Document ID: chunk:federal_register_of_legislation:C2021C00498:section:8
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 8
Character Range: 12659–13531

8  Guide to this Part

      The Houses of the Parliament may each pass a resolution, in the same session, establishing a Commission to investigate an allegation of misbehaviour or incapacity of a Commonwealth judicial officer.
      The Commission is to investigate the allegation, and report to the Houses of the Parliament, on whether there is evidence that would let the Houses of the Parliament conclude that the alleged misbehaviour or incapacity is proved.
      If the alleged misbehaviour or incapacity is proved, and both Houses of the Parliament pray for the removal of the judicial officer, the judicial officer may be removed by the Governor‑General in Council in accordance with paragraph 72(ii) of the Constitution.
      A Commission is to consist of 3 members, who are nominated by the Prime Minister after consulting with the Leader of the Opposition.