Document ID: chunk:federal_register_of_legislation:C2024C00616:section:32
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 32
Character Range: 70790–72917

32  Conduct connected with courts or Commonwealth tribunals
 (1) Despite section 29, conduct is not disclosable conduct if it is:
 (a) conduct of a judicial officer; or
 (b) conduct of:
 (i) the chief executive officer of a court; or
 (ii) a member of the staff of the chief executive officer of a court;
  when exercising a power of the court, performing a function of a judicial nature or exercising a power of a judicial nature; or
 (c) conduct of:
 (i) a member of a Commonwealth tribunal; or
 (ii) the chief executive officer of a Commonwealth tribunal; or
 (iii) a member of the staff of the chief executive officer of a Commonwealth tribunal;
  when exercising a power of the Commonwealth tribunal; or
 (d) any other conduct of, or relating to, a court or Commonwealth tribunal, unless the conduct:
 (i) is of an administrative nature; and
 (ii) does not relate to the management or hearing of matters before the court or tribunal.
 (2) Judicial officer means:
 (a) a Justice of the High Court; or
 (b) a Judge or Justice of a court created by the Parliament; or
 (c) a Judge, Justice or Magistrate of a court of a State or Territory.
 (3) Member of the staff of the chief executive officer of a court or Commonwealth tribunal means:
 (a) an officer of the court or Commonwealth tribunal (other than the chief executive officer); or
 (b) a member of the staff of the registry or registries of the court or Commonwealth tribunal; or
 (c) an officer or employee of an agency whose services are made available to the court or Commonwealth tribunal; or
 (d) a person prescribed by the PID rules to be a member of the staff of the court or Commonwealth tribunal for the purposes of this Act.
Note: For declaration by class, see subsection 13(3) of the Legislation Act 2003.
 (4) For the purposes of subsection (3):
 (a) a judicial officer of a court is not taken to be an officer of the court; and
 (b) a member of a Commonwealth tribunal is not taken to be an officer of the tribunal; and
 (c) if a statutory officeholder is a Commonwealth tribunal—the statutory officeholder is not taken to be an officer of the tribunal.