Victorian Numbered Regulations

HONORARY JUSTICES (TRANSITIONAL) REGULATIONS 2014 (SR NO 111 OF 2014) - REG 6

r. 6

    (1)     This regulation applies if—

        (a)     before the commencement day, an investigation was completed into the conduct of a relevant justice of the peace by a retired magistrate engaged by an employee of the Department of Justice for either of the following purposes—

              (i)     to prepare a report on whether there are grounds to revoke the appointment of the relevant justice of the peace under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day);

              (ii)     to prepare a report recommending whether the appointment of the relevant justice of the peace should be revoked under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day); and

        (b)     the relevant justice of the peace—

              (i)     was given written notice stating the reason for the investigation; and

              (ii)     has been given the opportunity to respond to the matters contained in that notice; and

        (c)     before the commencement day, a report of the findings or recommendations of the retired magistrate—

              (i)     has not been prepared; or

              (ii)     was prepared but the Attorney-General has not made a recommendation to the Governor in Council in relation to the findings or recommendations of the report.

    (2)     On and after the commencement day—

        (a)     the investigation is taken to be an investigation into the conduct of the relevant justice of peace under section 32 of the Act; and

        (b)     the retired magistrate is taken to be an investigator appointed under section 31 of the Act and, if the retired magistrate has not done so already, must make a report of his or her findings or recommendations to the Attorney-General; and

        (c)     the report to the Attorney-General of the retired magistrate's findings or recommendations, whether made before or after the commencement day, is taken to be a report made under section 32(1)(b) of the Act; and

        (d)     if a report of an investigation conducted for the purpose referred to in regulation 6(1)(a)(ii) recommends the appointment of the relevant justice of the peace should be revoked, the facts found by the retired magistrate which form the basis of that recommendation are taken, for the purposes of section 32(1)(b) of the Act, to be facts which could constitute grounds for removal of the relevant justice of the peace from office; and

        (e)     section 32(2), (3) and (4) of the Act do not apply in relation to the investigation.