Family Justice Act 2014 · 2020 Revised Edition · Part 5 · Miscellaneous Provisions
44. Misconduct of officers
Feedback & supportWithout affecting any written law and rules governing the conduct and discipline of public officers, if any officer of the Family Justice Courts is charged —
officer
“officer”, in relation to the Family Justice Courts, means a person who is attached to the Family Justice Courts under section 17;
with extortion or misconduct while acting under colour of the process of the Family Justice Courts; or
with not duly paying or accounting for any money levied by him or her under the authority of this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court,it is lawful for a District Judge designated as a judge of the Family Court or judge of the Youth Court, and nominated by the Presiding Judge of the Family Justice Courts, to inquire into the matter in a summary manner.
For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced.
District Judge
“District Judge” means a District Judge appointed under section 9(1) of the State Courts Act 1970;
On any such inquiry, the District Judge may make such order as he or she thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he or she thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to the District Judge to be adequate.
If it is found by the District Judge that any officer, while employed in carrying out the officer’s duties under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than such fees as are for the time being allowed under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the Family Justice Courts.
Family Justice Rules
“Family Justice Rules” means the Family Justice Rules made under this Act and any other written law by the Family Justice Rules Committee constituted under section 46(1);
An appeal lies to the Chief Justice from an order made by the District Judge under this section.
The decision of the Chief Justice is final.