Australia’s Judicial System and the Role of Judges

7 December 2009

© Commonwealth of Australia 2009
ISBN 978-1-74229-086-7

View the report as a single document - (PDF 602KB)

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View the report as separate downloadable parts:

Members of the Committee	(PDF 53KB)
Recommendations	(PDF 65KB)
Chapter 1	(PDF 55KB)
Introduction Conduct of the inquiry Scope of the report Acknowledgement Note on references
Chapter 2 - Background	(PDF 79KB)
Terms of Reference Current arrangements for Federal courts – appointments and complaint handling International obligations International experiences
Chapter 3 - Judicial appointment	(PDF 119KB)
Background Appointment
Chapter 4 - Terms of appointment	(PDF 117KB)
Acting appointments Part-time appointment Other possible arrangements and issues A brief comment about remuneration, resources and a national approach
Chapter 5 - Jurisdictional issues – the interface between the federal and state judicial systems	(PDF 88KB)
What are the issues? National judiciary Cross-vesting
Chapter 6 - Judicial Complaints Handling	(PDF 88KB)
Termination Current statutory arrangements Current approaches to complaint handling
Chapter 7 - A Judicial Complaints Commission?	(PDF 130KB)
Judicial complaint handling options Should a federal or national complaints handling body be established? A federal judicial commission? Committee view Is an intermediate process needed?
Appendix 1 - Submissions received	(PDF 55KB)
Appendix 2 - Witnesses who appeared before the Committee	(PDF 51KB)
Appendix 3 - International covenant on civil and political rights – Article 14	(PDF 53KB)
Appendix 4 - Outline of overseas judicial complaint handling and appointments bodies	(PDF 220KB)
Appendix 5 - Law Council of Australia – Extract from submission 11	(PDF 54KB)
Attachment A Attachment B
Appendix 6 - Law Society of New South Wales – Extract from submission 7	(PDF 57KB)
Selection Process for the Judiciary Criteria for selection
Appendix 7	(PDF 62KB)
Appendix 8 - Federal Court of Australia Judicial Complaints Procedure	(PDF 63KB)
Complaints about delay Complaints about cases that could be dealt with on appeal or by prerogative writ Complaints about judicial conduct Complaints about delay Complaints about cases that could be dealt with on appeal Complaints about judicial conduct

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3560
Fax:	+61 2 6277 5794
Email:	legcon.sen@aph.gov.au