Homeβ€ΊBillsβ€ΊBill 80

πŸ“œ 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

πŸ’° Max fine: $10,000πŸ”’ Max imprisonment: imprisonment for 1 yearcriminal
129(2)Criminalboth

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

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

β€œ(2) A person who is or has been a member of the Commission, an investigating panel, or the Director or a staff member must not, directly or indirectly, record, disclose or make use of any information obtained by reason of the person’s involvement in the administration of this Act, except for the purposes of, or in connection with, the administration of this Act. Penalty: a fine of $10 000 and imprisonment for 1 year.”

130(1)Criminalboth

Disclosure of certain information restricted

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

β€œ130. Disclosure of certain information restricted (1) A person must not, directly or indirectly, record, disclose or make use of any information obtained by reason of the person’s involvement in the administration of this Act, being information that identifies or is capable of identifying a judicial officer who is the subject of a complaint, except for the purposes of, or in connection with, the administration of this Act. Penalty: a fine of $10 000 and imprisonment for 1 year.”

133Criminalboth

False or misleading information

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

β€œ133. False or misleading information A person who gives information to the Commission, the Director or an investigating panel that the person knows to be false or misleading in a material particular is guilty of an offence and is liable to a fine of $10 000 and imprisonment for 1 year.”

70Criminalboth

Bribery of witness

Imprisonment: imprisonment for 5 years

β€œ70. Bribery of witness A person who β€” (a) gives, confers or procures, or promises or offers to give, confer or procure, any property or benefit of any kind to, for or on behalf of, any person on an agreement or understanding that any person called or to be called as a witness in any proceedings before an investigating panel will β€” (i) give false evidence; or (ii) withhold true evidence; or (iii) not attend as a witness; or (b) attempts to obstruct or in any way interfere with the due administration of justice, or attempts to obstruct or in any way interfere with any person called or to be called as a witness in any proceedings before an investigating panel, is guilty of an offence and is liable to imprisonment for 5 years.”

71Criminalboth

Fraud on witness

Imprisonment: imprisonment for 2 years

β€œ71. Fraud on witness A person who practises any fraud or deceit on, or knowingly makes any false statement to, any person called or to be called as a witness in any proceedings before an investigating panel with intent to affect the evidence of that person as a witness is guilty of an offence and is liable to imprisonment for 2 years.”

72Criminalboth

Destroying evidence

Imprisonment: imprisonment for 2 years

β€œ72. Destroying evidence A person who, knowing that any book, document or other thing is or may be required in evidence in any proceedings 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 guilty of an offence and is liable to imprisonment for 2 years.”

73Criminalboth

Preventing witness from attending

Imprisonment: imprisonment for 2 years

β€œ73. Preventing witness from attending A person who wilfully prevents any person who has been summoned to attend as a witness in any proceedings before an investigating panel from attending as a witness, or from producing any book, document or other thing according to the summons, is guilty of an offence and is liable to imprisonment for 2 years.”

74Criminalboth

Injury or detriment to witness

Imprisonment: imprisonment for 2 years

β€œ74. Injury or detriment to witness A person who causes any injury or detriment to a person because the person has attended or proposes to attend as a witness in any proceedings before an investigating panel, or has given or proposes to give evidence in any such proceedings, is guilty of an offence and is liable to imprisonment for 2 years.”

75Criminalboth

Dismissal by employer of witness

Imprisonment: imprisonment for 2 years

β€œ75. Dismissal by employer of witness (1) An employer who dismisses any employee from their employment, or prejudices any employee in their employment, because the employee has attended or proposes to attend as a witness in any proceedings before an investigating panel, or has given or proposes to give evidence in any such proceedings, is guilty of an offence and is liable to imprisonment for 2 years. (2) In any proceedings for an offence under subsection (1), if it is proved that an employee was dismissed or prejudiced in their employment after a summons to attend as a witness in any proceedings before an investigating panel had been served on the employee, or after the employee had given evidence in any such proceedings, it is to be presumed, in the absence of proof to the contrary, that the dismissal or prejudice was because the employee had attended or proposed to attend as a witness in the proceedings, or had given or proposed to give evidence in the proceedings.”

76Criminalfine

Other offences

Fine: $5,000

β€œ76. Other offences A person who, without lawful excuse, fails to comply with a requirement made under section 54(1) or 58(1) is guilty of an offence and is liable to a fine of $5 000.”

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