216. Rules about procedures

(1) The Chief Justice may make rules under these Regulations providing for the procedures that are to be followed in the investigation and determination of allegations by any person of misconduct by judicial office holders.
(2) Rules made under subsection (1) may include provision as to any of the following —
(a) circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise);
(b) steps to be taken by a complainant before a complaint is to be investigated;
(c) the conduct of an investigation, including steps to be taken by the judicial office holder under investigation or by a complainant or other person;
(d) time limits for taking any step and procedures for extending time limits;
(e) persons by whom an investigation or part of an investigation is to be conducted;
(f) matters to be determined by the Chief Justice, the Board, the judicial office holder under investigation or any other person;
(g) requirements as to records of investigations;
(h) requirements as to confidentiality of communications or proceedings;
(i) requirements as to the publication of information or its provision to any person.
(3) Rules —
(a) may require a decision as to the exercise of functions under section 214, or functions mentioned in subsection (2) of that section, to be taken in accordance with findings made pursuant to prescribed procedures;
(b) may require that prescribed steps be taken by the Chief Justice or the Board in exercising those functions or before exercising them.
(4) Where rules made under subsection (1) impose any requirement on the judicial office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint) —
(a) as may be prescribed by the rules; or
(b) as may be determined by the Chief Justice and the Board or either of them in accordance with provisions so prescribed.
(5) Rules made under subsection (1) may —
(a) provide for any prescribed requirement not to apply if the Chief Justice and the Board so agree;
(b) make provision for different purposes.
(6) Nothing in this section limits the generality of subsection (1).
(7) Rules made under this section are to be published in such manner as the Chief Justice may determine with the agreement of the Board.
(8) Without affecting subsection (7), rules made under this section must be made available to and easily and freely accessible by members of the public.