📜 Judicial Commission Bill 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
Parliamentary Progress
- LA IntroducedLA17 June 2026
- LA Second Reading MovedLA17 June 2026
- LA Second Reading SpeechLA17 June 2026
Penalty Provisions10 found
Disclosure of confidential information by a person who is or was a member of the Commission, an investigating panel, or a staff member
“(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.”
Disclosure of certain information restricted
“(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.”
False or misleading information
“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.”
Bribery of witness
“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.”
Fraud on witness
“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.”
Destroying evidence
“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.”
Preventing witness from attending
“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.”
Injury or detriment to witness
“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.”
Dismissal by employer of witness
“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.”
Other offences
“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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