accountability of the judiciary through censure + removal of judges

censure

when conduct of a judge violates a rule of judicial conduct which detrimentally affects the integrity of judiciary + undermines public confidence in the administration of justice

judicial conduct

relates to the conduct of a judicial officer that is improper/unprofessional

if not properly addressed can diminish integrity of courts + undermine ability to fulfil judicial function

factors against which judicial conduct is ensured (3)

impartiality

judicial independence

integrity + personal behaviour of judicial officers

s72

protects judicial tenure + renumeration

• judges can only be removed on grounds of “proved misbehaviour or incapacity”

• renumeration can be fixed by prlt but not changed during their term

max age of 70

processes associated by removal of judges left do discretion of prlt

provisions limit removal of a judge

BUT doesn’t mention lesser penalties

how a judge can be removed

subject of cxal requirements

• s72

• only by GG in council

• requires an address by both HoP in the same session

• only on the grounds of PM/I

no federal judge has ever been removed

pm/i is deliberately borad ot encourage rigorous debate in prlt → protect SoP

how a judge may be censured

reference to a complaints tribunal (e.g. NSW Judicial Commission)

may be subject to “explanatory accountability” → must explain why they have behaved as such

informal censure through media + individual MPs in prlt

modern practices of judicial accountability (3)

NSW Judicial Commission

official misconduct division of State Criminal Justice Commission

codes of conduct

NSW judicial commission

ets. Oct 1987 by Judicial Officers Act

responsible for training judges + magistrates

investigates complaint against judicial officers

directly financed by NSW prlt + reports annually to them

deals with matters referred by AG

official misconduct division of State Criminal Justice Commission

law passed by QLD govt

following Angelo Vasta case

investigate JOs if complaint was received

exists only when a complaint is received

codes of conduct

form of voluntary self-accountability

NGP Australian Institute of Judicial Administration proposed judicial code of conduct (4th edition released 2026) but hasn’t officially been adopted