Chapter 20 - Relations with the judiciary
Advice
on misbehaviour
If it is for the two Houses to
determine whether particular conduct amounts to misbehaviour, the question
arises whether it is proper for the Houses to ask some other body to advise
them on that question.
The Houses have assumed that such a course is open to them. Each of the
two Senate committees appointed in 1984 and the statutory Parliamentary
Commission of Inquiry appointed in 1986 to inquire into the conduct of a High
Court justice were asked to advise whether particular conduct constituted
misbehaviour, as well as finding facts.
It would appear to be legitimate for the Houses to seek advice in this
way, provided that they do not delegate the actual determination of the
question of whether misbehaviour has occurred.
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