(1) In this Part:
judicial office means the office of any of the following:(a) Chief Justice, President of the Court of Appeal, Judge of Appeal, Judge, Associate Judge or Master of the Supreme Court,(b) Chief Judge, Deputy Chief Judge or Judge of the Industrial Court or member of the Industrial Relations Commission in Court Session,(c) Chief Judge or Judge of the Land and Environment Court,(d) Chief Judge or Judge of the District Court or President of the Children’s Court,(e) Chief Judge or Judge of the Compensation Court,(f) Chief Magistrate, Deputy Chief Magistrate or Magistrate of the Local Courts; Chief Magistrate, Deputy Chief Magistrate or Magistrate of the Local Court; Senior Children’s Magistrate or Children’s Magistrate of the Children’s Court; Chief Industrial Magistrate or Industrial Magistrate; Chairman, Deputy Chairman or Licensing Magistrate of the Licensing Court.(2) For the purposes of this Part:(a) the Supreme Court, the Industrial Court and the Land and Environment Court are taken to be courts of equivalent status, and are of higher status than the courts referred to in paragraphs (b) and (c), and(b) the District Court and the Compensation Court are taken to be courts of equivalent status, and are of higher status than the court referred to in paragraph (c), and(c) the holders of the judicial offices referred to in paragraph (f) of the definition of judicial office are taken to constitute one court, and(d) the relative status of any other court is to be as determined by legislation.(3) This Part extends to the removal or suspension of judicial officers after the commencement of this Part because of matters arising before that commencement.
(1) No holder of a judicial office can be removed from the office, except as provided by this Part.(2) The holder of a judicial office can be removed from the office by the Governor, on an address from both Houses of Parliament in the same session, seeking removal on the ground of proved misbehaviour or incapacity.(3) Legislation may lay down additional procedures and requirements to be complied with before a judicial officer may be removed from office.(4) This section extends to term appointments to a judicial office, but does not apply to the holder of the office at the expiry of such a term.(5) This section extends to acting appointments to a judicial office, whether made with or without a specific term.
(1) No holder of a judicial office can be suspended from the office, except in accordance with legislation.(2) A suspended judicial officer is entitled to be paid remuneration as a judicial officer during the period of suspension, at the current rate applicable to the office from which he or she is suspended.
(1) This Part does not prevent the fixing or a change of age at which all judicial officers, or all judicial officers of a court, are required to retire by legislation.(2) However, such a change does not apply to a judicial officer holding office when the change takes effect, unless the judicial officer consents.
(1) This Part does not prevent the abolition by legislation of a judicial office.(2) The person who held an abolished judicial office is entitled (without loss of remuneration) to be appointed to and to hold another judicial office in the same court or in a court of equivalent or higher status, unless already the holder of such an office.(3) That right remains operative for the period during which the person was entitled to hold the abolished office, subject to removal or suspension in accordance with law. The right lapses if the person declines appointment to the other office or resigns from it.(4) This section applies whether the judicial office was abolished directly or whether it was abolished indirectly by the abolition of a court or part of a court.