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Definitions

Definitions for the purpose of this guideline.

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Complaint

  1. For the purposes of this Guideline, a ‘complaint’ is defined as:
    1. an expression of concern, dissatisfaction or frustration with the manner in which a Justice of the Peace or Bail Justice delivers services to the Victorian community and in the case of a Bail Justice does not include the decision made by, or discretion exercised by, the Bail Justice at a hearing under the Bail Act 1977 or the Children, Youth and Families Act 2005; or
    2. information received by the department which indicates that the Justice of the Peace or Bail Justice:
      1. has engaged in misconduct or misbehaviour sufficient to justify removal from office, whether or not the conduct or behaviour was engaged in by the Honorary Justice while holding office; or
      2. has brought the office of Justice of the Peace or Bail Justice into disrepute; or
    3. in the case of a person granted permission to use the title JP (Retired) or BJ (Retired);
      1. information received which indicates that the person may have been convicted or found guilty of an offence punishable by a term of imprisonment of 6 months or more or an offence that if committed in Victoria would constitute an offence punishable by a term of imprisonment of 6 months or more; or
      2. an expression of concern, or information received which indicates, that the person’s use of the title or other behaviour is such that the continued use of the title by the person could bring the office of Justice of the Peace or Bail Justice into disrepute.5

Department

  1. In this Guideline, ‘department’ means the Department of Justice and Community Safety, and includes the Honorary Justice Services Support.

Director

  1. In this Guideline, Director means the Director, System Governance, Department of Justice and Community Safety.

Investigator

  1. In any case where the Secretary is satisfied on reasonable grounds that there may be grounds for removal of an Honorary Justice, the Secretary may appoint an investigator to undertake an investigation into the conduct of an Honorary Justice.6
  2. The Secretary may appoint an investigator, irrespective of whether the Honorary Justice has been suspended.7
  3. In this Guideline, complaints categorised as Category B WÎII be referred to an investigator to undertake the investigation of the conduct of an Honorary Justice.
  4. An investigator must be a person who has served as a judicial officer in Victoria or another Australian jurisdiction.8

Secretary

  1. In this Guideline, Secretary means the Secretary to the Department of Justice and Community Safety.

 

Footnotes

[5] See Section 42 of the Honorary Justices Act 2014 for revocation of permission to use title.

[6] See Section 31(1) of the Honorary Justices Act 2014.

[7] See Section 31(2) of the Honorary Justices Act 2014.

[8] Under Section 31(3) of the Honorary Justices Act 2014, an investigator must be a person who has served as a judicial officer in Victoria or another Australian jurisdiction.

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