JUDICIAL COMMISSIONS ACT 1994 - SECT 5 Removal of judicial officer

JUDICIAL COMMISSIONS ACT 1994 - SECT 5

    (1)     If the Legislative Assembly passes, in the appropriate manner, a resolution requiring the Executive to remove a judicial officer from office on the ground of misbehaviour or physical or mental incapacity, the Executive must, by instrument, remove the judicial officer from the office.

    (2)     For subsection (1), a resolution of the Legislative Assembly is taken to have been passed in the appropriate manner if it is passed—

        (a)     under a motion of which notice was given after completion of the formal process; and

        (b)     within 15 sitting days after the Attorney-General has presented to the Legislative Assembly the report of the commission appointed to examine the complaint in respect of the judicial officer; and

        (c)     by a majority of the votes of the members of the Legislative Assembly present and voting.

    (3)     For subsection (2), the formal process is taken to have been completed if—

        (a)     the commission has submitted to the Attorney-General in accordance with section 22 a report of its examination of the complaint in which it concludes that the behaviour or physical or mental capacity of the judicial officer concerned could amount to proved misbehaviour or incapacity such as to warrant removal from office and the Attorney-General has presented a copy of the report to the Legislative Assembly in accordance with section 23; and

        (b)     following the submission of the report—

              (i)     the judicial officer has delivered to the Attorney-General in accordance with section 24 (1) and (3) a statement relating to the report and the Attorney-General has presented the statement to the Legislative Assembly in accordance with section 24 (4); or

              (ii)     the period for delivering such a statement has expired and no such statement has been delivered by the judicial officer to the Attorney-General; and

        (c)     the judicial officer has been given a reasonable opportunity by the Legislative Assembly to address the Assembly (whether in person or by a lawyer on the judicial officer's behalf) in relation to any matter relating to the commission's findings or conclusion; and

        (d)     the Legislative Assembly has determined that the findings by the commission amount to misbehaviour or physical or mental incapacity identified by the commission.

    (4)     An address to the Assembly in accordance with subsection (3) (c) must not contain any references to people or things that are inconsistent with the commission's reasons for submitting a separate report (if any) in accordance with section 22 (3).