Judicial Review of Proceedings for Removal of Judges from Office

In A ustralia , ju d g es are form ally appointed b y the relevant v ice-rega l representative: the governor-general, a governor o f a state or the adm inistrator o f a territory o f the C om m onw ealth . T here are statutory p rov ision s for rem oval o f ju d g es from o ff ic e and in som e cases they are con stitu tion ally entrenched. S ection 7 2 (ii) o f the federal C onstitu tion o f A ustralia, for exam ple, p rovides that: The Justices of the High Court and of other courts created by the Parliament (ii) Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity. S ection 53 o f the N e w South W ales Constitution Act 1902, as am ended in 1992, is m od elled on s 7 2 (ii) o f the federal C onstitution. It app lies to all the sta te’s ju d ic ia l o fficers (as d efin ed in s 52 ) and it is entrenched b y s 7B o f the A c t.* 1 T he statutory p rov ision s for rem oval o f ju d g es in the other A ustralian states (w ith the excep tion o f V ictoria ), h ow ever, are not con stitu tion ally entrenched.2 T he p rov ision s relating to the rem oval o f ju d g es o f the Suprem e Courts are, in m ost o f th ese other states, m od elled on E nglan d ’s Act o f Settlement 1701