South Australian Numbered Acts South Australian Numbered Acts11—Disciplinary action and removal of justices from office
(1) There is proper
cause for taking disciplinary action against a justice if the justice—
(a)
breaches, or fails to comply with, a condition of his or her appointment
(whether as a justice or special justice); or
(b)
breaches, or fails to comply with, a prescribed provision of a code of
conduct.
(2) If the Governor is
satisfied that there is proper cause for taking disciplinary action against a
justice, the Governor may, by notice in writing, do one or more of the
following:
(a)
reprimand the justice;
(b)
impose conditions or further conditions on the justice's appointment;
(c)
suspend the justice from office for a specified period or until the fulfilment
of stipulated conditions or until further notice (but not in any event for a
period exceeding 2 years).
(3) If a justice is
charged with an offence, the Governor may, if of the opinion that conviction
of the offence would show the justice to be unfit to hold office, by notice in
writing, suspend the justice from office until proceedings based on the charge
have been completed.
(4) A suspension may
be revoked by further notice.
(5) If a
justice—
(a) is
mentally or physically incapable of carrying out official functions
satisfactorily; or
(b) is
convicted of an offence that, in the opinion of the Governor, shows the
convicted person to be unfit to hold office as a justice; or
(c) is
bankrupt or applies to take the benefit of a law for the relief of bankrupt or
insolvent debtors; or
(d)
should, in the Governor's opinion, be removed from office for any other
reason,
the Governor may, by notice in the Gazette, remove the justice from office.
(6) A person who has
been removed from office may not apply for reappointment as a justice for a
period of 5 years from the date of removal or such longer period as may be
specified by the Governor in the notice of removal.