What does this provision establish at the court in a family protection case, and what does it leave for the Supreme Court Rules to decide?
General information · Not legal advice
Material to check
In a practice file, we check the papers showing the case is a family protection case heard under the Act on Special Cases Concerning the Punishment etc. of Crimes of Domestic Violence, any notice or record naming the investigator assigned, and the Supreme Court Rules themselves, since the Act defers the investigator's qualification and appointment to them.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the first paragraph at its word: a family protection case investigator is placed at the court for the purpose of investigating and adjudicating family protection cases, so the provision establishes the office and ties it to that kind of case.
Another reading turns on what the Act does not say: the qualification, appointment and removal of the investigator, and any other necessary matters, are left to be set by Supreme Court Rules, so the Act alone does not tell who may hold the role, who appoints them, or what their powers in the investigation are.
Your judgment
If the Supreme Court Rules have not yet set out what an investigator may do in an investigation, how could a party show what role the investigator in their own case actually played?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended, or if the Supreme Court issues Rules under it, or if a court decision explains what a family protection case investigator does in investigating and adjudicating these cases.