Judicial Service Act

This section provides definitions of terms used in the Act, including "Chairperson", "Commission", "Commissioner", "currency point", "judicial officer", "Minister", "Public Service Commission" and "Secretary".

The President appoints the Chairperson and other members of the Judicial Service Commission with the approval of Parliament; the Attorney General is an ex officio member of the Commission.

People who hold certain public or political offices must give up those offices when appointed as members of the Commission.

Every member of the Commission must, before assuming their functions, take and subscribe the official oath required under Schedule 1 of the Oaths Act and the oath specified in Part I of Schedule 2 to this Act.

The Commission must have a seal; the Commission may determine the form of the seal and the circumstances in which it is applied, subject to any law.

The Secretary must take and subscribe the oath in Part II of Schedule 2 before assuming functions; the Commission may direct other officers to do the same.

Members of the Commission have protection and privilege for acts or omissions done in the execution of their duties similar to that given to High Court judges; employees or other persons performing Commission functions are not personally liable to civil proceedings for acts or omissions done in good faith while performing those functions.

Parliament must provide adequate resources; the Commission must be self-accounting and deal directly with the Ministry responsible for finance; Commission funds may include grants with the Minister of Finance's approval; the Secretary administers and controls all funds and is the accounting officer under the Public Finance Management Act.

The Commission must have the functions specified in Articles 147 and 148 of the Constitution, subject to the Constitution.

The Chairperson must serve as head of the Commission, be responsible for its administration, and monitor and supervise the Secretary's work.

Defines the office of Secretary to the Commission: appointment by the President on advice of the Public Service Commission; Secretary must be qualified and appointed on Permanent Secretary terms; responsible for administration and record-keeping; entitled to attend meetings but has no vote unless the Commission directs otherwise.

The Commission must appoint other officers and employees as necessary to perform its functions; those officers and employees are public officers.

Sets who presides at Commission meetings, quorum, decision modes (consensus or majority), voting rights, special threshold for discipline/removal, and permits the Commission to act despite absences and to regulate procedure.

The Commission may make decisions by circulating papers among members except for certain judicial matters; any member can require deferral of such a decision until it is considered at a meeting.

When handling discipline or removal of a judicial officer, the Commission must follow rules of natural justice and must ensure the officer is informed of the case, allowed to defend and present their case, may engage an advocate where practicable, and must be told the Commission's reasons.

A judicial officer under disciplinary consideration may object to a Commission member's participation for bias; the Commission must rule on such objections before continuing, and if sustained the challenged member must not participate; the challenged member may be heard.

Communications between the Commission (or its members/officers) and specified officials cannot be produced or disclosed in legal proceedings without the Chairperson's written consent.

Persons (except those notified solely for public service appointment) who without reasonable cause fail to appear when notified, or who wilfully fail to produce requested documents, commit an offence punishable by a fine up to fifteen currency points or imprisonment up to six months, or both.

A witness before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

The Commission has the power to require persons to attend and give evidence, to require production of documents, and to have witnesses examined on oath or affirmation administered by the Secretary or an authorised person.

Witnesses summoned to appear before the Commission are entitled to reimbursement of expenses at the same rate as witnesses in High Court criminal proceedings; other persons invited to assist may be paid reasonable allowances by the Commission.

It is an offence for any person, outside their duty, to influence or attempt to influence decisions of the Commission, and it is an offence to wilfully give false or materially incomplete information to the Commission; both offences carry penalties of up to a fine of thirty currency points or up to twelve months' imprisonment, or both.

Members, officers of the Commission and others must not publish or disclose Commission-related documents, communications or information obtained in the course of their functions without the Chairperson's written permission and except in the exercise of official functions; anyone who knowingly republishes information disclosed in breach of that rule (except for prosecutions or official duty) also commits an offence punishable by a fine up to thirty currency points or imprisonment up to twelve months, or both.

Prosecution for an offence under this Act cannot be instituted without the consent of the Director of Public Prosecutions.

Subject to subsection (2), subsection (1) prevents proceedings in any court that claim non‑compliance with this Act, except for criminal proceedings under this Act and proceedings for judicial review by the High Court for nullity of Commission (or other person/authority) proceedings or decisions.

The Chief Justice may, by statutory instrument and in consultation with the Commission, prescribe how many registrars (other than the chief registrar) there are in the judiciary.

The Commission may designate holders of offices connected with a court as judicial officers.

The Commission may make regulations by statutory instrument concerning how it performs its constitutional and Act-based functions, including referrals, disciplinary proceedings, organisation of work, penalties and summoning persons to answer questions.

The Minister may amend Schedule 1 to the Act by statutory instrument with Cabinet approval.