The Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 and the Courts Legislation Amendment (Judicial Complaints) Bill 2012  were passed today.

The Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 provides a mechanism to assist the Parliament’s consideration of the removal of a judge from office under paragraph 72(ii) of the Constitution.  It provides details about investigations of Commissions under Part 3 of the bill and their powers detailed in subdivision C of Part 3.

The Courts Legislation Amendment (Judicial Complaints) Bill 2012  implements measures to assist Chief Justices of the Federal Court, the Family Court and (the soon to be) Federal Circuit Court of Australia, when managing complaints within the courts. For example, the Chief Justices will have the option to establish a Conduct Committee to investigate and report to them about a complaint.

The third reading was held in the Senate today and was agreed to.  The text of the third reading of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 can be viewed here.

Article written by Claire Naidu, Canberra Family Lawyer.