The Judicial Council must conduct a substantive examination of a complaint if:
- a complaint is not dismissed; or
- the complaint is not referred to the relevant Head of Jurisdiction for action.
A substantive examination of a complaint by the Council is for the purpose of determining if:
- there are reasonable prospects of the complaint being wholly or partly substantiated; and
- the complaint is of a nature that would justify the removal of the relevant judicial officer from office.
The Council may hold hearings as part of determining the above and needs to inform the Attorney-General when the substantive examination commences, and the way in which the complaint is to be dealt with by the Council.
The Council also has the power to dismiss a complaint while conducting a substantive examination. If the Council is satisfied on reasonable grounds that there are reasonable prospects of a complaint being wholly or partially substantiated and the complaint is of a nature that might justify the removal of the relevant judicial officer from office, the Council must:
- appoint a judicial commission to examine the complaint; and
- provide the Attorney-General with a report.