts to obstruct or in any way pervert the course of justice in relation to any proceeding before an investigating panel, is liable to imprisonment for 5 years.

71Criminalboth

Fraud on witness

Imprisonment: imprisonment for 2 years

71. Fraud on witness A person who practises any fraud or deceit on, or knowingly makes or exhibits any false statement, representation, token or writing to, any person with intent to — (a) prevent the person from appearing as a witness in any proceeding before an investigating panel; or (b) affect the person’s evidence as a witness in any proceeding before an investigating panel, is liable to imprisonment for 2 years.

72Criminalboth

Destroying evidence

Imprisonment: imprisonment for 2 years

72. Destroying evidence A person who, knowing that any book, document or other thing is or may be required in evidence in any proceeding before an investigating panel, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent to prevent it from being used in evidence, is liable to imprisonment for 2 years.

73Criminalboth

Preventing witness from attending

Imprisonment: imprisonment for 2 years

73. Preventing witness from attending A person who wilfully prevents or endeavours to prevent any person who has been summoned to attend as a witness before an investigating panel from attending as a witness or from producing any book, document or other thing that the person has been summoned to produce, is liable to imprisonment for 2 years.

74Criminalboth

Injury or detriment to witness

Imprisonment: imprisonment for 2 years

74. Injury or detriment to witness A person who causes any injury or detriment to a person because the person has assisted, or proposes to assist, an investigating panel in any way, is liable to imprisonment for 2 years.

75Criminalboth

Dismissal by employer of witness

Imprisonment: imprisonment for 2 years

75. Dismissal by employer of witness An employer who dismisses any employee from employment, or prejudices any employee in employment, because the employee has assisted, or proposes to assist, an investigating panel in any way, is liable to imprisonment for 2 years.

76Criminalboth

Other offences

Fine: $10,000Imprisonment: imprisonment for 1 year

76. Other offences A person who — (a) fails to attend before an investigating panel in obedience to a summons under section 54; or (b) refuses to be sworn or to make an affirmation or to answer any question when required to do so by an investigating panel; or (c) fails to produce any book, document or other thing that the person is required to produce by a summons under section 54; or (d) without lawful excuse, obstructs or hinders an investigating panel in the exercise of its powers under this Act, is liable to a fine of $10 000 and imprisonment for 1 year.

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