📜 Judicial Commission Bill 2026

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

“(2) A person who is or has been a member of the Commission or an investigating panel, or the Director or a member of the staff of the Commission, must not, directly or indirectly, record, disclose or make use of any information obtained by reason of, or in the course of, performing functions under this Act, 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 obtained by reason of, or in the course of, performing functions under this Act, if the information relates to — (a) a complaint that has been dismissed under section 24 or 44; or (b) a complaint that has been referred to a head of jurisdiction under section 34 or 48 and in respect of which the head of jurisdiction has taken action under section 35 or 49. 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 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.”

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 any person called or to be called as a witness before an investigating panel will — (i) give false testimony; or (ii) withhold true testimony; or (iii) destroy, conceal, remove or alter any thing; or (b) attempts to obstruct or in any way pervert the course of justice in relation to an investigation by an investigating panel, is guilty of an offence and 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 any false statement to, any person called or to be called as a witness 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.”

Destroying evidence

“72. Destroying evidence A person who, knowing that any book, document or other thing is or may be required in evidence 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.”

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 pursuant to a summons is guilty of an offence and 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 appeared as a witness before an investigating panel or has produced any book, document or other thing pursuant to a summons is guilty of an offence and is liable to imprisonment for 2 years.”

Dismissal by employer of witness

“75. 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 appeared as a witness before an investigating panel or has produced any book, document or other thing pursuant to a summons is guilty of an offence and is liable to imprisonment for 2 years. (2) In any proceeding for an offence under subsection (1), it lies upon the employer to prove that the employee was dismissed or prejudiced in their employment for some reason other than that referred to in subsection (1).”

Other offences

“76. Other offences A person who — (a) having been served with a summons to attend before an investigating panel, fails without reasonable excuse to attend in obedience to the summons; or (b) having been served with a summons to produce any book, document or other thing, fails without reasonable excuse to produce the book, document or thing in obedience to the summons; or (c) having been sworn or affirmed as a witness, fails without reasonable excuse to answer any question that the person is required by the investigating panel to answer; or (d) without reasonable excuse, obstructs or hinders an investigating panel or a member of an investigating panel in the exercise of the investigating panel’s or member’s functions, is guilty of an offence and is liable to a fine of $10 000.”