Queensland Consolidated Acts

CONSTITUTION OF QUEENSLAND 2001 - SECT 61

61 Removal from office for misbehaviour or incapacity

(1) A judge may not be removed from an office other than under this section.

(2) A judge may be removed from an office by the Governor in Council, on an address of the Legislative Assembly, for—

(a) proved misbehaviour justifying removal from the office; or

(b) proved incapacity to perform the duties of the office.

(3) A judge’s misbehaviour justifying removal from an office is proved only if the Legislative Assembly accepts a finding of a tribunal, stated in a report of the tribunal, that, on the balance of probabilities, the judge has misbehaved in a way that justifies removal from the office.

(4) A judge’s incapacity to perform the duties of an office is proved only if the Legislative Assembly accepts a finding of a tribunal, stated in a report of the tribunal, that, on the balance of probabilities, the judge is incapable of performing the duties of the office.

(5) The tribunal is to be established under an Act.

(6) The tribunal has the functions, powers, protection and immunity given under an Act.

(7) The tribunal must consist of at least 3 members.

(8) The members are to be appointed by resolution of the Legislative Assembly.

(9) A person is eligible for appointment as a member only if the person is a former judge or justice of a State or Federal superior court in Australia.

(10) However, a person is not eligible for appointment as a member if the person and the judge who may be removed were judges of the same court at the same time.