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NSW judges to be suspended pending investigations
Under new laws, judicial officers can be stood down from office pending investigations by the independent judicial commission into suspected offences.
Naomi Neilson
Judicial officers suspected of physical or mental impairment can now be suspended in line with new laws passed through the NSW Parliament. The suspension will allow the independent judicial commission to conduct an investigation into the matter.
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The possible reasons for suspension include if the suspected conduct is such that the Parliament could justify the removal of the judicial officer from office completely.
According to the changes to the Judicial Officers Act 1986, suspension may also come after a judicial officer is charged with “any offence that is punishable by imprisonment for 12 months or upwards”, either within the state or elsewhere. The commission may lift the suspension at any time if the suspected conduct is no longer a concern.
A judicial officer may also be suspended if the head of jurisdiction has made a request to the commission to investigate a “suspected impairment”, defined as a physical or a mental impairment that would affect their performance in office.
Speaking to media, Attorney-General Mark Speakman said the reform could increase public confidence in the justice system “as this empowers heads of jurisdiction to take decisive action if they suspect a physical or mental impairment”.
