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.

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 to consist of 3 members, who are nominated by the Prime Minister after consulting with the Leader of the Opposition.