Judicial Impartiality: Consultation Paper (CP 1, 2021)

The ALRC seeks stakeholder submissions on 25 questions and reform proposals in relation to judicial impartiality and the law on bias.

The Terms of Reference for this Inquiry ask the ALRC to consider whether:

  • the law about actual or apprehended bias relating to judicial decision-making is sufficient and appropriate to maintain public confidence in the administration of justice;
  • the law provides clarity to decision-makers, the legal profession and the community about how to manage potential conflicts and perceptions of partiality; and
  • the mechanisms for raising allegations of actual or apprehended bias, and deciding those allegations, are sufficient and appropriate.

The Inquiry relates to the law as it applies to judges in the High Court, Federal Court, Family Court and Federal Circuit Court.

Further research and analysis can be found in the Inquiry Background Papers.

Download the Consultation Paper with all Background Papers.

Submissions are due to the ALRC by 30 June 2021.