📜 Judicial Commission Bill 2026

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

“(2) A person who is or has been a member of the Commission, a member of an investigating panel, the Director or a staff member must not, directly or indirectly, record, disclose or make use of any information obtained by reason of, or in the course of, the performance of functions under this Act, except for the purpose of performing functions under this Act. Penalty: a fine of $10 000 or imprisonment for 1 year.”

Disclosure of certain information restricted

“130. Disclosure of certain information restricted (1) A person must not, directly or indirectly, record, disclose or make use of any of the following information: (a) that a complaint has been made or referred under Part 3; (b) the identity of a complainant or respondent officer; (c) any information that could identify a complainant or respondent officer; (d) any information obtained by the Commission or an investigating panel in the course of performing functions under Part 3. Penalty: a fine of $10 000 or 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 or 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, for or on behalf of, any person on an understanding or agreement that any person called or to be called as a witness in any proceedings before an investigating panel will — (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 course of justice or the lawful process of 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 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.”

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 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.”

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 anything in evidence according to the 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 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.”

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 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 or to give evidence was served on the employee and before the employee had given evidence, the burden of proving that the dismissal or prejudice was not because the employee had attended or proposed to attend as a witness or had given or proposed to give evidence lies on the employer.”

Other offences

“76. Other offences A person who — (a) having been served with a summons to attend as a witness 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 it in obedience to the summons; or (c) having been sworn or affirmed as a witness, refuses without reasonable excuse to answer any question that the investigating panel requires the person to answer; or (d) wilfully interrupts the proceedings of an investigating panel or hinders or obstructs an investigating panel in the performance of its functions; or (e) uses insulting language towards an investigating panel or a member of an investigating panel; or (f) creates a disturbance in or near a place where an investigating panel is sitting; or (g) does any other act that would, if an investigating panel were a court of record, constitute contempt of that court, is guilty of an offence and is liable to a fine of $10 000 or imprisonment for 1 year.”