Commonwealth Consolidated Acts

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Appointment, removal and resignation of Judges

Appointment of Judges

             (1)  A Judge:

                     (a)  shall be appointed by the Governor-General by commission; and

                     (b)  shall not be removed except by the Governor-General, on an address from both Houses of the Parliament in the same session, praying for his or her removal on the ground of proved misbehaviour or incapacity.

             (2)  A person is not to be appointed as a Judge unless:

                     (a)  the person:

                              (i)  is or has been a Judge of a prescribed court or of a court of a State; or

                             (ii)  has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and

                     (b)  the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.

Judges to be assigned to particular location

             (3)  The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:

                     (a)  must not sit at another location on a permanent basis unless the Attorney-General and the Chief Justice consent; and

                     (b)  cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and

                     (c)  may sit at another location on a temporary basis.

          (3A)  In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.

          (3B)  Despite section 39B of the Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Attorney-General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a).


             (4)  A Judge may resign his or her office by writing under his or her hand delivered to the Governor-General, and the resignation takes effect on the day on which it is received by the Governor-General or on such later day as is specified in the writing.

Judge of 2 or more courts

             (5)  Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge, other than the Chief Justice, of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts.


             (6)  A Judge or former Judge is entitled to be styled "The Honourable".


             (7)  In this section:

"prescribed court" means:

                     (a)  a court (other than the Court) created by the Parliament; or

                     (b)  the Supreme Court of the Northern Territory; or

                     (c)  the Supreme Court of the Australian Capital Territory; or

                     (d)  the Supreme Court of a State.

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