Page 123 - Week 01 - Wednesday, 8 April 1992
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Court shall not be bound to exercise any powers where it has jurisdiction concurrently with a lower court or tribunal, unless it is so required by legislation or Rules of Court.
(b) the removal from office of a judicial officer or member of a tribunal by the ACT Executive, but only at the request, by resolution, of the Legislative Assembly for the Australian Capital Territory acting in accordance with a report of a Judicial Commission, in which the Commission concludes that the behaviour or physical or mental capacity of the judicial officer or member of the tribunal concerned could amount to proved misbehaviour or incapacity such as to warrant removal from office.
(c) a Judicial Commission to have the function of investigating and reporting to the Attorney-General on allegations or complaints concerning the conduct or capacity of:
(i) a Supreme Court Judge other than an additional Judge;
(ii) the Master of the Supreme Court;
(iii) a magistrate; and
(iv) any other specified judicial officer or member of a tribunal.
(d) a Judicial Commission to be constituted by persons:
(i) who are or have been Judges of a superior court (other than serving Justices of the High Court of Australia or serving Judges of the Supreme Court (other than additional Judges)) of the Commonwealth, or of a State or Territory; and
(ii) who are appointed for such terms as are fixed in accordance with ACT law.
(e) a Judge and Master of the Supreme Court to be paid such remuneration as is determined by the Remuneration Tribunal.
(f) if no such determination is in force, a Judge and Master of the Supreme Court to be paid such remuneration as is specified under an enactment.
(g) the remuneration of a Judge and Master of the Supreme Court to not be diminished during the Judge or Master's continuance in office.
(h) the retiring age of judicial officers of the Supreme Court to not be altered during a judicial officer's continuance in office without the consent of the judicial officer.
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