Queensland Consolidated Acts
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CONSTITUTION OF QUEENSLAND 2001 - SECT 61
Removal from office for misbehaviour or incapacity
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
(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.
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
(8) The members are to be appointed by resolution of the Legislative
(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
(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.
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