The Australian Law Reform Commission (ALRC) has launched a consultation paper questioning whether Australian judges are impartial or not and is calling for submissions and comments on the questions and proposals it raises.
President of the ALRC, Sarah Derrington (pictured) said that in Australia judicial independence and impartiality are seen as fundamental to the common law system of adversarial trial, to the exercise of judicial power under the Australian Constitution, and to upholding public confidence in the administration of justice.
Justice Derrington said judicial impartiality was central to justice, and the systems to support it needed to reflect and respond to the realities of the modern Australian society.
“Our consultation proposals and questions for this Inquiry focus on enhancing the institutional structures that already exist to support impartial decision-making,” Justice Derrington said.
She said the implementation of transparent procedures and guidelines were foundational to the rule of law and the public’s confidence in the administration of justice in Australia.
She said the Terms of Reference for the Inquiry included whether the law actual or apprehended bias relating to judicial decision-making was sufficient to maintain public confidence in the administration of justice; whether the law provided clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality; and if the mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, were sufficient and appropriate.
Justice Derrington said the Inquiry would look at judges in the High Court, Federal Court, Family Court and Federal Circuit Court.
She said submissions would be open open until 30 June and the ALRC was expected to deliver is report to the Attorney-General by 30 September.
The ALRC’s 36-page Judicial Impartiality Consultation Paper can be accessed at this PS News link.
