Document ID: chunk:federal_register_of_legislation:C2024C00836:section:48d
Version: federal_register_of_legislation:C2024C00836
Segment Type: section
Provision Reference: s 48D
Character Range: 38236–39314

48D  Removal of a judicial officer from office
  An enactment relating to the removal from office of a judicial officer must provide that:
 (a) a judicial officer may only be removed from office if:
 (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney‑General of the Territory a report that:
 (A) sets out the facts found by the commission in relation to the subject matter of the complaint; and
 (B) states that, in the commission's opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer's removal from office; and
 (ii) the Assembly:
 (A) has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and
 (B) has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and
 (b) a judicial officer may only be removed from office by the Executive in writing.

Part VII—Finance