Chapter 20 - Relations with the judiciary
New South Wales precedent
The New South Wales constitution and
relevant legislation provide that judicial officers may be removed upon address
by both Houses of the Parliament on ground of proved misbehaviour or incapacity,
but only after a report by the Conduct Division of the Judicial Commission, a
panel of judges and barristers which considers complaints about such officers,
indicating that matters may justify parliamentary consideration of removal.
In 1998 the
Conduct Division found that incapacity had been proved in respect of a justice
of the state Supreme Court, Justice
Vincent Bruce, as evidenced by unreasonable delay in
delivering judgments. A challenge by the justice to the validity of the Conduct
Division’s report failed in the Court of Appeal (Bruce v Cole 1998 45 NSWLR 163).
The Legislative
Council, however, on 25 June
1998 rejected a government
motion to remove the justice, although the motion was supported by major party
leaders. The Council heard the justice before considering the motion. In
February 1999, after further criticism of delays in his cases, the judge
resigned.
Previous page | Contents | Next page
Website feedback: web.senate@aph.gov.au
Last reviewed 2 February 2010 by the Senate Web Administrator
© Commonwealth of Australia
Parliament of Australia Web Site Privacy Statement
Images courtesy of AUSPIC
|
