Document ID: chunk:federal_register_of_legislation:C2021C00498:section:4
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 4
Character Range: 8767–10059

4  Guide to this Act

      Under this Act, 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 (that is, a High Court judge or a judge of the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2).
      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 established by force of, and in accordance with, this Act, and the members of a Commission hold office on the terms and conditions provided by this Act. This Act also establishes the rules for an investigation by a Commission, and the requirement for it to report on its investigation to the Houses of the Parliament.