Australian Capital Territory Current Acts

JUDICIAL COMMISSIONS ACT 1994 - SECT 35

    (1)     If, in the course of examining a complaint, the council or a commission forms the opinion on reasonable grounds that the judicial officer concerned may be physically or mentally unfit to exercise efficiently the functions of his or her office, the council may request the judicial officer to—

        (a)     undergo a specified medical examination within a reasonable stated time; and

        (b)     give the council a copy of any report of the medical examination.

    (2)     A specified medical examination must relate only to the physical or mental fitness of the judicial officer to exercise efficiently the functions of his or her office.

    (3)     If the judicial officer fails, without reasonable excuse, to comply with the request, a statement to that effect must be included in any report given in relation to the judicial officer under—

        (a)     section 22 (Reports of commission); or

        (b)     section 35I (Dismissal of complaint by council); or

        (c)     section 35J (Substantiation of complaint by council).