Terms of Reference

Amended Timeframe for reporting 6 October 2021

The High Court of Australia delivered judgment in Charisteas v Charisteas and Ors (Case P6/2021) on Wednesday 6 October 2021, accordingly the date for delivery of the report to the Attorney-General was 6 December 2021.

Amended Timeframe for reporting 21 June 2021

The ALRC should provide its report to the Attorney-General by 30 September 2021, or two months from delivery of the High Court of Australia’s judgment in Charisteas v Charisteas and Ors (Case P6/2021), whichever is later.

Terms of Reference 11 September 2020

I, the Hon Christian Porter MP, Attorney-General of Australia, having regard to:

• the importance of maintaining public confidence in the administration of justice for all Australians;
• the importance of ensuring that justice is both done and seen to be done in Commonwealth courts and tribunals; and
• the fundamental principles of procedural fairness, including that decision-makers must be independent and impartial

REFER to the Australian Law Reform Commission (ALRC) for inquiry and report, pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996 (Cth), a consideration of whether, and if so what, reforms to the laws relating to impartiality and bias as they apply to the federal judiciary are necessary or desirable, in particular in relation to the following matters:

• whether the existing law about actual or apprehended bias relating to judicial decision-making remains appropriate and sufficient to maintain public confidence in the administration of justice;
• whether the existing law provides appropriate and sufficient clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality;
• whether current mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, are sufficient and appropriate, including in the context of review and appeal mechanisms; and
• any other matters related to these Terms of Reference.

I further request that the ALRC consider what changes, if any, should be made to Commonwealth legislation to implement its recommendations.

Collaboration and consultation

In undertaking this reference, the ALRC should consult widely with the legal profession, courts, tribunals and the broader community. The ALRC should produce consultation documents to ensure experts, stakeholders and the community have the opportunity to contribute to the review.

Timeframe for reporting

The ALRC should provide its report to the Attorney-General by 30 September 2021.