Document ID: chunk:federal_register_of_legislation:C2021C00498:section:20
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 20
Character Range: 20022–21618

20  Natural justice
 (1) A Commission must act in accordance with the rules of natural justice.
 (2) Without limiting subsection (1), if an allegation of misbehaviour or incapacity is being investigated by a Commission in relation to a Commonwealth judicial officer:
 (a) the Commission must:
 (i) give the Commonwealth judicial officer particulars of the allegation being investigated as soon as practicable; and
 (ii) offer the Commonwealth judicial officer a reasonable opportunity to make an oral or written statement to the Commission; and
 (b) the Commission must offer the Commonwealth judicial officer reasonable access to any documents or other things (including documents, or other things, seized under a search warrant) received by, produced before, delivered to, or otherwise acquired by, the Commission for the purposes of the investigation; and
 (c) if the Commonwealth judicial officer does not attend, or appear at, a hearing of the Commission, or otherwise give evidence to the Commission—the Commission must not draw any inferences adverse to the Commonwealth judicial officer from that fact; and
 (d) before the Commission gives a report under subsection 48(1) or (6), the Commission must:
 (i) give the Commonwealth judicial officer a draft of the report; and
 (ii) give the Commonwealth judicial officer a reasonable opportunity to give comments to the Commission on the draft report; and
 (iii) consider any timely comments that the Commonwealth judicial officer makes to the Commission on the draft report.

Division 2—Investigations

Subdivision A—Guide to this Division