Judicial Council Act 2019


Recommendations for appointment of lay members of Judicial Conduct Committee

45. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of the Judicial Conduct Committee and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

(2) Subject to subsection (3) and section 44(6), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

(3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Judicial Conduct Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

(a) the maintenance of standards in professions regulated by a statutory or other body;

(b) dealing with complaints made against members of such professions;

(c) mediation or other mechanisms for alternative dispute resolution;

(d) the administration of justice;

(e) the management and provision of services to members of the public.

(4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of the Judicial Conduct Committee as would render him or her suitable to be a lay member of the Judicial Conduct Committee.

(5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the lay membership of the Judicial Conduct Committee.